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1990-08-20 W&S Exhibit .. RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, Porters Neck Company, Inc. certain waste treatment capacity commitments County Water and Sewer District, and desires to secure from New Hanover WHEREAS, New Hanover County Water and Sewer District is agreeable to making available certain waste treatment capacity. subject to the conditions set forth herein and in applicable laws and regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of District Commissioners, subject to satisfactory financial arrangements being negotiated between the New Hanover County Water and Sewer District and Porters Neck Company, Inc., That New Hanover County Water and Sewer District commit to the Porters Neck Company, Inc., 200,000 gallons per day treatment in. the County waste treatment facility, this capacity to be immediately reserved; that an additional 200,000 gallons per day capacity be committed and reserved, to be used not prior to January 1, 1993; and that an additional 200,000 gallons per day capacity be committed and reserved, not to be used prior to January 1, 1995; and That the reservation and commitment of 600,000 gallons as set out in this Resolution shall expire, unless extended by action of the Board of District Commissioners of New Hanover County, unless all phases of the Porters Neck development have received final subdivision approval pn or before December 31, 2004. ,.OOU"19'", ~", o'iER COli. "(1,," [ SE~~"I!Il...........o..~;'...:'''~ ~~... . .. 6,..0. o. ~ ~ ~ .u ,l e\ I'S ::lif" ,0 ': . .1 4: .. _.": e.'-: : \-I \ ; es ;. "'A'O ~ o'~~ ~ ~ . . ~ ~ ~~ ;e...... ":- - - ...........: "ir. "''' 4~4...... "Ji ~'" .... :.-:.::...& ,....... ~", ...~~~ ATTEST :'......... NEW HANOVER COUNTY WATER AND SEWER DISTRICT \ \ ~/d~ C erk to the Board --.----.-" . ."t' ~ , RESOLUTION Upon motion duly made and seconded, it is RESOLVED, that New Hanover County commit to the Porters Neck Company, Inc., 200,000 gallons per day treatment in the County waste treatment facility, this capacity to be immediately reserved; that an additional 200,000 gallons per day capacity be committed and reserved, to be used not prior to January 1, 1993; and that an additional 200,000 gallons per day capacity be committed and reserved, not to be used prior to January 1, 1995; and RESOLVED, that the reservation and commitment of 600,000 gallons as set out in this Resolution shall expire, unless extended by action of the County Commissioners of New Hanover County, un~ess all phases of the Porters Neck development have received final subdivision approval on or before December 31, 2004. " ~ 't" ,;1,.... . EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, SITl'ING AS THE GOVERNING BODY OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT The New Hanover County Board of Commissioners sitting as the governing body of New Hanover County Water and Sewer District, met in Regular Session on Monday, August 20, 1990 at 9:00 A.M. in the Assembly Room of the New Hanover County Courthouse, Wilmington, North Carolina. Members present were: Jonathan Barfield, Sr., Chairman E. L. Mathews, Jr., Vice- Chairman Fred Retchin Robert G. Greer Absent was Nolan O'Neal. * * * '* * * * * * * * * Commissioner Fred Retchin introduced the following bond order which was read at length: .. J -I i;;~j< . I ,'. ~'.J" ,:....... "BOND ORDER AUTHORIZING THE ISSUANCE OF $752,000 SANITARY SEWER BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT" WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, deems it advisable to make the improvements hereinafter described; and WHEREAS, the Board of Commissioner of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, has caused to be filed with the Secretary of the Local Government Commission of North Carolina an application for Commission approval of the bonds hereinafter described as required by the Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been filed and accepted for submission to the Local Government Commission; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: section 1. The Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, has ascertained and hereby determines that it is necessary to provide improvements to the District t s sani tary sewer facilities, including the construction of collection lines, and including the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights-in-land required therefor and to pay capital costs of 2 ""," . ..- I I r'~ ~;t'~'~"'f~\ '( ~ ',.' :,.'" ' such improvements. section 2. In order to raise the money required to pay capital costs of providing the improvements as set forth above, in addition to any funds which may be made available for such purpose form any other source, bonds of the New Hanover County Water and Sewer District are hereby authorized and shall be issued pursuant to the Local Government Finance Act of North Carolina. The maximum aggregate principal amount of said bonds authorized by this bond order shall be $752,000. Section 3. A District tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the facilities hereinbefore described may be pledged to the payment of the interest on and principal of said bonds if and to the extent that the Board shall hereafter determine by resolution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said bonds may be reduced by the ,amount of such revenues available for the payment of such principal and interest. section 4. A sworn statement of the District debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. section 5. No debt shall be contracted during any fiscal year by the issuance of bonds pursuant to this bond order if the amount of such debt and of all other debt contracted during such fiscal year shall exceed two-thirds of the amount by which the outstanding indebtedness of said District shall have 3 "i~, . , ~ "'t:'/Hr(:'ll' " . been reduced dur ing the next preceding fiscal year, unless the incurring of such debt shall be submitted to a vote of the people of the District and shall be approved by a majority of those who vote thereon. Section 6. This bond order shall take effect thirty days after its publication following adoption, unless it is petitioned to a vote of the people within thirty days after the date of its publication as introduced as provided in G.S. 159-60; and in such latter event, it shall take effect when approved by the voters of said District. Commissioner Fred Retchin moved that the following resolution be adopted: WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING l~E ISSUANCE OF $752,000 SANITARY SEWER BONDS OF NEW HANOVER COUNTY WATER "AND SEWER DISTRICT", has been introduced at the meeting of the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, held on August 20, 1990 and the Board of Commissioners, sitting as the governing body of New- Hanover County Water and Sewer District, desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by the Local Government Bond Act; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: 4 t, ;'..l r'- 't'r'W".lT""ll .' " ,'.4: .... ., (1) The public hearing upon said bond order shall be held on the 4th day of September, 1990, at 7:30 o'clock P.M., at 24 North Third Street, Room 301, New Hanover Gounty Courthouse, in Wilmington, North Carolina. (2) The Clerk of the Board of Commissioners and of the District is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper not fewer than six days prior to such public hearing. (3) The District's Finance Officer is hereby directed to file with the Clerk of the Board of Commissioners and of the District prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property sUbject to taxation by the District and net debt of the District. The motion was seconded by Vice-Chairman E. L. Mathews, Jr. and was adopted by the following vote: AYES: Jonathan Barfield, Sr., Chairman E. L. Mathews, Jr., Vice- Chairman, - Fred Retchin Robert G. Greer NAYS: None * * * * * * * * * * * * 5