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1998-12-21 RM Exhibits ~ RESOLUTION OFTHE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, proposals were received for banking services for New Hanover County from the following institutions: NationsBank First Union National Bank Waehovia First Citizens BB&T AND WHEREAS, staff has evaluated the proposals and has determined that the proposal submitted by NationsBank provides the best package for the county; AND WHEREAS, the Finance Director and the County Manager recommend that the contract for banking services be awarded to NationsBank of Wilmington, North Carolina, AND WHEREAS, interest income earned exceeds the charges for the services of this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for banking services for the county, RFP # 99-0135 be awarded to NationsBank; with an anticipated implementation date of February 1, 1999; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by thc County Attorney This 21 st day of December 1998. 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" 0 0 '" ~ ~ iJ:: [/J f-< ~ iJ:: f-< ~ NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 11/30/98 CURRENT TAX YEAR - 1998 ~QQ-~=------~-QQ~-~~--- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDEO 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 ....____C1C1C1C1C1 REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDEO LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS EMS COLLECTIONS AD VALOREM C::Oc:tc:raClc:lc::lac::lQc:tc:lClc:tCl $ 60,356,678.07 2,547,779.30 116, 789 .09~ acaClcacClClClc:tCClClc:::lo;:::JCJ $ 62,7B7,668.28 .00 76,464.62 3,445.00 C1c::1C1C:Oc:;lc:t""'....C1C1c:t_c:o_ea $ 62,867,577.90 17,075,648.17~ C1ClCJc:tClCIICll'Cl"aCl_C1C1C1Cl1 $ 45,191,929.13 27.16%* $ 2,800,390039 17,123010 16,690.24~ ClICOIClClClClIClClClc:lCtClQQCI $ 2,800,823.85 691,154.46~ c:tClc:rc:rCl___C1C1C1Cl1Cl1C1c::::l $ 2,109,669039 24.68% NOV 1998 C1C1QClI_c:lc::&ClICO_C1_Cl_ 161,843.67 1,812.50 .00 CONSENT AGENDA DATE:_________ ITEM NO.______ MOTOR VEHICLE COC=OClCto;:::JC=ClClClIClClc:oc:tClCl $ 3,722,311.93 12,610003 36,613.50~ ClClCJc:t",,"_=_Cl:IClQClI::I__ $ 3,698,308046 000 .00 .00 c::ICllClCllc::llc:rc:lc:lClCle:lClQClCI $ 3,698,308.46 2,623,941.07~ __"""ClIC1Cl_CllC>Oc::Ic:lClc:::Ic::ICI $ 1,014,361039 70.95%* FISCAL YTD c::ICl:Ic::::lCl___Clc:I___C1... 1,365,816082 16,316063 .00 TOTAL MONEY PROCESSED THRU COLLECTION OFfICE FOR NEW HANOVER COUNTY, CITY Of WILMINGTONR WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE ~ $211,119,156.42. -;J.;1 THIS REPORT IS FOR fISCAL YEAR BEGINNING JULY I, 1998. ~ ~ECTFULLY SUBMITTED, PAT~tc1~"J'. %N~ ~.,CV COLLECTOR O~EJg~~ * COM8INED COLLECTION PERCENTAGE ~ 29.59% CONSENT AGENDA DATE:_________ ITEM NOo______ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 11/30/98 CURRENT TAX YEAR ~ 1998 _~a~__~Q_~_a_~_______~a ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY CDLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES _IlOClc:I__-=-_c:::IC::O REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDED LESS A8ATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING 8ALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY Iv 19980 ~ECTFULLY SUBMITTEDp -YCL\-n <,Iv 9\ ~} '""IO'Y PATRICIA Jo ~NOR COLLECTOR OF REVENUE AD VALOREM MOTOR VEHICLE C2QIlOClC3COe::llc::oc:oc:oaac::ooEII c:Jc:3c::l1C1C1C1c::::11Cll..."",,_Qc:lClc::l $ Ip337v298050 57v751099 23v406066- c:rOClClClClc::lClQCI__cac::lCl $ Iv371v643083 Ip809025 aClQc::lICI""'ClC2C1l1;1c::oaClC::OQ $ Iv373v45300B 428v230079- .c::Ic::::Ic:::aC::O_c::Ic:l_ac::lClc::llc::oClc:::l $ 945p222029 31018%* $ 86v2950 77 478001 871020~ __a """C1_ClI ClCOl_Cl:lClc::::lClCl $ 85v902058 000 c:::IClClC::O....c::IQ""'ac::lc:::lc:::lc::lO_ $ 85v902058 63 v2610 3l~ C1C1c:oac;sc;:oc:::o____c::oClC2C:1 $ 22.641027 73064%* 53p053009 452075 400048~ ClC::OCIIClClClClClaQCI_c:tClCl $ 53vl05036 14p597070- _CI'Clc:lClIClClCll'Cllc::::lCllO_C:OC:O $ 38v507066 27049% rfJ * COM8INED COLLECTION PERCENTAGE - 33068% 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 SENTRY OAKS 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 CommisElioners 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 21ST day of DECEMBER 1998 ,f~ my hand and official seal this the , 1998 cf( / iU day of ~VH~~~O the New Hanover County Board of Commissioners Board Form SR-2 Please Note resolute wp Forward direct~y to the District Engineer, Division of Highways RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 153A-165 WHEREAS, the County of New Hanover, North Carolina desires to lease with an option to purchase property containing improvements consisting of two adjoining and connected office buildings with a street address of 138 North Fourth Street (the "Project") to better serve the citizens of New Hanover; and WHEREAS, the County of New Hanover desires to finance the Project by the use of a lease purchase agreement authorized under North Carolina General Statute 153A-165 and WHEREAS, findings offact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statue 15, Article 8 Section 1515 prior to approval of the proposed contract; NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of New Hanover North Carolina, meeting is regular session on the 21 st day of December, 1998 make the following findings of fact: I The proposed contract is necessary or expedient because it is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants, that the Project will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform, and that entering into the Contract is necessary and expedient for the County by virtue of the findings presented herein, 2. The proposed contract is preferable to a bond issue for the same purpose because the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of accruing the Project, 3 The County hereby determines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking. 4 The County of New Hanover s debt management procedures and polices are good because (i) the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles in preparing its Annual Budget Ordinance; (ii) past audit reports of the County indicate that its debt management and contract obligation payment polices have been carried out in strict compliance with the law and the County has not bcen censured by the North Carolina Local Government Commission (the "LGC"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies. 5 The County does not anticipate future property tax increases solely to pay installment payments falling under the Contract in any fiscal year during the term of the Contract. 6. The County of New Hanover is not in default in any of its debt service obligations. 7 The attorney for the County of New Hanover has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Manager and Finance Officer are hereby authorized to act on behalf ofthe County of New Hanover in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed leased purchase agreement and other actions not inconsistent with this resolution. This resolution is effective upon is adoption this 21st day of December 1998. ",The motion to adopt)his resolution was made b~~ seconded by ~ ~ and passed by a vote of s' to" ATTEST ~'{/_7/~ CI k 1J~Q ~ Chairman STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ) ) ) I, Lucie F Harrell, duly appointed Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, do hereby certify that the foregoing is a true and accurate copy of the resolution which was passed by the Board of Commissioners of the County of New Hanover North Carolina, at its regular meeting held on December 21 1998 to become effective on December 21 1998 and that such resolution has been duly recorded in the minutes of the County WITNESS my hand and the corporate seal of the County of New Hanover North Carolina, this th~/.d day of December 1998 B(JQ~ '<~ ~ / ~~arrell Clerk to the Board of Commissioners of the County of New Hanover North Carolina PROJECT ORDINANCE COUNTY ADMINISTRATION BUILDING BE IT ORDAINED by the Board of Commissioners of New Hanover County 1 New Hanover County(County) is engaged in the Construction of the County Administration Building which capital proj ect involves the construction and/or acquisition of capital assets 2 County desires to authorize and budget for said project in a proj ect 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 County Administration Building Capital Project which project is herewith authorized 3 The revenue that will finance said project is Installment Financing $8.060,000 Total $8,060,000 4 The following appropriations necessary for the project are herewith made from the revenue listed above Capital Project Expense Total $8,060,000 $8.060.000 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 Adopted this c?/A.-t New Hanover ~unty. day of ~ / , 1998 ~d~_ 1:J~ Q. Co.k Clerk to the Board william A Caster, Chairman Board of County Commissioners A RESOLUTION OF THE BOARD OF CO~L\1lSSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, ApPROVING AN INST ALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY TlillREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS. WHEREAS, the County of New Hanover North Carolina (the 'County') is a duly and regularly created, organized and validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the 'State'); WHEREAS the County has the power pursuant to Section 160A 20 of the General Statutes of North Carolina, as amended, to (i) purchase real and personal property (ii) enter into installment financing contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (iii) finance the construction of fixtures or improvements on real property by contracts that create in the fixtures or improvements and in the real property on which such fixtures or improvements are located a security interest to secure repayment of moneys advanced or made available for such construction, WHEREAS the Board of Commissioners of the County (the Bo,1rd') hereby determines that it is in the best interests of the County to receive an advance of funds in an aggregate principal amount of not more than $12,500,000 by entering into an installment financing contract (the 'Contract') with First Union National Bank, a national banking association (the 'Bank') and a deed of trust and security agreement related thereto (the Deed of Trust') to secure the County's obligations under the Contract, in order to provide a portion of the funds necessary for the acquisition of Airlie Gardens, a 66.34 acre tract of land located off Airlie Road in the County (the Project') as more specifically described in Exhibit A to the Contract; WHEREAS, the Project will be owned and operated by the County to serve the needs of the citizens of the County' WHEREAS, the County hereby determines that the acquisition of the Project is essential to the County s proper efficient and economic operation and to the general health and welfare of its inhabitants, that the Project will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform, and that entering into the Contract is necessary and expedient for the County by virtue of the findings presented herein, WHEREAS, the County hereby determines that the estimated cost of the Project is not less than $12,500 000 and that such cost of the Project exceeds the total sum of certain grants the County expects to receive in connection with the Project and the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non voted bonds that could be issued by the County in the current fiscal year pursuant to Article V Section 4 of the Constitution of the State WHEREAS, although the cost of the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Project pursuant to the Contract and the Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing because the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring the Project; PPAB-CHl/322262 1 WHEREAS, the County hereby detennines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the obligation of the County to make Installment Payments under the Contract is a limited obligation of the County payable solely from currently budgeted appropriations of the County and does not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation; WHEREAS,.in order to secure the County's obligations under the Contract, the County will enter into the Deed of Trust with the deed of trust trustee named therein for the benefit of the Bank; WHEREAS, the County does not anticipate future property tax increases solely to pay installment payments falling due under the Contract in any fiscal year during the term of the Contract; WHEREAS, the County reasonably anticipates the sums to fall due under the Contract will not exceed $13,500 000 00 for each of the two fiscal years that the Contract will be in effect; WHEREAS, the County presently intends to refinance the principal component of the installment payments when such principal component falls due; WHEREAS, Parker Poe, Adams & Bernstein L.L.P as special counsel ( 'Special Counsel'), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law and constitute a purpose for which public funds may be expended pursuant to the Constitution and laws of the State; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles in preparing its Annual Budget Ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law and the County has not been censured by the North Carolina Local Government Commission (the LGC'), external auditors or any oilIer regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the Board conducted a public hearing with respect to the Project on December 21 1998 to receive public comments on the Project, the proposed financing, the Contract and the Deed of Trust relating to the Project and the County has filed an application with the LGC for approval of the LGC with respect to the County entering into the Contract; PPAB-ClIl/322262 1 2 WHEREAS, there has been presented to the Board the forms of the Contract and the Deed of Trust (collectively the 'Instruments'), copies of which are attached hereto which the County proposes to approve, enter into and deliver as applicable, to effectuate the proposed financing at a variable rate of interest reset quarterly based on 92 % of the 90 Day LIBOR Rate (as defined in the Contract) and for a maximum principal amount of $12,500,000 as specified in the Instruments, and WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS. Section 1 Ratification of Prior Actions, All actions of the County the County Manager the Finance Officer of the County and the Clerk to the Board and their respective designees in effectuating the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Approval, Authorization and Execution of Contract. The County hereby approves the Project in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its tenns. The County hereby approves the amount advanced by the Bank to the County pursuant to the Contract in an aggregate prinicipal amount of $12,500000 such amount to be repaid by the County to the Bank as provided in the Contract in 8 quarterly installments of principal and interest in arrears at a variable rate of interest rate reset quarterly based on 92 % of the 90 Day LIBOR Rate (as defined in the Contract) The form, terms and content of the Contract are in all respects authorized, approved and confirmed, and the Chairman, the County Manager the Finance Officer of the County and the Clerk to the Board or their respective designees are authorized, empowered and directed to execute and deliver the Contract for and on behalf of the County including necessary counterparts, in substantially the form attached hereto but with such changes, modifications, additions or deletions therein as shall to them seem necessary desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Contract, the Chairman, the County Manager the Finance Officer of the County and the Clerk to the Board or their respective designees are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Contract as executed. Section 3 Approval, Authorization and Execution of Deed of Trust. The form, terms and content of the Deed of Trust are in all respects authorized, approved and confirmed, and the Chairman, the County Manager the Finance Officer of the County and the Clerk to the Board or their respective designees are authorized, empowered and directed to execute and deliver the Deed of Trust for and on behalf of the County including necessary counterparts, in substantially the form attached hereto, but with such changes, modifications, additions or deletions therein as shall to them seem necessary desirable or appropriate their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Deed of Trust, the Chainnan, the County Manager the Finance Officer of the County and the Clerk to the Board or tlleir respective designees are hereby authorized, empowered and directed to do all such acts and tllingS and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed of Trust as executed. PPAn-CHl/322262.1 3 Section 4 Further Actiolls. The County Manager the Chairman of the Board and the Finance Officer of the County are hereby designated as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Instruments, and the County Manager the Chainnan of the Board and the Finance Officer of the County are authorized and directed to proceed with the construction, equipping and furnishing of the Project in accordance with the terms of the Instruments, and to seek opinions on matters of law from the County Attorney which the County Attorney is authorized to furnish on behalf of the County and opinions of law from such other attorneys for all documents contemplated hereby as required by law The Chairman, the County Manager and the Finance Officer of the County are hereby authorized to designate one or more employees of the County to take all actions which the Chairman, the County Manager and the Finance Officer of the County are authorized to perform under this Resolution, and the Chairman, the County Manager the Finance Officer of the County or their designees are in all respects authorized on behalf of the County to supply all information pertaining to the transactions contemplated by the Instruments. The Clerk to the Board, the County Manager the Chairman of the Board and the Finance Officer of the County are authorized to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the Instruments or as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 5 Repealer All motions, orders, resolutions, ordinances and parts thereof in conflict herewith are hereby repealed. Section 6. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 7 Effective Date. This Resolution shall become effective on the date of its adoption. YEAS Chairman William A Caster Vice-Chairman Robert G Greer Co~issioner Buzz Birzenieks Commissioner Ted Davis, Jr Co~issioner Charles R. Howell NAYES None PPAB-Clll/322262 1 4 PASSED ADOPTED AND APPRO VED this 21 st day of December 1998 C01J/';TY OF NEW lIA1'10YER, NORTH CAROLINA D~q~ William A. Caster Chairman, Board of Commissioners Attest: ~,,<,/y/~ k to the Board PPAB-Clll/322262.1 5 STATE OF NORTH CAROLINA ) ) ) COUNTY OF NEW HANOVER I, Lucie F Harrell, duly appointed Clerk to the Board of Commissioners of the County of New Hanover North Carolina, do hereby certify that the foregoing is a true and accurate copy of the resolution which was passed by the Board of Commissioners of the County of New Hanover North Carolina, at its regular meeting held on December 21 1998, to become effective on December 21 1998 and that such resolution has been duly recorded in the minutes of the County WITNESS my hand and the corporate seal of the County of New Hanover North Carolina, this the~ day of December 1998 B~~/~_ Lu e F Harrell Clerk to the Board of Commissioners of the County of New Hanover North Carolina PPAB-CHl/3222fi2 1 6 EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners of the County of New Hanover, North Carolina was duly held on December 21, 1998, at 9:00 a.m. in the Assembly Room, Third Floor, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina with Chairman William A. Caster presiding. Commissioners Present: Chairman William A. Caster Vice-Chairman Robert G Greer Commissioner Buzz Birzenieks Commissioner Ted Davis, Jr Commissioner Charles R. Howell Commissioners Absent: None Commissioners Abstaining: None * * * * * * * * A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MA TIERS. Commissioner Buzz Birzenieks moved that the following resolution be adopted, seconded by Vice-Chairman Robert G. Greer A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MA TERS. The motion was adopted by the following vote: Ayes: Chairman William A. Caster Vice-Chairman Robert G. Greer Commissioner Birzenieks Commissioner Ted Davis, Jr. Commissioner Charles R. Howell Nays: None ******* STATE OF NORTH CAROLINA ) COUNTY OF NEW HANOVER ) I, Lucie F Harrell, duly appointed Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, do hereby certify that the foregoing is a full, true and accurate extract from the minutes ofthe Board of Commissioners of the County of New Hanover, North Carolina, from its Regular Meeting held on December 21, 1998, relating to the resolution approving an installment financing contract and the matters addressed therein. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the.,q,4,t day of December, 1998. BY~ >(;/ ~ Luc F Harrell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina 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 Countv Courthouse, 24 North Third Street, Room 301 Wilmington, North Carolina, at 9: 00 AL.M. on December 21, 1998. Present: Chairman William A. Caster; Vice-Chairman Robert G Greer; Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr ; Commissioner Charles R Howell Absent: None Also present: r.ol1nty Hi'mager, Allen O'Neal: County Attorney Wanda M. Copley; and Clerk to the Board, Lucie F Harrell * * * Commissioner Birzenieks read by title: introduced the following resolution, which was "RESOLUTION RELATING TO REVENUE BOND ISSUE FOR NEW HANOVER REGIONAL MEDICAL CENTER" WHEREAS, the Board of Trustees of New Hanover Regional Medical Center has requested the County to preliminarily approve issuance by the County of not in excess of $130,000,000 principal amount of revenue bonds to repay a loan incurred to acquire the assets of Columbia Cape Fear Memorial Hospital and to finance approximately $18,700,000 in improvements to the facilities it operates; and WHEREAS, the Board of County Commissioners, recognizing that it will later consider adoption of a resolution actually providing for issuance of those revenue bonds, wants to indicate its preliminary approval of the revenue bond financing; C-556935vOli .13704 00013 NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners approves the revenue bond financing described above, subject to adoption of a resolution providing for issuance of the bonds. The motion having been duly seconded, and the resolution having been considered, it was adopted by the following vote: A YES 5 NAYS 0 C-556935vOll .13704.00013 I STATE OF NORTH CAROLINA ) 88.: COUNTY OF NEW HANOVER ) I, LUCIE F HARRELL, Clerk to the Board of Commissioners of the County of New Hanover, DO HEREBY CERTIFY as follows: A meeting of the Board of Commissioners of the County of New Hanover, located in the State of North Carolina, was duly held December 21, 1998, such meeting having been noticed, held and conducted in accordance with all requirements of law (including open meetings requirements), and minutes of that meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose ofrecording the minutes of the Board. 2. I have compared the attached extract with the minutes so recorded and the extract is a true copy of those 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 December ~/ , 1998. ~y //~ Cle to the Board of Commissione~ C+S56935v01! 13704 00013