1996-10-21 RM Exhibits
A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of County Commissioners of New Hanover County, North Carolina, does hereby
resolve, pursuant to Article 12 of Chapter 160A of the General Statutes, that Neal Lewis, County
Parks Director, be and is authorized to dispose of storm damaged trees within County property,
including, but not limited to County parks and the Juvenile Center, by private sale to Thomas Patrick
of 4435 Black Smith Road, Bolton, North Carolina, 28423, doing business as Patrick's Tree Service,
at a unit price of$6.00 per cord for pine pulp, $50.00 per 1,000 board feet for pine logs, $6.00 per
cord for hardwood pulp, and $25.00 per 1,000 board feet for hardwood logs.
The sale may be consummated after publication of this Resolution within the minutes of the
Board of County Commissioners.
This the~ 14;(: day of I~ J' 1996.
New Hanover County
ATTEST:
2JJ~
Robert G. Greer: Chairman
Board of County Commissioners
RESOLUTION
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the North Carolina Department of Transportation has proposed a
plan for the Smith Creek Parkway to terminate at Castle Hayne Road; and
WHEREAS, the proposed terminus would greatly limit access to businesses
along Castle Hayne Road and limit access on and off the Isabel Stellings Holmes Bridge;
and
WHEREAS, the proposed terminus would not be in the best interest of the
citizens of New Hanover County;
NOW THEREFORE BE IT RESOLVED by the New Hanover County Board of
Commissioners to support the Castle Hayne Business Association and request the North
Carolina Department of Transportation to perform a design review to allow Castle Hayne
Road to remain open to downtown Wilmington and provide businesses located on Castle
Hayne Road access to the Isabel Stellings Holmes Bridge.
Adopted this the 21 st day of October, 1996.
1?JJil~
Robert G. Greer
Chairman
Attest:
~\/)'r.Lw _
L F. Harrell
Clerk to the Board
A RESOLUTION OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AUTHORIZING RENEWAL OF LEASE
AND
SUBLEASE FOR THE COASTLINE CONVENTION CENTER
WHEREAS, on October 30, 1996, the three year lease and sublease agreements for the Coast
Line Convention Center will expire; and
WHEREAS, the lease provides for an extension of four years with the same lease terms at
an annual rent for the convention center and adjoining office space of$125,000.00; and
WHEREAS, through a sublease, the obligation for rental payments is assumed by Coast Line
Convention Management, Inc. with New Hanover County and the City of Wilmington funding any
deficits in rental payments up to $75,000.00 annually, with the County's share being $50,000.00,
and the City's $25,000.00. The remaining $50,000.00 in rental payments is applied toward the
outstanding UDAG loan, with the City transferring $20,000.00 to the UDAG Revolving Loan Fund
and $30,000.00 credited toward the loan in exchange for unpaid rent; and
WHEREAS, the New Hanover County Board of Commissioners desires to renew the lease
and sublease related to the Coast Line Convention Center,
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of New
Hanover County hereby authorizes the Chairman to renew the lease and sublease for the Coasthne
Convention Center, with the County's financial commitment of$50,000.00 to meet rental payment
deficits.
This the 21st day of October, 1996.
New Hanover County
lIJJIJ~
Robert G. Greer, Chairman
Board of County Commissioners
ATTEST:
~'(/~
k 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 2nd day of October, 1996, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for an upgrade
to the Land Records computer system, Bid # 97-0127'
Eastern Technology Associates, Inc
$91,898.15
AND WHEREAS, the Tax Administrator, the Planning Director, the M.I.S. Director, the
Finance Director and the County Manager recommend that the contract be awarded to Eastern
Technology Associates, Inc of Wilmington, North Carolina, the only responsible bidder, in the
amount of Ninety-one Thousand Eight Hundred Ninety-eight Dollars and Fifteen Cents
($91,898.15),
AND WHEREAS, funds have been previously appropriated and are now in Account Number
110-493-4193-2000-6400 in the amount of $57,00000 and in Account Number
110-410-4141-1000-6400 in the amount of $34,898.15 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for the upgrade for the Land Records computer system, Bid #
97-0127 be awarded to Eastern Technology Associates, Inc. in the amount of Ninety-one Thousand
Eight Hundred Ninety-eight Dollars and Fifteen Cents ($91,898 15); and that the County is hereby
authorized and directed to execute the contract, contract form to be approved by the County
Attorney
This 21st day of October, 1996.
(SEAL)
~V~
Chairman, Board of County Commissioners
ATTEST
~,'(/~ -
CI to the Board
.:
'J...&w J{anover County tBoard of Commissioners
~so{ution
Whereas, New Hanover County has been awarded a Community
Development Block Grant (CDBG) in the amount of$225,000 from the North Carolina
Department of Commerce, Commerce Finance Center;
Whereas the Board of Commissioners of New Hanover County has
authorized the Deputy Manager, Assistant Manager, Finance Director, and Planning
Director to sign the Requisition for Funds and has designated the Clerk to the Board to
certify the signatures of the above-mentioned persons.
Whereas, the Board of Commissioners has designated the Director of
Finance on 'behalf of New Hanover County to hereby authorize the North Carolina
Department of Commerce to initiate ACH credit entrjes to Wachovia Bank and account for
payments due from the Department of Commerce for' the 1-40 Business Park (Vision
Software, Inc.) pursuant to the "Established Operation Procedures for State Treasurer's
Electronic Payment system".
Now, Therefore Be It Resolved, New Hanover County shall implement the
1-40 Business Park, Vision Software, Inc. Grant in accordance with the North Carolina
Community Development Block Grant administrative rules, County regulations, applicable
laws, and all other requirements of the Department of Commerce now or hereafter in effect.
Adopted this 21 st day of October, 1996.
~
Robert G. Greer, Chairman
~y/~
k to the Board
Resolution
of the Board of County Commissioners
of New Hanover County
BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS
OF NEW HANOVER COUNTY:
1. That the contract between New Hanover County and the North
Carolina Department of Environment, Health, and Natural Resources
be and the same is hereby approved.
2. That the Chairman and the Clerk be and they are hereby authorized to
sign and execute the said contract for and on behalf of New Hanover
County and forward the same to the North Carolina Department of
Environment, Health, .and Natural Resources.
3. That upon final execution, a copy of said contract be filed with the
Legal Department.
J?li;6~
Robert G. Greer, Chairman
........1'
Mnnutes of a Regular Meetllng
of the Board! of County Commnssnoners
of New Hanover County
A regular meeting of the Board of County Commissioners of New Hanover County was
held in the Commissioners' Assembly Room, the regular meeting place, on October 21, 1996.
There were five Commissioners present. The Board of Commissioners was advised that a
proposed contract between New Hanover County and the North Carolina Department of
Environment, Health, and Natural Resources for the provision of planning services was presented
and discussed; that, under the terms of said contract, New Hanover County will provide a total of
$10,000 in cash and in-kind matching funds as its local share of the planning costs.
Commissioner d#7c/Foduced the following resolution which was
seconded by CommIssIOner . . /;4. .
BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF NEW
HANOVER COUNTY:
1.
That the contract between New Hanover County and the North Carolina
Department of Environment, Health, and Natural Resources be and the same is
hereby approved.
That the Chairman and the Clerk be and they are hereby authorized to sign and
execute the said contract for and on behalf of New Hanover County and forward
the same to the North Carolina Department of Environment, Health, and Natural
Resources.
That upon final executio~OPY pf said contract be filed with the ~~::~
motion of Commissioner ~42?U , seconded by Commissioner
said resolution was passed.
2.
3.
I, Lucie Harrell, Clerk of the Board of County Commissioners of New Hanover County,
North Carolina, do hereby certify that the foregoing is a true copy of the proceedings of the
Board of County Commissioners of New Hanover County at a meeting held on October 21,
1996, as related to the contract between the County of New Hanover and the North Carolina
Department of Environment, Health, and Natural Resources, relative to the planning project for
New Hanover County.
Witness my hand and the corporate seal of the said New Hanover County, this the 21st
day of October, 1996.
~'(/~~
C k to the Board
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 MEADOWBROOK SUBDIVISION
commissioners of the County of New Hanover requesting that the above
described road(s), the location of which has been indicated in red on the
attached map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners i"s 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 Ocotober , 1996.
/) JilTNESS my hand and official seal this the 4~
(tJ~--, , 1996.
day of
~G{~
Luc . e F. Harrel , Clerk---
New an over County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
resolute.wp
;
i'l
1.'
NORTH CAROLINA STATE DEPARTMENT OF TRANSPOR'.fATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
SUN COAST DRIVE IN SUN COAST VILLAS
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
21st day of October , 1996.
f)..J:f.IJ'N~SS my hand and official seal this the c?.4C day of
~ " , 1996.
~~~!~&
New nover County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
NORTHEAST AVENUE
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
21st day of October , 1996.
~~~S my hand,a~~9~:ficial seal this the c(~
day of
u ie
New nover County
Commissioners
of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT, OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
SYCAMORE AVENUE
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
21st day of October , 1996.
~ WITNESS my hand and official seal this the cP~
(V~_) , 1996.
day of
Lu ie
New nover County
Commissioners
of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of
Highways.
resolute.wp
'I
STATE OF NORTH CAROLINA
ss. :
COUNTY OF NEW HANOVER
I, LUCY F. HARRELL, Clerk of the Board of Commissioners
of the County hereinafter described, DO HEREBY CERTIFY, as
follows:
1. A regular meeting of the Board of Commissioners of
the County of New Hanover, a county in the State of North
Carolina, was duly held on OctobercP/ ' 1996, proper notice of
such meeting having been given as required by North Carolina
statutes, and minutes of said meeting have been duly recorded in
the Minute Book kept by me in accordance with law for the purpose
of recording the minutes of said Board.
2. I have compared the attached extract with said
minutes so recorded and said extract is a true copy of said
minutes and of the whole thereof insofar as said minutes relate
to matters referred to in said extract.
3. Said minutes correctly state the time when said
meeting was convened and the place where such meeting was held
and the members of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and
have hereunto affixed the corporate seal of said County this
oP.& day of tP~--,
, 1996.
vd
Board of Commissioners
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
The New Hanover County Board of Commissioners considered the following Resolution
at its regular Board meeting on October 21, 1996, at 9:00 a.m. in the Assembly Room,
New Hanover COunty Courthouse, 24 North Third street, Room 301, Wilmington,
North Carolina. All members of the Board were present:
Robert ~. Greer, Chairman
E. L. Mathews, Jr., Vice Chairman
Sandra Barone, Commissioner
Williapl Caster, Commissioner
William Sisson, Commissioner
*
*
*
*
*
*
*
*
Commissioner Sisson presented the following
resolution and moved that it be adopted:
.~ .
WHEREAS, the bond orders hereinafter described have
taken effect, and it is desirable to make provision for the
issuance of bonds authorized by said bond orders; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
County of New Hanover, North Carolina (the "Issuerl'), as follows:
1. Pursuant to and in accordance with the school bond
order adopted by the Board of Commissioners on January 3, 1994,
the Issuer shall issue its bonds of the aggregate principal
amount of $9,900,000. The period of usefulness of the capital
project to be financed by the issuance of the bonds is a period
of forty years, computed from the date of the bonds.
2. Pursuant to the community college bond order
adopted by the Board of Commissioners an January 3, 1994, the
Issuer shall issue its bonds of the aggregate principal amount of
$4,900,000. The period of usefulness of the capital project to
be financed by the issuance of the bonds is forty years, computed
from the date of the bonds.
3. The bonds to be issued pursuant to paragraphs one
and two of this resolution shall be issued as one consolidated
bond issue of the aggregate principal amount of $14,800,000 and
shall be designated "Public Improvement Bonds, Series 1996"
(hereinafter referred to as the "Bonds"). The Board of
Commissioners has ascertained and hereby determines that the
average period of usefulness declared in paragraphs one and two
of this resolution is not less than forty years computed from the
date of the Bonds.
4. The Bonds shall be dated November 1, 1996 and
shall bear interest from their date at a rate or rates which
shall be hereafter determined upon the public sale thereof and
such interest shall be payable on May 1, 1997 and semi-annually
thereafter on November 1 and May 1. The Bonds shall mature,
subject to the right of prior redemption as hereinafter set
forth, annually on May 1, as follows:
Principal Principal
Year Amount Year AmoUnt
1998 $750,000 2008 $750,000
1999 750,000 2009 750,000
2000 750,000 2010 750,000
2001 750,000 2011 750,000
2002 750,000 2012 750,000
2003 750,000 2013 750,000
2004 750,000 2014 750,000
2005 750,000 2015 750,000
2006 750,000 2016 750,000
2007 750,000 2017 550,000
-2-
'!' .
Debt service will be payable to the owners of the 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. 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 The Depository Trust Company, New
York, New York ("DTC"), and immobilized in its custody. The book
entry system will evidence ownership of the Bonds in principal
amounts of $5,000 or whole 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 May 1, as set forth in the foregoing maturity
schedule, to DTC or its nominee as registered owner of the Bonds.
Transfer of principal and interest payments to participants of
DTC will be the responsibility of DTC; transfer of principal and
interest payments to beneficial owners by participants of DTC
will be the responsibility of such 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 such 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 identify another qualified securities depository to replace
DTC, the Issuer will authenticate and deliver replacement Bonds
in the form of fully registered certificates.
Each Bond shall bear interest from the interest payment
date next preceding the date on which it is authenticated unless
it is (a) authenticated upon an interest payment date in which
event it shall bear interest from such 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 which is legal tender for the
-3-
.~ ..
payment of public and private debts on the respective dates of
payment thereof.
6. The Bonds shall bear the manual or facsimile
signatures of the Chairman and the Clerk of the Board of
Commissioners of the Issuer and the official seal or a facsimile
of the official seal of the 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 said Commission or of
a representative designated by said Secretary and the certificate
of authentication of the Bond Registrar to be endorsed on all
Bonds shall be executed as provided hereinafter.
In case any officer of the Issuer or the Local
Government Commission of North Carolina whose manual or facsimile
signature shall appear on any Bonds shall cease to be such
officer before the delivery of such Bonds, such manual or
facsimile signature shall nevertheless be valid and sufficient
for all purposes the same as if he had remained in office until
such delivery, and any Bond may bear the manual or facsimile
signatures of such persons as at the actual time of the execution
of such Bond shall be the proper officers to sign such bond
although at the date of such Bond such persons may not have been
such officers.
No Bond shall be valid or become obligatory for any
purpose or be entitled to any benefit or security under this
resolution until it shall have 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:
-4-
'7' ..
NO. R-
$
United States of America
State of North Carolina
COUNTY OF NEW HANOVER
PUBLIC IMPROVEMENT BOND, SERIES 1996
INTEREST
RATE
MATURITY
DATE
DATE OF
ORIGINAL ISSUE
CUSIP
May 1,
November 1, 1996
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
The County of New Hanover (hereinafter referred to as
"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 Director of
the County, 320 Chestnut Street, Wilmington, North Carolina 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 his address as it appears on the bond registration books
of the County, interest on such principal sum from the date of
this bond [or from the May 1 or November 1 next preceding the
date of authentication to which interest shall have been paid,
unless such date of authentication is a May 1 or November 1 to
which interest shall have been paid, in which case from such
date], such interest to the maturity hereof being payable on May
1, 1997 and semi-annually thereafter on November 1 and May 1 of
each year, at the rate per annum specified above, until payment
of such principal sum. The interest so payable on any such
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 such interest, which shall be the fifteenth day of the
calendar month (whether or not a business day) next preceding
such 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
-5-
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 January 3, 1994
(the "Bond Orders") and a resolution adopted by said Board of
Commissioners (the "Resolution") to provide funds to pay capital
costs of improving County school and community college
facilities. The issuance of this bond and the indebtedness
evidenced thereby have been approved by a majority of the
qualified voters of the County voting at an election held in the
County on March 8, 1994.
".l,
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 The Depository Trust Company
("DTC") and immobilized in its custody. The book entry system
will evidence ownership of the bonds in principal amounts of
$5,000 or whole multiples thereof, with transfers of beneficial
ownership effected on the records of DTC and its participants
pursuant to rules and procedures established by DTC. Transfer of
principal and interest payments to participants of DTC will be
the responsibility of DTC; transfer of principal and interest
payments to beneficial owners by participants of DTC will be the
responsibility of such 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 such
participants.
The bonds maturing on and after May 1, 2007 shall be
subject to redemption prior to their stated maturities at the
option of the County on or after May 1, 2006, 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 (1/2 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 such premium shall not exceed two percent (2%) of such
principal amount. If less than all of the bonds of any maturity
are called for redemption, the bonds to be redeemed shall be
selected in such manner as the County shall determine; provided,
however, that the portion of any bond to be redeemed shall be in
the principal amount of $5,000 or some multiple thereof and that,
in selecting bonds for redemption, the Bond Registrar as paying
-6-
agent 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
of the bonds within a maturity are to be redeemed, DTC and its
participants shall determine which of the bonds within a maturity
are to be redeemed. If less than all of the bonds of different
maturities are called for redemption, the bonds to be redeemed
shall be called in the inverse order of their maturities.
Not more than forty-five (45) 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 such redemption to be mailed, postage prepaid,
to DTC or its nominee. On the date fixed for redemption, notice
having been given as aforesaid, the bonds or portions thereof str
called for redemption shall be due and payable at the redemption
price provided for the redemption of such bonds or portions
thereof on such date and, if moneys for paYment of such
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 Bond Registrar shall keep at his office the books
of said County for the registration of transfer of bonds. The
transfer of this bond may be registered only upon such books and
as otherwise provided in the Resolution upon the surrender hereof
to the Bond Registrar together with an assignment duly executed
by the registered owner hereof or his attorney or legal
representative in such form as shall be satisfactory to the Bond
Registrar. Upon any such 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, of 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.
Bonds, upon surrender thereof at the office of the Bond
Register together with an assignment duly executed by the
registered owner or his attorney or legal representative in such
form as shall be 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 the Resolution and
bearing interest at the same rate.
-7-
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 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 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 mentioned herein 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.
IN WITNESS WHEREOF, the County has caused this bond [to
be manually signed by] [to bear the facsimile signatures of] the
Chairman and the Clerk of the Board of Commissioners of the
County and [a facsimile of] its official seal to be [imprinted]
[impressed] hereon, and this bond to e dated November 1, 1996.
Chairman, Board of Commissioners
-8-
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 Director, as Bond Registrar
01~
Authorized Signatory
By
Date of Authentication:
/tf/Z,Z/c;b
,
-9-
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:
l_:
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:
-10-
.~ ..
8. The Bonds maturing on and after May I, 2007 shall
be subject to redemption prior to their stated maturities at the
option of the Issuer on or after May I, 2006, 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 (1/2 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 such premium shall not exceed two percent (2%) of such
principal amount. If less than all of the Bonds of any maturity
are called for redemption, the Bonds to be redeemed shall be
selected in such manner as the Issuer shall determine; provided,
however, that the portion of any Bond to be redeemed shall be in
the principal amount of $5,000 or some multiple thBreof and that,
in selecting Bonds for redemption, the hereinafter designated
Paying Agent 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 DTC book-entry system is used
for determining beneficial ownership of the Bonds, if less than
all of the Bonds within a maturity are to be redeemed, DTC and
its participants shall determine which of the Bonds within a
maturity are to be redeemed. If less than all of the Bonds of
different maturities are called for redemption, the Bonds to be
redeemed shall be called in the inverse order of their
maturities.
Not more than forty-five (45) 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 Issuer shall
cause a notice of such redemption to be mailed, postage prepaid,
to DTC or its nominee. Each such 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 state also that on or after the redemption
date, upon surrender of such Bond, a new Bond or Bonds in
principal amount equal to the unredeemed portion of such bond
will be issued.
On or before the date fixed for redemption, moneys
shall be deposited with the Paying Agent 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 thereof.
-11-
On the date fixed for redemption, notice having been
given in the manner and under the conditions hereinabove
provided, the Bonds or portions thereof called for redemption
shall be due and payable at the redemption price provided
therefor, plus accrued interest to such date.
If a portion of a Bond shall be selected for redemp-
tion, the registered owner thereof or his attorney or legal
representative shall present and surrender such bond to the Bond
Registrar for paYment of the principal amount thereof so called
for redemption and the redemption premium, if any, on such
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 such
form as shall be 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 upon
the registration books of the Issuer upon the surrender thereof
to the Bond Registrar together with an assignment duly executed
by the registered owner or his attorney or legal representative
in such form as shall be satisfactory to the Bond Registrar.
Upon any such registration of transfer, the Bond Registrar shall
authenticate and deliver in exchange for such 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 such 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 such exchange or
registration of transfer 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 such exchange or
registration of transfer of Bonds sufficient to reimburse it for
-12-
any tax or other governmental charge required to be paid with
respect to such 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 such 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 and regarded as the absolute owner
thereof for all purposes, and payment of or on account of the
principal or redemption price of any such Bond and the interest
on any such 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 such 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 then commercial standards and for
the timely payment of principal, interest and any redemption
premium with respect to the Bonds. The Finance Officer of the
Issuer is hereby appointed the registrar, transfer agent and
paying agent for the Bonds (collectively, the I'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 at 320 Chestnut Street, Wilmington, North Carolina 28401,
the books of the Issuer for the registration, registration of
transfer, exchange and payment of the Bonds as provided in this
resolution.
10. The Local Government Commission of North Carolina
is hereby requested to sell the Bonds and to state in the Notice
of Sale of the Bonds that bidders may name one rate of interest
for part of the Bonds and another rate or rates for the balance
of the Bonds. The Bonds shall bear interest at such rate or
rates as may be named in the proposal to purchase said Bonds
which shall be accepted by said Local Government Commission,
provided that the net interest cost to the Issuer shall not
exceed 6.25%.
-13-
11. The Chairman and the Clerk of the Board of
Commissioners and the Finance Director of the Issuer are hereby
authorized and directed to cause the Bonds to be prepared and,
when they shall have been duly sold by said 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 said Local
Government Commission.
12. The Official Statement dated October 11, 1996,
setting forth financial and statistical data in connection with
the offering of the Bonds (the "Official Statement") is hereby
approved. In connection with this approval, the Board of
Commissioners of the Issuer has examined copies of the Official
Statement and has, to the extent and in the manner it has deemed
necessary, discussed the contents thereof with officers of the
administration of the Issuer. The Board of Commissioners of the
Issuer does hereby recite that, upon its examination and
discussions, nothing has come to its attention which would lead
it to believe that said Official Statement contains any untrue
statement of a material fact or omits to state any material fact
necessary to make the statements therein, in the light of the
circumstances under which they were made, not misleading. The
Chairman of the Board of Commissioners, the County Manager, and
the Finance Director of the Issuer are each hereby authorized to
approve changes in such Official Statement and to execute such
Official Statement for and on behalf of the Issuer.
13. 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,
14. The Issuer hereby undertakes, for the benefit of
the beneficial owners of the Bonds, to provide continuing
disclosure, as follows:
(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"), if any, 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
-14-
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 data 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 the 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 ("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 defaults;
(3) unscheduled draws on debt service reserves
reflecting financial difficulties;
(4) unscheduled draws on credit enhancements
reflecting financial difficulties;
(5) substitution of 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 rights of the beneficial owners of
the Bonds;
(8) bond calls;
(9) defeasances;
-15-
(10) release, substitution or sale of any property
securing repayment of the Bonds;
(11) 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 m~nner
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 identity, nature, or status of the Issuer;
(b) the information to be provided, as modified, would have
complied with the requirements of Rule ISc2-12 issued
under the Securities Exchange Act of 1934 ("Rule ISc2-
12") as of the date of the Official Statement relating
to the Bonds, after taking into account any amendments
or interpretations of Rule lSc2-12, as well as any
changes in circumstances; and
(c) any such modification does not materially impair the
interests 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 of
the Bonds pursuant to the terms of this 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
-16-
of the change in the type of operating data or financial
information being provided.
The provisions of this Section 14 shall terminate upon
payment, or provisions 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.
15. The blanket Letter of Representations between the
Issuer and DTC is hereby reconfirmed.
16. The Chairman and the Clerk of the Board of
Commissioners, the County Manager, the Finance Director and the
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 or
appropriate in order to carry out the intent of this resolution
and the matters herein authorized.
17. The power to make any election on behalf of the
Issuer with respect to the arbitrage rebate provisions of the
Code applicable to the Bonds is hereby delegated to the Chairman
and the Clerk of the Board of Commissioners and the Finance
Director of the Issuer.
The motion having been duly seconded, and the
resolution having been considered, it was adopted by the
following vote:
AYES: Chainnan Greer
Vice Chainnan Mathews
Commissioner Barone
Commissioner Caster
Commissioner Sisson
NAYS: None
*
*
*
*
*
-17-
AFFIDAVIT OF PUBLICATION
~F'P;;r~:"':';~,(!~..t46ncifOF~:.PJ~1~;{r~~i~;~;1r~; Before the undersigned, a Notary Public of said County and State,
""'Cl:;UNTY OF!NEW=~NbRtk~~~L1Ni!ii~~i: JUL I E JONES
. . ..' ,... , . . .),1
GENERALOBUGATION PUBLIC IM~ROVEMENT BON05-.. who, being duly sworn or affirmed, according to the law, says that he/she is
"".. . . 'SERIES1996""''': ". ',"""'~: CLASSIFIED ADVERTISING MANAGER
Sealed bids will be received until 1.1 :00 A.M., North Carolina llme,'\
lctober 22i 1996, by the uridersigned'B111s office In tM Albemarle Bufldln1f.f! . . "
th Roar, Rooin 411;325 North Sallsbuiy Street; Raleigh,'NOrth.Carollna; ofTHE WILMINGTON STAR-NE~S, INC., a c~~ratJon organized and dOing bUSiness under the
'7603.1385,. at which time arid place such bids',will be opened lor Laws of the State of North Carolina, and pubhshlng a newspaper known as WILMINGTON
14.800,000 Public Improvement Bonds, Series 1996, 01 the County of NeW' MORNING STAR & SUNDAY ST AR.NEWS in the City of Wilmington
lanaver, North Carolina (the' "County"), dated N9vember 1...1996 an
18turing q~ May ~. (subj~ to the, right 01 prior ~~E!I!!!qri;8s'h.' '.
et IOrth) 'annually,.$750,OOO 1998 to 2016, IncrusJV!lt,~ $S5O,OOO;
heniWiIl be no auction. ','" :, < , ': ' ~.~'f';:' , . . "r.\~
The bonds will be issued, In registered'lonm by. means 01 a b60k:e..,
ystem with no p'hyslcaJ dls1ri9ution 01 bond certificates made to the publJC;'l
Ine bond certificate for each maturity will be issued to The DepOSitolyTrtJS(~
~mpany, New York, New York (' 'DT9:1 and Immobilized lillls,c.ustOOY:,:(,
he boo~-entry system will evidence oWnership 01 the. boiidS '~th~.prindpal i
mount 01 $5,000 or ,an multi 18' thereol, withliMSfiir'iiIbfp' 'ii)'ShI- !
ffecte<fon the reCciids JOTC ~"d lis participiinls 'purtii8iil~io:res; " . .
rccedures estabilshedby OTC and itSparticlpal1ls: Til8':stl~sfijl '. , was Insened In the aforesaId newspaper In space, and on dates as follows:
s a condition to delivery:of the bonds, shall be requlied.lo'deposn'tftij '.:
orid certificates with OTC, :registered In. the name of'Cede.a ;Co;;'Its:j
omlnee.'lnlerest on lhebondsWlll'bil':payeble;onMay :1;J997..iin)tj 10/17, 1 X
lmlannually therea1\ilroo'each May'l'andNoveinber'l and principal of,.!;
ldany rOOemption pr~mlumon ~ bOnds wi~ be paYable" al,maturityorii;
ion prior redemptiort;to QTC.Orits nominee as registered oWfler oI!he.i
JndS':<Tr. ansler' 01' PH.naP. al,i interest; an. . d~any ;red~niPtidri'.Pieml.u'iif,~
lYJ1l8I\ts to paitlcipnol OTO'WiIIllEi Ui8reSpOOsiblllty Of DTC; ltailSI8f!6f:~
inclplili..lrltetest'endanyJlidemption preinlum payments to bene/id8fa
liners 01 the bonds by particlparits 01 OTe wm be tIie responsibtnty of sudi{~
Irtlcip&nts'and olhernomlriees 01 beneficial oWners; The County wlIt not:,~ and at the time of such publication Wilmington Star-News was a newspaper meeting all the
l ,responsible .or Ililble for such transfers.otpaymen,ts.or lor maintaining,';, aI" . S 1-597 S f
Jpervising or reviewing the records rnaintain.ed by OTC, its participants or requirements and qu Ifical10ns prescnbed by ce. No, G, ,0 N.C.
lrsonsactingthroughsuchpiutlcipants. .:: .... ,--,., i, ./~~ /) ~
~. f~:tIie.':e;;~~a~~;~~:~~.:tO~:n.'.~.ti~:I~~contin.as:~.'~~'.~'t."~ cr:~ LA
e bOOk-entry system ol8V1dence and transfer 01 ownershIp 01 the bOnda ,"
luld acMi!sely afIilct the iritenistS oIlhe beneficial' ownerS Of thabdndsi':
e CouI]tyWiIl discontinue thebook.emry systemwilh OTC:;Uthe ~1 C LASS I F I ED A E
ils to identifyanolherqualifiedsacurities deposnoryto replace,OTC;the,,i DV R. MGR
:~:I:,;d.~,II~,~/~E~~~~~~;~t':f!)11~~.:!~:'?!~~~;;e:~ Title 18TH
The bo~s will be 'g8r?8rar obogaiiona 01 ihe eouirty Iiild the lailIl"andl Sworn or affirmed 10, and subscribed before me, this
edn ol.the Countyar~ pledged fo~the p;ayinEl!l!,~ll~~.p<~~~ipal. D.'!'fld;;
lerestonthebortds..'... c". ... "L......,.'..!.<.......,._ ,I.y ..;.,
]'lle:boridsmatuilng.prlcifto May't:2007:will'not be;subject,ja!-{ OCT 96
dempilon prior to maturity,'The bonds,riiaturing on,May;t,,200nntlii of . A.D., 19_
9reallerwillbesufiJecttoredempti6ri'piiorlom~rity','aqheoptlon'oflhil'; In Testimony Whereof, I have hereunto set my hand and affixed my official seal. the day and
lUnty, from any moneys that maybe made avadable lot such purpose,; year' aforesaid.
her in whole on any date not earllert!1an May 1, 2006 or. In part In inverse:'l ~~
jet 01 their maturities 911 any interest payment date not earlier than May 1;;,~ ~I /7J ;/
06 aflhe' principSJ ainount 01 the bonds to be l8deemea,lligether with; '( A/
erest accrued thereon 10 the date fixed for redempllon, plus a redemption.: .
lmlum 011/2 of 1% 01 the principal amount 01 each bond to.be redeemed; Notary Pubhc
each pariod 01 12 months or panthereol between the redemption date:
d the maturity d~te 01 such bond, such premium riOt to exceed 2% 0I'~'
ch prindpal amount. Uless.than all 01 the bonds 01 any one maturity shain
called for redemption, the particular bonds or portions of bonds to be
leerned shall be selected by the county In such manner. as the County
l'f detBlT':ljn~; provided: however, .tha\ OTC,!"d lis p~cipants shall ~.~e, '.
::h selectioriils 10lfg as a book-enlry SysleIri wilhDTC IS Involved. :.", ....'.N. th ed" d' d ed b th C th th 'd bl" did I
NotICli'oI redeinjl1fon Sli8ir be glv8ri byceitlfled Or reglsterea iMiiio orC>:enlsement ereto annex It IS a ~u g y e ourt at e sal pu Icallon was U yan proper y
lis nominee as the registered Owner 01 the bond9. Sucli notice Shall be" ,y served on the defendant(s).
~Ied not more than 45 dayS nor less than 30 days prior 10 the date fuced .
rllclemplion. The County will not berllSPonsible,lor IllsiiiV9 J)otl~ .01,,),
lemptlorflo anyone Other than OTC crill! ncimlne8;.,;~I!,')"I::Y;-,~;'.''''''': ;:~
BlddSls BiineciueStiidiariarnethellrteiSst'iate 6rHiies!liVifiiiitl~IiS~;i
'or'll1Ob! 1%,arid'eaCh'bldder imiSisr>ecifY In hfs bldlh'e'amotint lirId"-"
~rities 01 the .bonds of ,e,sch. rate. No intereSt rate n~edlor anY~
en maturity may be lower.than the Interest rate named fOr any prior' .
lurity. No bid may n8ine moiil:lhiIn six interest rates.~A11 bondsinatuttiJg l;i
thUarnedate rmisfbear.1niioest aflhe Same rate'i'TMborlds.wlB b&f;
iided-tQ:,the blddei':~!lII8rt "hf~th8 baldS.atth&lowIItil'lriinff
r!Ifd;;the.:ColintY;I,Si1ch;:~li~~litilmtJned 'bY' dedui:tlng ,lIie. totalW
oimiOtB:ny ~llrci;'~iii'llie8ggiiQale tWl)ount,01 \J1lerest upOn aII,t
~, borids from their dBlti'ulitlllhelirespei:tfve rT1l\turit!es, No bid oIlesS-{
ripar8IiiJ liccrti8dlilteiestwttltiiJiiirterllilned. ': ,,".' "', .. :~::';,'
Each. bId must'bii.:,uliiilltie&-o~~:lOiln to be 'iumfshed,by,'Uiil~."
leislc;jneil, muSt;Ilcj'~\\Cllls8dlli~If&88J8il envefo e'iriarked "13111fo ,.;
~l1cqlilll,!ovem8ni;l3ofldt;:(~Jllf otN!iW'. ~li!igyer)" }ii!! 'ri]uSt'bJt
~panf8d by anofllclal bank, check, a cashier's cheCliOi's eertified"\~.'
lCf(:upon' aninCoiporBted blink'ti;' tMI' CiimpSny for $29(l:ooo;payabfIF'
:cindItionanv.tlfthB'O/dllr'Of It1a SlaftrT-._ nf I.Inrlh 1'...",lIno,-_1
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER
NOTICE OF SALE$14,800,000COUNT
Y OF NEW HANOVER, NORTH CAROLIN
AGENERAL OBLIGATIONPUBLIC IMPR
$14,800,000 BON
1996
day
My commission expires
21ST day of JUNE
,19 99
Clerk of Superior Court
(
A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, flooding throughout portions of New Hanover County has occurred due to
Hurricane Fran related obstructions of drainage ditches and natural waterways; and,
WHEREAS, the Board of County Commissioners by a Resolution adopted September 30,
1996 authorized entry upon private property for purposes of removing drainage obstructions
pursuant to the emergency power set forth in Section 6.7 - 23(c) of the New Hanover County Code;
and
WHEREAS, certain individuals and entities, including homeowners associations, have
requested permission to undertake removal of storm related drainage obstructions, at the sole cost
of such persons, entities, or organizations; and
WHEREAS, New Hanover County is agreeable to designating certain persons, entities, or
organizations as agents for drainage obstruction removal, pursuant to the Resolution adopted
September 30, 1996, provided the County is given adequate indemnity, performance surety, and
insurance coverage by the persons or organizations requesting designation as an agent, to the
satisfaction of the County Engineer and the County Attorney.
NOW, THEREFORE, BE IT RESOLVED that New Hanover County hereby designates
Northchase Homeowners Association as the agent of the County, pursuant to the referenced
Resolution of September 30, 1996, to undertake at the agent's sole expense, removal of drainage
obstructions within the drainage basin, shown on the attached map, marked Exhibit "A," subject to
the attached performance conditions, marked Exhibit "B." Said designation is contingent upon the
prospective agent exhibiting sufficient certificates of insurance naming the County as an additional
insured, executing a contract containing an indemnity of the County, its officers and employees, and
providing appropriate surety performance bonds or letter of credit, to the satisfaction of the County
Engineer and County Attorney.
This theq:>M- day of ~ ,1996.
New Hanover County
/fl~~
ATTEST:
Robert G. Greer, Chairman
Board of County Commissioners
......
~
EXHIBIT-A
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EXHIBITB\
",
In response to Hurricane Fran the USDA Natural Resources Conservation Service
(NRCS) anticipates providing assistance to local sponsors through the authority of the
Emergency Watershed Protection program to remove debris from streams, channels, and
other drainageways that poses a threat to life or property.
It has been determined in consultation with the U.S. Army Corps of Engineers, North
Carolina Wildlife Resources Commission, and the North Carolina Division of Water
Quality that debris removal done under the following conditions will not require a
Section 404 permit or State 401 water quality certification.
1) Removal of debris will be limited to vegetative materials. Excavation of
soil/sediment shall not be undertaken. Uprooted stumps may be pulled from the
ground (no excavation), but shallinclude no more than minimal amounts of soil
attached to roots. Debris removal will be restricted to that associated with Hurricane
-- --- ----.--- ---- "-".- .- --- .- - - - "-"-" - ._.- - - .-.- - --.. - _..-- - - - -- -
Fran.
2) Debris will be disposed on high ground where practicable, or where in wetlands,
sufficiently anchored (no excavation or fill) so that material will not be displaced
back into the stream channel.
3) Debris placed in wetlands shall be spread in a manner that does not impede lateral
water flow.
4) Equipment used will generally include hydraulic excavators equipped with
mechanical thumb or grapple attachment, loaders, winches mounted on tracked or
rubber-tired equipment, portable winches, and chain saws. ",'... i, . i' c' f .~~
5) Heavy equipment working in wetlands must be placed on mats, or other measures
must be taken to minimize soil disturbance.
6) Equipment shall operate adjacent to the stream and not within the stream unless prior
approval is granted. Where necessary, trees can be cut for assess to worksites;
however, mechanized landclearing will not occur within wetlands at any time.
Crossing a stream to gain access to the opposite bank is permissible. Crossing sites
should be selected to minimize damage to the streambank and aquatic habitat.
7) No activity may cause more than minimal adverse impact on navigation.
8) In the event of a spill of petroleum products or any other hazardous waste, it should
be reported to the N.C Division of Water Quality at 919-733-5083, Ext. 526 or 1-800-
662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
9) NRCS will be responsible for inspection and will ensure that the previously listed
conditions are met.
:1
iH
CONSENT AGENDA
DA TE : JJ!..:z;t -f .&..;.
ITEM NO._~___
NEW,HANOVER COUNTY FIRE DISTRICT.TAX COLLECTIONS
COLLECTIONS THRU 09/30/96
CURRENT TAX YEAR - 1996
'-------~~--------------
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDEO
LESS'ABATEMENTS
TOTAL TAXE$ CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLlECT'IONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
----------
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ,ADDEO
LESS ABATEMENTS
TOTAL TAXES DUE i
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
THIS REPORT tSFOR'FISCAl YEAR BEGINNING
R~::~~ S~~T_a:.~(,~
PATRICIA J. RA~R -U
COLLECTOR-OF REVENUE
AD VALOREM
_~~I2~_~~~!E~~_
$ 31,030.84
211.18
431.99-
------------~--
$ . 36,810.63
$ 1"'143 852.52
, 1: 368~'18
412.,,!6-
----....--------...--
$ 1,144,748.34
309".48
-----....-------~-
$' '1,145,051~82
136,811.16-,
---------------
$ "1,008,186.06'
11.95%*
.00
---------------
$ ; 36,870'.63
-~----~~!!~~~~~-
$ 12,150.18
61.02%*
45,708.15
640.09
200.84-
_...._--:-~-_....--~---
$ 46 ,141.40 .
------_!!~~~:~:-
$ 38,401.07
16.11%
JULV 'I, 1996.
*' COMBINED COLLECTION PERCENTAGE - 13.67~
NEW,HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 09/30/96
CURRENT TAX YEAR - 1996
. I. ,
-----------------------
ORIGINAL TAX LEVY PER StROLL
DISCOVERIES ADDED'
LESS ABATEMENTS
TOTAL TAXES, CHARGED
'ADVERTISING FEES' CHARGED
LISTING PENALTIES CHARGED
TOTAL U:VY;
COLLECTIONS' TO i.DATE
OUJSrANDING BALANCE
PERCENTAGE COLLECTED
BACK ,TAXES
-_...._---~--
REAL'ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS'ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
ROOM OCCUPANCY'T~X COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
EMS COLLECTIONS
AD VALOREM
---------------
$ 51,988,753.91
92,803.53
13,808.54-
---------------
$ 52,067,748.96
.00
---_..._~!!~~!~~~
$ 52,085,076.35
5,291,972.44-
---------------
$ 46,793,103.9t.
10.16%*
$ 2,431,423.13
21,098.36
9,548.02~
----....-....--------
$ 2,442;973.47.
418,713.62-
-....-------------
$ 2,024,259.B5
17.14%
. SEP 1996
----..---------
307,955.00
552.50
.00
CONSENT AGENDA
DATE:_IO::!f..:!f.
ITEM NO.__j"__
MOTOR VEHICLE
---------------
$ 1,528,997.39
11,490.75
15,014.61-
---------------
$ 1,525,473.53
.00
.00
$ 1,525,473.53
988,345.69-
--...-~----------
$ 53r"127~ 84
, 64.79%*
FISCAL YTD
933,448.25
13,811.63
.00
. TOTAL MONEY' PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY,
1 CITY Of' W ILMINGTONt WRIGHTSV ILLE BEACH, CAROL INA BEACH AND KUR E
BEACH TO DATE - $9,812,473.51.
THIS'REPORT IS FOR FISCAL YEAR BEGINNING. JULY 1, 1996.
AifS~CT.f~Ll y S~BMIJfED, ti-V
~'r(l. (. i ;-..; C\ . I <\.., (r
PATRICIA J. RAVNOR
COLLECTOR.Of REVENUE
* COMBINED COLLECTION PERCENTAGE - 11.71%