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1996-07-22 RM Exhibits . .~.- RESOLUTION APPROVING PURCHASE OF WATER SYSTEMS OF CAPE FEAR UTILITIES, INC. AND QUALITY WATER SUPPLIES, INC. 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 9,700 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 is expected to be in excess of $22 million as of July 1, 1996; and WHEREAS, the County has agreed to offer to purchase the systems from Cape Fear for the sum of $22 million. The terms of the proposed offer would include a cash payment of $22 million that would be funded through the County's utilization of Certificates of Participation, hereinafter referred to as COPs. Cape Fear will not be required to accept subordinated notes. The County will be required to purchase the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. from the trustees of one or more charitable remainder trusts to be established by G. William Dobo and Robert R. Dobo. At the expiration of the charitable remainder trusts on the lives of the Dobos and their spouses, each trust shall return to the County as a charitable entity thereunder an amount equal to 47% of the remaining corpus of the trusts, such sum being approximately $5 million from each trust. The remaining corpus of the charitable remainder trust shall be paid to other charitable organizations, including UNC Memorial Hospital, UNC- Wilmington, Salvation Army, N.C. Zoo at Asheboro and the Aquarium at Fort Fisher. No part of the corpus of the charitable remainder trusts shall inure to the benefit of any private person or organization; and WHEREAS, any value of the systems beyond the sum of $22 million shall be donated to the County. Furthermore, the system at Shearin Hills Subdivision will be donated to the County with an additional approved well site; and WHEREAS, the Board of County Commissioners has determined that it is appropriate to authorize the purchase of the Cape Fear systems subject to certain terms and conditions and to submit a formal offer to remain open for a period of one hundred (100) days from the date of the written offer to Cape Fear or its successors; and WHEREAS, the County is authorized to acquire, improve, maintain, own and operate public water systems within the unincorporated area of New Hanover County. ~ NOW, THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS THAT: ','- ,. ~l .... 1. The County Commissioners hereby approve the purchase of the water systems of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. for the stated purchase price of $22 million subject to the following terms and conditions: a. The County shall be able to obtain financing of $22 million through COPs. b. Cape Fear or its successor shall not be required to finance any of the purchase pnce. c. Cape Fear or its successor shall donate to the County any portion of the system added after July 1, 1996. d. Cape Fear or its successor shall donate to the County the Shearin Hills Subdivision system and one additional well site. e. The County will be required to purchase the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. from the trustees of one or more charitable remainder trusts to be established by G. William Dobo and Robert R. Dobo. f. The Seller of the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. shall be the trustees of charitable remainder trusts established by G. William Dobo and Robert R. Dobo. At the expiration ofthe charitable remainder trusts on the lives of the Dobos and their spouses, each trust shall return to the County as a charitable entity thereunder an amount equal to 47% of the remaining corpus of the trusts, such sum being approximately $5 million from each trust. The remaining corpus of the charitable remainder trust shall be paid to other charitable organizations, including UNC Memorial Hospital, UNC- Wilmington, Salvation Army (Wilmington Branch use only), N.C. Zoo at Asheboro and the Aquarium at Fort Fisher. No part of the corpus of the, charitable remainder trusts shall inure to the benefit of any private person or organization. g. Each trust shall be subject to review and comment by the County Attorney. h. The closing on the acquisition of the systems shall occur after January 1, 1997 or within sixty (60) days after approval of the sale by the Local Government Commission and the North Carolina Utilities Commission, whichever date is later. i. The closing shall be subject to the County's verification ofthe quantities included in the preliminary appraisal for Cape Fear Utilities, Inc. prepared by Dawson Engineering and dated January 19, 1996 and to be updated through the date of July 1, 1996. j. The final form of the purchase agreement shall be subject to approval by the County Commissioners and the County's Bond Counsel. 2. The County Manager and County Attorney shall communicate this proposal in writing to Cape Fear or its successors, which written offer shall remain open for a period of one hundred lo; ...; (100) days from the date ofthe written offer by the County. This th~&'.~ day Of~, 1996. New Hanover County , 1lJ~~ Robert G. Greer, Chairman Board of County Commissioners ATTEST: ctb\'/~ C rk to the Board NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 06/30/96 CURRENT TAX YEAR - 1995 ----------------------- 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 ADDEO LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS EMS COLLECTIONS AD VALOREM $47,630,320.15 2,334,534.06 109,099.25- --------------.- $ 49,855,754.96 13,300.00 42,937.75 --------------- $ 49,911,992.71 49,481,266.71- --------------- $ 430,726.00 99.14%* 99.23%** $ 2,463,963.85 92,002.34 166,330.57- --------------- $ 2,389,635.62 765,334.68- ---_._---------- $ 1,624,300.94 32.03% JUN 1996 206,704.72 31,973.75 .00 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR CITY OF WILMINGTON~ WRIGHTSVILLE BEACH, CAROLINA BEACH TO DATE - $7/,637,207.84. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, ~CTFULL Y SUBMI-TTW, _ , ~rti(~:..., CA. ""-~-V PATRICIA J. RA~OR -U COLLECTOR OF REVENUE CONSENT AGENDA DATE:_________ ITEM NO.______ MOTOR VEHICLE $ 4,681,810.64 43,061.66 52,147.99- ---------.-.----- $ 4,672,724.31 .00 .00 $ 4,672,724.31 4,296,328.10- ------------_._- $ 376,396.21 91.94%* 91.95%** FISCAL YTO 1,953,939.72 45,201.38 .00 NEW HANOVER COUNTY, BEACH AND KURE 1995. * COMBINED COLLECTION PERCENTAGE - 98.52% ** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 98.61% CONSENT AGENDA DATE:_________ ITEM NO.______ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 06/30/96 CURRENT TAX YEAR - 1995 ----------------------- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDEO LESS ABATEMENTS TOTAL TAXES 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 ADDEO lESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 1995. AD VALOREM MOTOR VEHICLE $ 1,049,185.10 57,264.39 25,049.02- -----------_._-- $ 1,081,400.47 1,014.58 --------------- $ 1,082,415.05 1,074,931.76- $ 113,400.26 1,284.38 1,343.25- ------.-.----.---- $ 113,341.39 .00 $ $ 7,477.29 99.31%* 113,341.39 106,360.29- ------.--.------- $ 6,981.10 93.84%* 99.33%** 93.85%** 44,873.72 3,043.86 774.35- $ 47,143.23 15,893.49- $ 31,249.14 33.71% ~. -CTFULLY SU8MrT~, .' ~ t..4r"(/"'t,.<' 4v'rv"'"", (.1 :.,J . .... U PATRICIA J. RA OR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 98.79% ** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 98.81% NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, New Hanover County has been designated one of the 1996 Pacesetter organizations, and; WHEREAS, in 1994 and 1995 employees of New Hanover County generously contributed to the United Way and were ranked 8th in the top ten organizations in total contributions, and; WHEREAS, the 1996 United Way actively supports the many needs of the local community, and; WHEREAS, the County has established a goal of $33,750 a three percent increase over last year's goal; New Hanover County Board of Commissioners A 'iLlA1~ Robert G. Greer, Chairman I tf"1 ,. v. i)VV,1. '207~ o '2 8 6 '96AUG21 Ar11013 STATE OF NORTH CAROLINARECORDED AND VERIFIED COUNTY OF NEW HANOVER ~L~f<'( SUE OOTS REGiSTER Of DEEDS NEW HM!O'iER CO. NC BEFORE THE BOARD OF COUNTY COMMISSIONERS ORDER In the Matter of Closing Watercrest Street (Brandywine Subdivision) 000047 It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close a portion of Water crest Street was adopted by the County Commissioners on the 6th day of May, 1996, and it further appearing that said resolution called for a hearing to be held on the 3rd day of June, 1996, which was continued to July 1, 1996, 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 Watercrest Street 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 road 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: Being all of a 60 foot right-of-way, 150 feet in length known as Watercrest Street (unimproved) located in Brandywine Subdivision, Middle Sound Community and duly recorded as a portion of Brandywine Subdivision, Map Book 10, Page 50 of the New Hanover County Registry. HOWEVER, RESERVING AND EXCEPTING UNTO NEW HANOVER COUNTY a conservation easement to keep the subject tract in its present natural state, precluding the removal of trees and other vegetation, and prohibiting grading and filling of the above-referenced area, SUBJECT to a New Hanover County Water and Sewer District public utility easement twenty feet in width to accommodate a sewer line, said utility easement lying south of and being parallel to the centerline of the herein closed Watercrest Street right-of- way, and extending the full length of said former right-of-way. ~ NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is hereby closed, RESERVING and EXCEPTING the above-referenced conservation easement, SUBJECT to the designated twenty foot utility easement. Provided, however, should a court of competent jurisdiction invalidate the above conservation easement, it is the intent of the Board of County Commissioners that the road closure then be considered 't:-;-}c.turnc,d <,-.) ~ e~i.. ~~.. t \ 5. B Vv.1 IUJD Co. p..e~~ O~T' I. BOOK PAGE 2 0 7 Y 028 7 rescinded and without effect and that the road, in such event, be deemed to remain open. Adopted this the 22nd day of July, 1996. ATIEST: C1t,\(/~ . k to the Board NEW HANOVER COUNTY /f?JJA ~ Robert G. Greer, Chairman Board of County Commissioners . ~ , ..,.,.... O[,~~",. . s ~ /')~ f ~~ /~ Z en::U . ) <Xl m m :E-f Q) s: (to ~ d r ~ ~ 0 .....00 ~C ct>..,., ct>;,u .....m r -. -..- -- --. . I I I ! ~~..t.j....:.:....~_::... "1J~~ , .' ..... -~W~;r,--~~" '.. '., " (" .. .;' T~' 'S,... -- -< .', ._.'.o",.c,..'."': :'-'~" ,/'-:: , 'I" _~__ . #"\'':' ' .j, "\" I :.;l,-:.;- ". , ., .....;--.JX '.':J-'I ::, }~('~I :~';/J:\$ , . <.....11 ;u ,\ \, .. ,,:'~~l'). ..'1 " \. " . 'K '.,- " '.......;.~ <.. 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