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1997-11-03 RM Exhibit RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, a bid was received and publicly opened bv the Finance Department at 3'00 p.m., on the 14th day of October, 1997 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for the purchase of six (6) 1998 motorcvcles and the sale as trade-in of five (5) 1996 Harlev Davidson Motorcycles for the Sheriff's Department, Bid # 98-0152: Carolina Coast Harley Davidson Six (6) 1998 Motorcvcles $72,000.00 $60,000.00 $12,000.00 Less Trade-in of fi ve 1996 Motorcycles Net Price AND WHEREAS, the Sheriff, the Finance Director, and the County Manager recommend that the five (5) 1996 motorcvcles be disposed of by means of trade-in on the purchase of six (6) 1998 motorcvcles; AND WHEREAS, the Sheriff, the Finance Director and the County Manager recommend that the contract be awarded to Carolina Coast Harlev Davidson of Wilmington, North Carolina, the only responsible bidder, in a net amount of Twelve Thousand Dollars ($12,000 (0); AND WHEREAS, funds have been preyiously appropriated and are now in Account No. 110-431-4311 3000-6450 and 348-431-8000-7300-6450 to cover this contract; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for six (6) 1998 motorcycles for the Sheriff's Department, Bid # 98-0152 be awarded to Carolina Coast Harlev Davidson in a net amount of Twelve Thousand Dollars ($12,000 00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney This 3rd day of November, 1997 1/uM- Chairman, Board of County Commissioners ATTEST ~.-,d~~_ ~the Board , .. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing An Unnamed Alley (Villa View Subdivision) ORDER It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close an unnamed alley located 125 feet east of Pavilion Place, south side of Eastwood Road was adopted bv the County Commissioners on the 6th day of October 1997 and it further appearing that said resolution called for a hearing to be held on the 3rd day of November 1997 at which time the County Commissioners would hear complaints and comments of interested persons, and it further appearing that notice of said hearing was published in the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of New Hanovcr County and after condljcting such hearing the County Commissioners are of the opinion that the unnamed alley in the County of New Hanover should be closed and are satisfied that the closing of same is not contrary to the public interest, and that no individual owning property in the vicinity of.the roads will be deprived of reasonable means of ingress and egress to his property by such closing, the legal description of said road being as follows: Beginning at the northeast corner of lot 5 Villa View Subdivision as recorded in Book 52, page 563 of the New Hanover Countv Registrv and commencingfrom said pointlOOfeet south to the southeast corner of lot 4 Villa Vista Subdivision, thence IOfeet east to the southwestern corner of lot 9 Villa View Subdivision, thence jrom said point IOU feet north to the northwestern corner of lot 10 Villa View Subdivision, thence }i-om said point 10 feet west to the point of be~inning. NOW THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is hereby closed. It is further ORDERED that a copy of this order be filed in the Oftlce of the Register of Deeds of New Hanover County North Carolina. Adopted this the 3rd day of November, 1997 1JI6~ Robert G. Greer, Chairman ." ." C erk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publiclv opened by the Finance Department at 3.00 p.m., on the 21 st dav of October, 1997 at the County Administriltion Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for bodv amlOr for the Sheriff s Department, Bid # 98-0151 Body Armor Vests Body Armor Vests Threat Level I1A Threat Level II American Uniform Sales,lnc. $23,520 00 $26,145.00 Command Uniforms $27,508.95 $29,293.95 Arrington Police Distributor, Inc. $29,309 70 $33,989.55 Arrington Policc Distributor, Inc. $25 "00.30 $29,524.95 (this product did not provided full.'lide protection) CenturY Uniforms $29,925 00 $31,500.00 AND WHEREAS, bids were received for both threa.t level llA and threat level II body annar to dctermine if there would be adequatc funds to purchase the higher rated vcst and thc bids reccivcd wcrc within the amount budgeted for purchase and the Sheriff therefore is requesting award based on the threat levclll vest, AND WHEREAS, the SherifT, the Finance Director and the County Manager recommend that the contract for threat levcl II body armor be awarded to American Uniform Sales, Inc. of Fayetteville, North Carolina, the lowest responsible bidder, in the amount of Twentv-six Thousand One Hundred Forty-five Dollars ($26,145 00); AND WHEREAS, funds havc been previouslv appropriatcd and arc now in Account No. 110-431-43] 1-4400 to cover this contract. NOW THEREFORE, BE IT RESOLVED bv the Board of County Commissioners of New Hanover County that the contract for thrcat levelll body armor for the Sheriffs Department, Bid # 98-0151 be awarded to American Uniform Salcs, Inc. in the amount of Twcnty-six Thousand One Hundred Forty-five Dollars ($26,145.00); and that the County is hcreby authorized and directed to cxecute the contract, contract form to bc approved by the County Attorncy This 3rd day of Novcmber, 1997 (SEAL) /2i6~ Chairman, Board of County Commissioners ATTEST ~~ '</ /~A~ CI . to the Board ., INTRODUCED BY Allen O'Neal, County Manager DATE. November 3 1997 RESOLUTION AUTHORIZING CONVEYANCE OF TWO (2) LOTS TO WILMINGTON HOUSING FINANCE AND DEVELOPMENT (WHFD) RESOLVED' 1 The New Hanover County Commission hereby approves the conveyance of the following lots to Wilmington Housing Finance and Development (WHFD) for the construction of single family owner- occupied residences. Parcel Number 049-13-003-007000 054-13-024-011000 Address , 3301 Princess Plaoe Drive 705 Kidder Strcet Size 61 x 82 32 x 99 Market Value $5,000.00 $2,500 00 Tax Value $1541700 $ 6,907 00 2. The conveyance shall be subject to the condition that the lots be used to construct single family owner occupied residences for low to moderate income citizens in accordance with requirements adopted by resolution on April 19 1994 . 3 The deed for conveyance for the lots shall not be delivered until ten days after notice of the conveyance has been advertised, as required by G.S 160A-267 4 Conveyance is subject to approval by the Wilmington City Council for their ownership share in the property . at a regular meeting 1912- Attest: +y//~ Clerk to the Board . b 1 13 -- I "'" z g I- Z ... I- )C ... l- ll> :l: .... w ;:: a: :;: .... 16 " '" ,... 9 :: 6 7 6 ~ ..., ~ 4 . ... 'lJtST F't:MT(COITJIL .......... """'" .. !i' f3 4fJJ1 ~ 1~~c.t.l ~. PRINCESS PLACE, , 9"~~ ,. . 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CITY OF WILMINGTON AND NEW HANOVER COUNTY NOTICE OF CONVEY Al"lCE OF PROPERTY BY PRIVATE SALE Please take notice that the Wilmington City Council adopted a resolution dated October 21, 1997 and the Board of Commissioners of New Hanover County adopted a resolution on November 3 1997 authorizing the conveyance by private sale to Wilmington Housing Finance and Development, Inc. (WHFD), a non-profit corporation, for the following described properties: 1. 330 I Princess Place Drive Parcel Number' R0049-13-003-007.000 2. 705 Kidder Street Parcel Number' R0054-13-024-011 000 This property will be conveyed to the Wilmington Housing Finance and Development, Inc. (WHFD) without monetary consideration to be used in a program with the purpose of constructing a single family residence for lower and moderate income persons or families. This conveyance is made pursuant to the authority of G.S. 160A-279 for the public purpose of providing lower and moderate income housing. The convevance shall not be consummated until ten (10) days after the publication of this notice. A. Penelope Spicer Sidbury City Clerk City of Wilmington Lucie Harrell, County Clerk New Hanover County Advertised: November 19 1997 ~~~~~~D' \ ~~~ \ 1 \qql . ~~'rc.\\ co. ;~~i CO\I.w,\~\O~t.'\\l ,., , ~-=-- NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, all children need love, support, security, and a place to call home; WHEREAS, in the County of New Hanover, 458 children live away from their familIes in substitute care; WHEREAS, many of these children camlot return to their birth fanlilies and need the seeurity and nurturing that a pernlanent family can provide; WHEREAS, adoption is the plan for permaneney for 113 of these ehildren, 'VHEREAS, nearly all of these children have speeial needs beeause of phvsieal or mental or emotional disabilities, beeause they must be placed as a sibling group, beeause they are minorities, or beeause thev are older; , WHEREAS, between Julv I 1996 and June 30 1997 thirty-eight New Hanover County ehildren with special needs were placed into adoptive fanlilies; WHEREAS, there are families able and willing to adopt ehildren with special needs; and WHEREAS, ehildren waiting for adoptive parents, and families who have adopted these children require and deserve community and publie ageney support; NOW, THEREFORE, the New Hanover County Board of Commissioners, does hereby proelaim November 1997 as "ADOPTION AWARENESS MONTH IN NEW HANOVER COUNTY" In honor of this event, we eneo\lrage citizens, community ageneies, religious organizations, businesses, and others to celebrate adoption, honor the families that grow through adoption, and foeus attention on those ehildren who 'live with the burden of an uneertain future while they await permanent families, ~L Robert G Greer Chaimlan ~, I \ , AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1. That the Subdivision Regulations of the County of New Hanover adopted October 6, 1969 as amended be and the same is hereby further amended as follows: Revise Section 41 as follows: Section 41 Specific: Requirements 41-1 (5) Easements - Utilitv and other easements shull he provided as follows (a) The minimum required drainage easement widthlor an open drainage wav will be the width across the top of the bank of the drainage way injive (5) foot increments with an additional ten (10) foot maintenance area on one side of the open drainage way The easement, including the maintenance area, will be uniform in width as set by the maximum depth and flattest side slope for that section and subject to approval by the COZllltv Engineer Shallow swede easements along the perimeter of lots may be less than thirtv (30) feet in width provided thev are approved by the Countv Engineer (9/5/95)(11/3/97) The minimum required drainage easement width for closed (piped) drainage wen will be two (2) times the depth of the pipe or conduit injive (5) foot increments with an additional ten (1 0) foot maintenance area on one side of the drainage way The easement, including the maintenance area, will be uniform in width as set by a maximum depth of the invert for that section and subject to approval bv the County Engineer (11/3/97) Section 2. Any ordinance or part of any ordinance in contlict with this ordinance, to the extent of such contlict is hereby repealed. Section 3 This ordinance is adopted in the interest of public health, safety morals, and general welfare of the inhabitants of the County of New Hanover North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 3rd day of November 1997 Attest: ~ ~'<~ erk to the Board 1l~ Robert G Greer CHairman Lh...01\ I.....\JL.. q 226 9 o 9 9 8 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing An Unnamed Alley (Villa View Subdivision) ORDE~ NOV 19 ArJ 9 RECORDED &. VERIFI MARY SUE OOTS 000041. REGISTER OF DEED It appearing to the Board of County Commissioners of New Hanover Counl}l[hfltl-\lANOVER CO I Resolution of Intent to close an unnamed alley located 125 feet east of Pavilion Place, south side of Eastwood Road was adopted by the COU!1ty Commissioners on the 6th day of October, 1997 and it further appearing that said resolutioIl called for a hearing to be held on the 3rd day of November, 1997, at which time the County Commissioners would hear complaints and comments of interested persons, and it further appearing that notice of said hearing was published in the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the County Commissioners are of the opinion that the unnamed alley in the County of New Hanover should be closed and are satisfied that the closing of same is not contrary to the public interest, and that no individual owning property in the vicinity of the roads will be deprived of reasonable means of ingress and egress to his property by such closing, the legal description of said road being as follows: Beginning at the northeast corner of lot 5 Villa View Subdivision as recorded in Book 52, page 563 of the New Hanover County Registry and commencingfrom saidpoint IOOfeet south to the southeast corner of lot 4 Villa Vista Subdivision, thence I 0 feet east to the southwestern corner of lot 9 Villa View Subdivision, thence from said point I 00 feet north to the northwestern corner of lot IO Villa View Subdivision, thence from said point I 0 feet west to the point of beginning. NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is hereby closed. It is further ORDERED that a copy of this order be filed in the Office of the Register of Deeds of New Hanover County, North Carolina. Adopted this the 3rd day of November, 1997 1lI6~ Robert G. Greer, Chairman ~ \ ;(' YJL-'L- erk to the Board RETURNED TO " 5 1::H.,,;. c)'/.<J .D ""n~I1"'r(; ~\1~\~\J\'" . ~~~ 1 \ \991 ~O\!-R CO. \,\"0)! \\'\~'l'l\\~\O~t.I\S aD. Or co... z o t-'l ~ ~ "TI!'"?~FD;r- ::c.tI :::t->>r-"C') ~ ~ :czzzoc: _ ~ s~g~~C;; n.~ :xmmm.....QoI m C" ~~:::E,... -4 ::1_ <CI)cncnmo :-rc -:::3:3:o~ en!!: F---::Ez ~::: rnnoo?t;m -'lC ::E~~~O'" 'C rn~~PJm~ b -4c..c-c.....~'"U ~ ZlXlg:Il;D ~ CD <>~~~ ~ = :E:E:E :t' o t-'l q ~ t-< ~ " . .~ ~L1' . ~ ~ ~ a g ~P.' irgf ~- . ~" " < g", ~~ ,0 " q'q " '" cO q ;<J <: t>I K -c c ~ :>:l ~ 0 0 (Il ~ - < "02 ~' vr - (Il ~::E 0 .. - =O:I: =l: In :E .. i'j' lil":r5 .Q (Il ~ .- _. < " 0 (Il .!' g::J"., -<2:g Iii " ~ln! ~f~ a 3 -. .. " "0 I/O THIS M.~.P IS NOT /" fihr:~:::l) r'" ,"'1'""'/ Ai",jD t1() RE: ItIN0~ ~'~J~Y CL: }:;::"hcr~~) CJ ITS CCtjI1t,: ( COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT 32 Slip Community Boating Facility The County Commissioners for New Hanover County having held a public hearing on November 3 1997 to consider application number S-417, submitted by Saponos Pointe Homeowners Association, a request for a special use permit to use the property located at Saponos Pointe Subdivision and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS I The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfY the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safetv iflocated where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT A The facility does not need sewer service. Water service can be provided. B Vehicular access is available via an adjoining tract having frontage along River Road. C The site is located in the Federal Point VFD District. 3 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfY the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT A. Community boating facilities are permitted by special use permit in the R-15 Residential District. The site is zoned R IS Residential. B The total number of boat slips does not exceed the total number ofresidentiallots to be served. C. An unknown quantity of off-street parking designated for visitors is provided on adjacent high ground. The ordinance requires one off-street space per slip, however, the County has approved many similarly situated facilities with parking provided at individual lots within the adjacent subdivision. The purpose of that variation is to promote water quality by limiting impervious coverage. D Each lot owner in the adjacent subdivision (Saponos Pointe) will have access to the facility E. No commercial activities are permitted and none are proposed. F Except for pier construction across marsh grass for pedestrian access to the docking facility land disturbance is expected t9 minimal. Some dredging is needed and will be confined to a short entrance channel around the docking area. 4 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfY the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity In support of this conclusion, the Commissioners make the following FINDINGS OF FACT A. In similar situations, the construction of piers, docks and boating facilities to serve adjacent residential uses has preserved or increased property values. 5 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformitv with the plan of development for New Hanover County In support of this conclusion, the Commissioners make the following FINDINGS OF FACT A. Piers, docks, commumty boating facilities and related uses are commonplace along the county's riverine and estuarine shorelines. B. Similar facilities, though varying in scope and scale, have been constructed to serve nearby subdivisions. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other. I All other applicable federal, state and local laws. 2. No more than IS parking spaces be permitted in the planned visitor lot. 3 Outside lighting in the parking lot area be limited to directional lighting to minimize impacts on the adjoining lots in Eastbank Landing. 4 Install a heavy chain with a lock across the driveway to the parking area to control access. The chain should be connected to two (2) six (6) inch posts on either side of the drive. Ordered this 3rd day of November , 1997 Attest: J?LI~ Robert G. Greer, Chairman ~ Cle k to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1. That the Subdivision Regulations of the County of New Hanover adopted October 6, 1969 as amended be and the same is hereby further amended as follows: Revise Section 41 as follows: Section 41 Specific Requirements 41-1 (5) Easements Utility and other easements shall be provided as follows. (a) The minimum required drainage easement width for an open drainage way will be the width across the top of the bank.of the drainage way in jive (5) foot increments with an additional ten (10) foot maintenance area on one side of the open drainage way The easement. including the maintenance area, will be uniform in width as set by the maximum depth andjlattest side slope for that section and subject to approval bv the County Engineer Shallow swale easements along the perimeter of lots may be less than thirty (30) feet in width provided they are approved by the County Engineer (9/5/95)(11/3/97) The minimum required drainage easement width for closed (piped) drainage way will be two (2) times the depth of the pipe or conduit in five (5) foot increments with an additional ten (10) foot maintenance area on one side of the drainage way The easement, including the maintenance area, will be uniform in width as set bv a maximum depth of the invert for that section and subject to approval bv the County Engineer (11/3/97) Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict is herebv repealed. Section 3 This ordinance is adopted in the interest of public health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 3rd day of November, 1997 q;,<~ erk to the Board 1?~ Robert G Greer, CHairman AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 6,1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I The Zoning Map of Zoning Area No.5 is hereby amended by removing the hereinafter described tracts from the R-15 Residential Zoning District Classification and placing them in the B-2 Highway Business Zoning District Classification, said land being described as follows: Tract 1 Beginning at an iron pipe in a ditch in the southeastern right-of-way line of us Highway 17 (50.0fietfrom its centerline) also known as Market Street Road; said pipe being located South 44 degrees 00 mil1. East 50.0 feet from a point in the centerline of said Market Street Road, said point in the centerline of said Market Street Road being located South 46 degrees 00 mil1. West 9 3 feet from the centerline of a culvert crossing said road, said culvert being located 1 2 miles northeastwardly from SR.. #1403 in Ogden Place, running thence from said beginning point, South 46 degrees 00 minutes West 101 0 feet to an iron pipe, running thence at right angles, South 44 degrees 00 minutes East 132.0 feet to another iron pipe, running thence parallel to said Market Street Road, North 46 degrees 00 minutes East 128. 45 feet to an iron pipe in the aforementioned ditch; running thence up said ditch, North 35 degrees 29 minutes West 74.36feet and North 77 degrees 19 minutes West 70 02feet to the point of beginning; containing 35 acres, more of less, and being the same property conveyed to Charles Leonard and his James Charles Leonard as joint tenants with right of survivorship bv deed recorded in Book 1407 page 0985 of the New Hanover County Registrv Tract 2 Beginning at an old axle in the eastern right-of-way of us Highwav 17 running from Wilmington. NC to New Bern. N C. said old axle being North 46 degrees East 1600 feet from a crosstie marking the northern right-of-way of a 25 foot siding known as the Old Sand Plant siding; said railroad siding being 4919 7 feet to the point of intersection of the Middle Sound Road and Highway 17 thence from said beginning point South 43 degrees 15 minutes East 105 feet; thence South 46 degrees West 163 fiet to a point in the line of Amanda Brown heirs; thence with said line North 43 degrees 15 minutes West 105 feet to the eastern right- of-way of us Highway 17 thence with said eastern right-of-way North -16 degrees East 163 fiet to the point of beginning; said tract being a part of the W H 41exander lands and being the same property conveved by W H Alexander and wife Daisey L. Alexander to Arwell C. Walker and Elijah W Walker by deed dated February 11 1953 and recorded in the Registrv of New Hanover County N C. in Book 513 at page 118. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area No.5 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4 This ordinance is adopted in the interest of public health, safety morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 3rd day of November, 1997 1?~ Robert G. Greer, Chairman Attest: ~., ~/ ;Y~ erk to the Board , APPLICATION FOR OMS \pprc\'ll No. O:::4fi-;..O{3 '--.---..-- - FEDERAL ASSISTANCE 2. DATE SU9M"1fcD 10, 1997 Appliearu kientifier 291-00-V ov , -___'M_' _J 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Appiication lCentlrlef I AjlplM:alion Preapp6caIion Aug 26, 1997 HMNC-1134-014 o ConsOUClion o Construction 4. DATE RECENEO BY FEDERAl. N:;EN::t Fedefalldenlifler ! l(l Nct>Consll\lClion o Non-ConstnJClion , ._-~ 5. APPUCAHT INFORMATION . I OrQanizalion.al Unit: . .- l.og~ Nam<: New Hanover County i Address p cif'y. ClI:Il.oWII'y. .ta.. lI/'fd.q, ~J: Name and tolephone numbel' 01 person to !:Ie COI'1taCl~ ~n rr..att~ invol\~r'Q .1 New Hanover County Department of appIicalicn (;No O'I:NI 0I:IId.) ! Emergency : Dan E Summers , Management. 20 North Fourth St (910) 341-4300 I Wilimington. NC 28402 , 5. EMPLOYER IDENTIFICATION NUMBER fElN): 7. ITPI:. OF APPUCAN'T: (enlet ~propllOlI' J6aUt In :::ox) [i] I [iliJ- 16 10 I 0 It I 3 I 6 14 1 I A.Stale H. Independent School Ci~t I I B. County l. State ConltOlled Insttution of Higher Leaminq I 8. TYPE OF APPUCATION: C. Municipal J. Private University D. Township K. Indian Tribe l(J New o Continuaacn o Revision E.lr'llel'1la1e L. Indi'o'idual I F IrUetmunic:ipa! M. Profit Organization 0 0 G. SP<Cial 0i$1rict N. Olhe< (Spedfy) . If Re.,;sion. enter appropriate Ieaer{s) in box(es) A.lnaease Award B. Oecroase Award C. Incroase Duration O. eoaease Duration 0_ (spodJyJ. g. NAME OF FEDERAL AGENCY: Federal Emergency Management Agency 10. CATALOG OF FEOERAL OOMESTlC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITL.E OF APPUCANrS PROJECT: CD - OTI! Hazard Mitigation Planning for New Hanov TITLE: County and Wilmington, NC 12. AREAS AFFECTED BY PROJECT {ONs, Counruu. Sutes. ftC.}: i New Hanover County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: (District //7) StarlOaxe I Ending Dale a. Applicatlt b. Project 15. ESTlMATED FUNDING: 16. ts APPUCAilOH SUBJE.CT 10 RS.V1EW BY STATE EXECU'nVE ORDER a.Fadn S .00 12372 PROCESS? 200,00 a. YEs. THIS PREAPPUCATIONIAPPUCATION WAS MAllE AVAILABLE b.A$)Plicant s .00 TO THE STATE EXEClITlVE ORDER '2372 PROCESS FOR 162,400 REVIEW ON: c.SWe S .00 DATE a.LocaI S .00 b. NO. D PROGRAM IS NOT COVERED BY E.O. 12372 .. OUlor S .00 D OR PROGRAM HAS NOT BEEN SELEC"TEl BY STATE FOR REVIEW I. Program....... S .00 17. IS THE APPUCANT OEUNQUENT 011 />NY FEDERAl 0EBT7 g. TOTAl S .00 D Y.. tt -VG'S, Glt2Ch an caxpbwaion. DNa 362,400 1.. TO THE BEST OF MY KNOWLEDGE AHD BEUEF AU DATA IN THIS APPUCATIOHIPREAPPUCATlON ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNIN<:i BODY OF THE APPUCAHT AND THE APPUCAN'T WILL. COMPLY WITH THE An-ACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. L Typo Namo 01 AuU"lorized ReprosonWl... lb. TiUo c. ToMtphono NLmber Allen O'Neal County Manager 910- 341-7184 cl. 5ignann 01 Authorized Ropnuenwiw o. 0.10 Signod r P..mow EdIOon Uu.blo A"U*Ur:d lOt L.ocaI AeproducUon ~ Fcnn~(REV.4-D2) PrncriIled -, OMS Clrculat A.102 ., DESIGNATIClN OF APPLICANrS AGENT Appendix F R ESO LUTION Board of BE IT RESOLVED BY County Commissioners (Governing Body) OF New Hanover County (Public Entity) THAT.~ Allen O'Neal . (Name of Incumbent) County Manager (Official Position) OR , Governor's Authorized Representative, . (Name of Incumbent) is hereby authorized to execute for and in behal! of , a public entity established under the laws of the State of NC this application and to file it in the appropriata Stata office tOr the purpose of obtaining certain Federal [mandal assistance under the Disastar Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disastar Relief Fund. New Hanover County THAT New Hanover County ,a public entity established under the laws of the Stata of North Carohna , hereby authorizes its agent to provide to the Stata and to the Federal Emergency Management Agency (FEMA) for ail matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 17th day of Novembpr Robert G Greer (Name and Title) , 19 ....9.L. CERTIFICA TION ~ Lucie Fo Harrell , duly appointed and (;lprk (Title) of New Hanover County Board of Commissioners , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board (Gouerning Body) of Countv Commissionpr~ (Public Entity) on the 17th day of TJnut:>m'ht:>1"" 19.....9...L Data: 4 If / f9 1 , . &Ai A ~ Cf!:-w/ ~~ (Official Position) (Signature) Vame of incumbent need not be provided in those cc.st.l where the governing body of the public entity desires to aut,loriu ony incumbent of the de3ignated official position to represent it. FEMA Farm 90-6:1. MAR 81 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING THE INSTAllMENT FINANCING OF THE CONSTRUCTION OF CERTAIN SEWER INTERCEPTORS THE ACQUISITION OF CERTAIN RIGHTS IN PROPERTY FOR USE BY COUNTY lAW ENFORCEMENT THE ACQUISITION OF CERTAIN lANOFlll EQUIPMENT THE ACQUISITION OF lAND AND A BUILDING FOR USE AS A LIBRARY AND THE INSTAllMENT REFINANCING OF THE PURCHASE OF COUNTY lAND AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH UNDERTAKINGS WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover North Carolina (the "County"), desires to provide funds for (i) the financing of the construction of certain sewer interceptors, (ii) the acquisition of rights in property for use by County law enforcement, (iii) the acquisition of certain landfill equipment, and (iv) the acquisition of land and a building for use as a library (collectively the "Project") and for the refin-ancing of the purchase of County land (the 'County land"), and WHEREAS, the Board proposes to finance the Project and refinance the County land through an installment financing contract (the Installment Financing Contract") with New Hanover County Financing Corporation, Wilmington, North Carolina ('the Corporation) obligating the County to repay in installments the amount financed at a fixed annual interest rate, and WHEREAS pursuant to Section 160A-20 of the General Statutes of North Carolina, the County is authorized to finance the Project and refinance the County Land by entering into an installment financing contract and a deed of trust which create in the Project and the sites, if applicable on which they are located and in the County Land a security interest granted to secure payment of the obligation thereby created, and WHEREAS subject to the prior approval of the Local Government Commission of North Carolina (the "LGC ) pursuant to Section 159-148 of the General Statutes of North Carolina, the County intends to finance the Project and refinance the County Land pursuant to Section 160A 20 by executing and delivering to the Corporation or other financing entity an installment financing contract providing for such financing and refinancing, and WHEREAS, the County intends to apply for municipal bond insurance to guarantee payments by the County under the Installment Financing Contract; and II UNDERTAKINGS NECESSARY WHEREAS the County staff has advised the Board, and the Board hereby finds and determines, that the County must acquire construct and equip the Project in order to maintain and enhance the County's ability to perform its public functions, and that the Project will benefit the County and its residents, and WHEREAS, the Board conducted a public hearing on the date hereof to receive public comment on the deSirability of installment financing for the Project and 2 . refinancing for the County Land, and the Board received evidence supporting the need for such financing and refinancing, and WHEREAS the Board finds and determines that the undertakings are necessary and expedient for the aforesaid reasons and that the Project be financed and the County Land be refinanced under the terms, conditions and parameters to be further determined with more particularity at a later date and III FUNDS NOT EXCESSIVE WHEREAS the sums to fall due under the Installment Financing Contract can be included in the County's budget without difficulty and WHEREAS,the above factors lead to the conclusion that the payments under the Installment Financing Contract are not excessive for the stated purposes of such financing and refinancing, and IV TRANSACTION A PUBLIC PURPOSE WHEREAS, the County Attorney has advised the County that the refinancing of the County Land is authorized by law and that each constituent part of the Project is authorized by law and each is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina, and V INSTALLMENT PURCHASE FINANCING DESIRABLE WHEREAS the Board finds. and determines that short term or pay-as-you-go financing for the Project and avoidance of the refinancing would place " 3 strains on the County's ability to fund general operations and education without a significant tax increase, and WHEREAS use of the County's unobligated fund balance to finance the Project would reduce the fund below the guideline established by the LGC and would not be in the County s best interest; and WHEREAS the Board finds and determines that refinancing the County Land enhances the County's financial position, and WHEREAS, the use of non-voted debt would not provide sufficient funds to complete the Project in a timely manner; and WHEREAS, although the cost of financing under the proposed Installment Financing Contract may be greater than the cost of general obligation bond financing installment contract financing would be preferable to general obligation bond financing because a general obligation bond authorization probably could not be perfected in a timely manner and would not permit the financing structures and repayment provisions available in the proposed negotiated installment contract financing and refinancing and WHEREAS the proposed cost of financing is too great an amount to be funded by current appropriations, and WHEREAS the Board finds and determines that installment contract financing is therefore the most viable and efficient alternative and that the cost of such financing and refinancing is reasonable, and 4 VI COMPLIANCE WITH DEBT MANAGEMENT CONTROLS WHEREAS past audit reports of the County indicate that its debt management and contract obligations payment policies have been carried out in strict compliance with the law and the County has not been censured by the lGC, external auditors, or any other regulatory agencies in connection with such management; and VII. ESTIMATED TAX INCREASE WHEREAS the Board estimates that the County's ad valorem tax rate will not be significantly increased in order to sustain the proposed financing, and VIII NO DEFAULT WHEREAS, the County is not in default in meeting any of its debt service or contract obligations, and IX. APPLICATION WHEREAS, it is the Board s intention to adopt this Resolution for the purpose of authorizing the acquisition construction and equipping of the Project, refinancing the County land, making certain findings and determinations, approving the submission of an application for approval of the Installment Financing Contract to the lGC and authorizing such other acts deemed necessary and advisable to carry out the financing and refinancing 5 I \ NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as follows Section 1. The Chairman of the Board, the County Manager the Finance Director and the Clerk to the Board are hereby authorized and directed on behalf of the County to proceed with the preparation of an Installment Financing Contract providing for the financing of the Project and the refinancing of the County Land in an approximate amount of $25 000,000 (including reserves and costs of issuance) and otherwise proceed with the plan of financing and refinancing described at this meeting Section 2. The Chairman of the Board, the County Manager the Finance Director and the Clerk to the Board are hereby authorized and directed to submit an application for the LGC s approval of the Installment Financing Contract pursuant to Section 160A-20 and Section 159-148 of the General Statutes of North Carolina, and to execute a sworn statement of debt of the County pursuant to Section 159-150 of the General Statutes of North Carolina, in connection therewith Section 3. The County staff is hereby authorized to apply for municipal bond insurance with respect to the Installment Financing Contract. Section 4. This Resolution shall become effective immediately upon its adoption and shall supersede any and all previous resolutions regarding the acquisition construction and renovation of the Project and the refinancing of the County Land on an installment financing basis Dated this the 3rd day of November 1997 6 NEW HANOVER COUNTY ATTEST ~V~ CI rk to the Board 1lJ-i!JL Robert G Greer Chairman Board of County Commissioners 7