1990-08-20 W&S Exhibit
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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.
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NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
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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.
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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.
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Commissioner Fred Retchin introduced the following bond
order which was read at length:
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"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
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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
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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:
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(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
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