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2005-08-01 RM Exhibits R tk '-.Cl. :LS". I NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Marsh Reach Drive and Folly Island Court in Marsh Oaks Subdivision (Div. File No. 1066-N) WHEREAS, a petition has beenfiledwith 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 a 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 ofTransportationfor 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 pI day of August ,2005. ~ITNESS t~\-- my hand and official seal this the ,2005. ~~~ day of ~\;\~ \-. ~J..,~ Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note. Forward dIrectly to the District Engineer, Division of Highways. resolute.wp Kfr ~~. :LS"",' NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) DescriptIOn: Southeast Harbor Drive, Possum Place, English Landing and Wax Myrtle Court in Southeast Harbor Subdivision (Div. File No.1 064-N) WHEREAS, a 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 on a 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 ofroads 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 1 sI day of August ,2005. U:ITNESS ~\..\ my hand and official seal this the ,2005. ~~ , , day of ~~~ '-. ~~\ Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note. Forward directly to the District Engineer, DivisJOn of Highways. resolute wp K.H:- 1... cr. :L 5". ;;L GlQ,7--' . .~ h-v .,...--.--- - "'ro.ElIL~.wI:4 Ill! "~'Il'" ~liJ I ~j NEW HANOVER COUNTY BOARD OF COMMISSIONERS , . I PROCLAMATION WHEREAS, the United States Coast Guard, founded by Alexander Hamilton on August 4th, 1790, is our Nation's oldest continuous seagoing service; and WHEREAS, the U.S. Coast Guard is the world's premier maritime safety and marine law r enforcement agency; and WHEREAS, in 2003 the City of Wilmington was selected as the 5th city in the nation to be a Coast Guard City; and WHEREAS, the United States Coast Guard will celebrate its 215th birthday on August 4,2005; and WHEREAS, the City of Wilmington and the United States Coast Guard are organizing a Coast Guard Day on July 30, 2005 which will feature ship tours, exhibits, demonstrations and much more designed to educate the public about the mission of the Coast Guard. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners, that the week ofJuly 30-August 5,2005 be recognized as COAST GUARD TVEEK in the New Hanover County, and urge all citizens to 'express their appreciation for these highly professional and multi-talented men and women who continue to make a tremendous contribution to the social, environmental, and economic well-being of our city and our nation. Adopted this the first day of August, 2005. Attest: 1ld:f/j~ Robert G. Greer, Chairman ~ ~.\~ ~. ~ C\A I}. \-\ Sheila L. Schult, Clerk to the Board h [3~""H" T /,''W;'''~lL~~ -'--"~~""'.i1'f~.A""~Gf'in'.":""'" d ~.........-.~..-.. ~. ... ..... ... - .~~--~ - r I:I.,I . KU :t.q. 2';-. :3 ~_''t...._n- ""'. TlNI~lU ~JWlllli~u", h_ml~..~" .11 l .~ ~ ~~~~~~~t!lL&L.J.",! il",-.-A ~"-M~ J. -'!'fII.I~.IIOO.~I_H, ilIRIII-....:I.... ---', ~ ~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION vVHEREAS, The Academy of Medical-Surgical Nurses was established in 1991 by Alice Poyss and Ceceila Gatson Grindel; and "THEREAS, Medical-Surgical Nurses have historically made significant contributions to the health of the public. They help adults and their families, in both hospital and community settings, to promote, restore, and maintain an optimal level of health; and ~) ~ [,' WHEREAS, Medical-Surgical Nurses direct their care at preventing disease, arresting further disease and dysfunction, assisting with rehabilitation, and/or assisting adults through a comfortable and positive death experience; and ~ fr<j,; ':j,t I~I @. ~ ~ .~ I ~ WHEREAS, Medical-Surgical Nurses have a vast set of specialized skills and knowledge in all aspects of adult health including assessment, technical, organizational, and prioritization skills; and WHEREAS, The Academy of Medical-Surgical Nurses, the professional organization for the medical-surgical nursing specialty, celebrates November 1 as Medical-Surgical Nurses Day in recognition of the distinct contributions of medical-surgical nurses to the safe and high quality care of adults; and WHEREAS, our goal is to increase awareness in the communities and bring uniformity to the use of the title nationally and to be recognized as the expert in the medical surgical field. NOW, THEREFORE BE IT PROCLAIMED, by the New Hanover County Board of Commissioners that November 1, 2005 shall be declared Medical-Surgical Nurses Day in New Hanover County and that citizens be urged to support this observance. Adopted this the first day of August 2005. /f?Jj)fJ4~ Robert G. Greer, Chairman S\\;.~~ \ ~ (\\\\~~ Sheila L. Schult, Clerk to the Board d EJ Attest: _h [9'..:" 1< l::h 2-q, ~s-. 'f ~W8Lr. _-_''-~~ " L r.. .,."., ~t~_~ .'.- f.l~.~ n .......1II.~.:.:1II ~m.lUU~-I:!~ ___~1Ii.n ~liil\11811 ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION 1.1 I WHEREAS, the welfare of our children is the most important responsibility we have as parents, and children should be able to depend on support from both parents; and WHEREAS, children who do not receive adequate financial and emotional support from both parents may experience greater difficulty in becoming healthy, happy and productive citizens ofthis State; and WHEREAS, in cases where children do not receive financial and emotional support from both parents the taxpayers of this State support the children whose parents fail to meet this responsibility; and WHEREAS, many concerned and dedicated judges, district attorneys, clerks of court, sheriff s personnel and child support enforcement professionals work to establish and enforce child support for North Carolina's children, who are our future; '. :1 NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2005 be declared Child Support Awareness Month in New Hanover County, and that citizens be urged to support this observance. ~. Adopted this the first day of August 2005. 1?Jd;J.~ Robert G. Greer, Chairman Attest: h 6~ ~ \:\~ \ ~r\.\\.\~ Sheila L. Schult, Clerk to the Board -_i _ !L....Ji ~ _ ~. _..~~'::'l:- d ...~~El ..... ,~. '+2.~ 20,.2.5.5" AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY OCTOBER 6,1969 CASE: A-342, 07/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: SectIOn 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended by and the same is hereby further amended as follows: Amend Section 50.5 Table of Permitted Uses AMEND; Table of Permitted Uses AI Manufacturing Food & Beverages s Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. ThIS ordinance is adopted in the interest of public health, safety, morals and general welfare ofthe inhabItants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 1st day of August 2005. Attest: .W~ Robert G. Greer, Chairman ~\)'k\e~ '-~ ~~11\\ Clerk to the Board Ktt:Lq, 2S. Co A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $21,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," has been introduced at the meeting of the Board of Commissioners of the County held on August 1, 2005 and the Board of Commissioners of the County 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, as follows: (1) The public hearing upon said bond order shall be held on the 9th day of August, 2005, at 9:00 o'clock A.M. in Room 301 in the New Hanover County Courthouse, 24 North Third Street, in Wilmington, North Carolina. (2) The Clerk of the Board of Commissioners 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 no fewer than six days prior to such public hearing. (3) The County's Finance Officer is hereby directed to file with the Clerk 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 assessed value of property subject to taxation by the County and the net debt of the County. This the 151 day of August, 2005. (SEAL) NE~.OVE, CO~TY ), 8~ Robert G. Greer, Chairman ATTEST: ~\~~~ "-.~~L\\ Sheila L. Schult, Clerk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 6,1971 CASE: Z-799, 06/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN. 2. B L S' . SC:. SectIOn 1. The Zomng Map of Zomng Area No.5 IS hereby amended by removmg the heremafter described tracts from the R-15 ResIdentJal Zomng DIStrIct ClaSSIficatIOn and placmg It m,the B-1 NeIghborhood Busmess DIstrict ClassIficatIOn (approxImately 8.11 acres) and It IS also hereby amended byremovmg the described tracts from the R-15 ResIdentJal/B-l NeIghborhood Busmess Zomng DIStrIct and placmg It m B-2 HIghway Busmess Zomng DIStrIct ClaSSIficatIOn (approxImately 9.21 acres), sald land bemg described as follows' R-15 to B-1 Zoninrz BEGINNING at a point in the R/W of us Hwy 17 Market Street, said point being approximately 719 'from Porters Neck Road, running thence, along present R/W, 1. N44005 '53 "E 118.41 ' to a point, thence, 2. N44006 '08 "E85 06 to a point, thence, 3. N44006'11E 84.53' to a point; thence, 4. N42020'33 "E 84.33' to a point, thence, 5. N4r20 '30 "E 84 33' to a point, thence, 6. N4r20 '34" E 200. 75' to a point, thence leaving said present RlW, 7. S49051 '30"E 510.75' to a point; thence, 8. S37053'16"W657.45" to a point; thence, 9. N49048 '14 " 570.68'tothepointofbeginning, Containing 8 11 Acres R-15/B-1 to B-2 Zonin~ BEGINNING at a point in the present RlW of us Hwy 17 - Market Street with the intersection of Futch Creek road (60" RlW, running thence 1. N03015'29"W 182.19' to a point; thence, 2. N35028 '42 "E 181.01' to a point; thence, 3. N44006'04"E 346.78' to a point; thence, 4. S49048'14"E 570.68' to a point; thence, 5. S37046 '34"W 69737" to a point, thence 6. N49021 '53 "W 159 70' to a point; thence, 7. N48044'58"W 14327' to a point; thence, 8. N39003 '42 "W 183.83 to the point of beginning. Containing 9.21 Acres SectIOn 2 The County Clerk IS hereby authorIzed and dIrected under the supervIsion of the County CommIssioners to Change the Zomng Map No.5 on file m the office of the County CommIssioners, so as to make It comply wIth thIS ordmance. HOWEVER, the rezonmg of the above described tracts will not become effectIve until the 1-140 Wilmmgton Bypass IS opened. SectIOn 3. Any ordmance or any part of any ordmance m conflIct WIth thIS ordmance, to the extent of such conflIct, IS hereby repealed. SectIOn 4 ThIS ordmance IS adopted m the mterest ofpubhc health, safety, morals and general welfare of the mhabItants of the County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptIOn. Adopted the 1 st day of August, 2005 ~ Ro1:5ert G Greer, Chairman Clerk to the Board z. B L If. ~7. '2.. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 CASE: Z-798, 06/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it entirely in the CD (0&1) Conditional Use Office & Institutional District Classification, said land being described as follows: BEING a tract ofland bound by Carolina Beach Road (US. Hwy 421), a 160' public right-of-way, and the Silva Terra Subdivision, recorded among the land records of the New Hanover County Registry in Map Book 10, at Page 34; and being more particularly describes as: BEGINNING at the point of intersection of the southwestern boundary of Carolina Beach Road with the northwestern boundary of Silva Terra Drive, a 60' public right-ofway, and running thence with the Silva Terra Drive right-ofway, South 55026 '00" West, 233 00 feet to a point; thence North 34034 '00" West, 90 00 feet to a point, thence North 330 3 '30 "West, 110.02feet to apoint, thence North 55026'00" East, 23071 feet to a point in the southwestern boundary of Carolina Beach Road, thence with that right-ofway, South 34034 '00" East, 200 00 feet to the point and place of beginning, containing 46,474 square feet, or 1 067 acres, more or less Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map of Zoning Map No.4 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 1st day of August 2005. Attest: i?Jjl::vl;~w,-- Robert G. Greer, Chairman ~~\~ ,,-. ~~\~ Clerk to the Board ..sIAP1:l~.3~. I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Offices for Private Business & Professional Activities & Barber/Beauty Shop Conditional Use Office & Institutional District z- 798, 06/05 The County Commissioners for New Hanover County havmg held a public hearing on August 1, 2005 to consider application number Z-798 submitted by Cindee Wolf for Gulf Stream Foods of NC to permit offices for private business & professional activities and barberlbeauty shop in a Conditional Use Office & InstitutIOnal Distnct located at 6 Silva Terra Drive and 4624 Carolina Beach Road and having heard all of the evidence and arguments presented at the heanng, make the following FINDINGS OF FACT and draw the following CONCLUSIONS' 1. The County CommiSSIOners FIND AS A FACT that all of the specific reqUIrements set forth in Section 71-1 (3) of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meet all conditions and speCifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer will serve the site. B. The site is located in the Myrtle Grove Fire District. e. The site has access from Carolina Beach Road. D. The site is not located in a 100-year flood zone. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement lIsted in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A site plan consisting of an 8,000 square foot office building has been submitted for review. B. Access to the proposed buildmg will be from Silva Terra Drive as noted on the plan. e. All setbacks and bufferyards can be met as presented by the applicant. D. Based on the information presented, a traffic impact analysis is not required. E. Regulated trees will be preserved. F. No conservation or historical resources are located on site. G. A total of 29 parking spaces will be provided - 20 spaces are required 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will or substantially 1l1Jure the value of adjoinmg or abutting property, or that the use is a publIc necessity. In support of this conclusion, the Commissioners make the followmg FINDINGS OF FACT: A. Residential homes are located to the west and south ofthe property Adequate buffering With landscaping, fences, and low-level lighting will provide protection to adjoining landowners B. The adjoining property to the north is presently vacant. e. No eVidence has been presented to date that the 8,000 square foot facility will decrease the value of adJoming property 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be m harmony with the area in which it lS to be located and in general conformity with the plan of development for New Hanover County In support of this conclusion, the Commissioners make the followmg FINDINGS OF FACT. A. The 1999 Land Use Plan identifies the area as developed. The purpose of the Developed Class is to provide for continued intensive development of eXisting urban areas. B. Currently, the property IS vacant. 6. Therefore, because the County Commissioners conclude that all of the general specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the followmg conditions. A. Other I. All other applicable federal, state and local laws. Ordered this I st day of August 2005 Attest: /fJJ1i~ Robert G. Greer, Chairman S\ \~~tA ,--.~~~>1 Clerk to the Board Z 8 :L..C.H.:ll.f',' AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1985 CASE: Z-800, 07/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area Castle Hayne is hereby amended by removing the hereinafter described tract from RA Rural Agriculture Zoning District Classification and placing it entirely in the CD(B-2) Conditional Use Highway Business Classification, said land being described as follows: BEGINNING a tract of land to the Northwest of Castle Hayne Road (U S Hwy 117), a 60' public right-of way, approximately 1000' south of its intersection with North College Road (N C Hwy 132), and being more particularly described as BEGINNING at a point in the northwestern boundary of Castle Hayne Road and running thence with that right- of way, South 25000' West, 210 OOfeet to apoint, thence North 65000' West, 210 OOfeet to apoint, thence North 25000' East, 21000 feet to a point, thence South 65000' East, 21000 feet to the 44,100 square feet, or 1 01 acres, more or less (New Hanover County Tax Identification Number RO 1100-011-001-003 & RO 1100-011-003-000) Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Castle Hayne on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants ofthe County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 1 st day of August, 2005 ~ ~\~ \ ~~u\+ Clerk to the Board WIJ~ Robert G. Greer, Chairman Attest: Su. P:I::b 3.:3 G,. 2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Custom Car Shop in a CD(B-2) Conditional Use Highway Business District Z-800, 07/05 The County COlllllllsslOners for New Hanover County having held a publIc hearing on August 1,2005 to consider applIcation number Z-800 submItted by Withers & Ravenel for Harold Leonard to permit a Custom Car Shop in a ConditIonal Use Highway Business Distnct located at 5203 & 5207 Castle Hayne Road and havmg heard all of the eVIdence and arguments presented at the hearing, make the followmg FINDINGS OF FACT and draw the following CONCLUSIONS' The County Commissioners FIND AS A FACT that all of the specific requirements set forth m Section 72-27 of the County Zonmg Ordmance WILL be satIsfied if the property IS developed in accordance wIth the plans submItted to the County CommissIOners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed m the Ordmance; namely that the use will not materially endanger the publIc health or safety If located where proposed and developed according to the plan as submitted and approved. In support ofthis conclusion, the CommIssioners make the following FINDINGS OF FACT: A. The subject property has access from Castle Hayne Road (US Hwy 117). B. A well and septIc system will be utilIzed on site. C. The site is located within the Castle Hayne VFD. D. The site contains approximately 1 01 acres. 3 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general reqUIrement listed in the Ordinance; namely that the use meets all required conditions and speCIfications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT A. The project is proposed to expand an existing custom car shop. B. The existing custom car shop is 2,880 square feet C. The proposed expansion to the car shop IS 2,400 square feet with a maximum height of 14 feet. D. Mmimum setbacks and buffers shall be met in accordance WIth the Zoning Ordinance E. A traffic Impact study wIll not be required 4. It IS the County Commissioners' CONCLUSION that the proposed use DOES satisfy the tlmd general requirement listed in the Ordll1ance; namely that the use wIll not substantially injure the value of adJoll1mg or abuttll1g property, or that the use is a publIc necessity. In support of this conclUSiOn, the CommISSIoners make the following FINDINGS OF FACT. A. The proposed zoning for the subject propeliy is CD(B-2) Highway Business. B. The eXIsting car shop has been m eXIstence for several years C. The expanSiOn will require an upgrade to current zoning requirements and prOVIde an overall Improvement to the area. D. Buffering will be reqUIred to mitigate any effect on adjoining properties 5 It is the County CommIssioners' CONCLUSION that the proposed use DOES satisfy the fourth general reqUIrement listed in the Ordinance, namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area 111 which It IS to be located and 111 general conformity WIth the plan of development for New Hanover county. In suppOli oftlllS conclUSIon, the Commissioners make the following FINDINGS OF FACT' A. The site IS classified as Commu11lty on the 1999 Land Use Plan. The purpose of the Commu11lty classIficatIon is to provIde a "crossroads" type of development to help meet housll1g, shopping, employment and public service needs. 6 Therefore, because the County CommiSSIOners conclude that all of the general and specIfic conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satIsfied, IT IS ORDERED that the applIcatIon for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following condItIons: A. County staff will need to field verify areas of COD (Swamp Forest) as displayed on the County's offiCIal maps B. A tree survey will need to be submitted and reviewed. C. The existll1g driveway permit will need to be reviewed by NCDOT for any road modifications to the entrance of the proposed use. 7 Other' A. All other applIcable federal, state and local laws. Ordered this I sl day of August 2005 Attest: 1?b~~ Robert G. Greer, Chairman ~~~~ \ ~~\\ Clerk to the Board z f6 1 . 5.57 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.5 OF NE\V HANOVER COUNTY, NORTH CAROLINA ADOPTED July 6, 1971 CASE: Z-803, 07/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: SectIOn 1, The Zoning Map of Zoning Area No.5 is hereby amended by removing the hereinafter described tract from the R -15 ResIdential Zoning District ClassIfication and placing it entirely in the 0&1 Office & Institutional District Classification, said land being described as follows: BEGINNING at a point in the northwestern right of way of us Highway 17 (Market Street), said point being approximately 1, 330 feet northeast of the intersection with Alexander Road and Us. Highway 17, running thence from that point in the northwestern N/Wof U S Highway 17 and also the southwestern corner of the 2 03 acre tract northwest at an angle 190.40' to a point in the western property line, thence from said point 244 32 ' northwest, thence from that point and being the northwestern corner of the tract, northeast 205 32', thence from said point 542 65' southeast to the southeast corner of thetract and also the northwestern right of way of US Highway 17, thence 175 87' southwest along the northwesternNIW of us. Highway to the point ofbeginning, with tract identified as R03600-003-042-006, New Hanover County Land Records Section 2. The County Clerk is hereby authorized and directed under the superVISIOn of the County CommissIoners to Change the Zoning Map No.5 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 1 st day of August, 2005 ~\~~~ ~'~(~11\~ Clerk to the Board w~ Robert G Greer, Chairman Attest. 2.. B Z. c.. H :tlf-. 1, AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. lOA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1974 CASE: Z-804, 07/05 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. lOA is hereby amended by removing the hereinafter described tract from the B-1 Neighborhood Business Zoning District Classification and placing it entirely in the B-2 Highway Business Distnct Classification, said land bell1g described as follows: BEGINNING at the point of western right-of-way of Castle Hayne Road, said point being 182:1: feet south of the northeast corner of Parcel 3219077671 (2541 Castle Hayne Road), thence eastward across Castle Hayne Road to a point in the eastern right-of-way of Castle Hayne Road, said point being the northwest corner of Parcel 3129116389 (2530 Castle Hayne Road); thence along the northern property line of the same parcel 769 81:1:feet to a point in the property line; thence due south approximately 283:1: feet to point in the southern property line of the same parcel; thence westward along the southern line ofsaid parcel and across Castle Hayne Road 829.81 feet to a point in the western right-of-way line of Castle Hayne Road, said point also being in the eastern property line of Parcel 3129117392 (2529 Castle Hayne Road); thence north along the western right-of-way line of Castle Hayne Road to the point and place of beginning. In addition, to this described tract of land, the rezoning included the following: All of the adjacent property along the above described property's northern boundary owned by Fast Fare, Inc., Deed Book 1412, Page 1490 in the New Hanover County Registry and Wrightsboro Volunteer Fire Department, Inc., Deed Book 0806, Page 0556 in the New Hanover County Registry (Tax Parcel #RO 3315-002-004-000 and portions of RO 3315-002-005-000 and 006-000, RO 3315-002-003-000 and 3315-002-002-000). Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map of Zoning Map No. lOA on file in the office of the County CommIssioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of:. any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the ll1habItants of the County of New Hanover, North Carolll1a, and shall be in full force and effect from and after its adoption. Adopted the 1st day of August 2005. Attest: ~ Robert G. Greer, Chmrman ~\~lA ,_~~\~ Clerk to the Board 1<.tt 2~. ~5. 7 BOND ORDER AUTHORIZING THE ISSUANCE OF $21,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER WHEREAS, the County of New Hanover (the "County") has Issued Pubhc Improvement Bonds, Senes 1998, dated August 1, 1998 and $23,100,000 of such Bonds matunng m the years 2006 to 2018, mc1uslve, are outstanding (the "Outstanding Pubhc Improvement Bonds"); and WHEREAS, the Board of COillilllSSlOners of the County deems It adVisable to refund all or a portlOn of the Outstandmg Public Improvement Bond,S, pursuant to and 111 accordance With The Local Government Fmance Act; and WHEREAS, an applicatlOn has been filed With the Secretary of the Local Government CornrnisslOn of North Carohna requesting COillilllsslOn approval of the Bonds heremafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notlfied the Board that the apphcatlOn has been accepted for submlSSlOn to the Local Government COID1l11SSlOn; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows: SectlOn 1. The Board of Commissioners of the County has ascertained and hereby determmes that it IS adVisable to refund all or a pOlilOn of the Outstandmg Pubhc Improvement Bonds. SectlOn 2. In order to ralse the money required to refund the Outstanding Pubhc Improvement Bonds as set forth above, m additlOn to any funds willch may be made aVallable for such purpose from any other source, bonds of the County are hereby authorized and shall be Issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate prmcipal amount of bonds authorIZed by this bond order shall be $21,000,000. Section 3. A tax suffiCient to pay the prmclpal of and mterest on said bonds when due shall be annually levied and collected. Section 4, A sworn statement of the County's debt has been filed With the Clerk of the Board of Commissioners and IS open to pubhc mspection. Section 5 Tills bond order shall take effect upon ItS adoptlOn. (SEAL) N~97'!fC COYF. / /1cJd/~~ Robert G, Greer, Chmrman ATTEST ~ \~\tA ~_ ~t\JL\\ Sheila L Schult, Clerk to the Board A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the bond order hereinafter described has taken effect, and It is desIrable to make provlslOn for the Issuance of bonds authonzed by said bond order; NOW, THEREFORE, BE IT RESOLVED by the Board of CommIssioners of the County of New Hanover, North Carolina (the "Issuer"), as follows. (1) Pursuant to and m accordance with the refunding bond order adopted by the Board of CommisslOners on August 9, 2005, the Issuer shall issue its bonds of the aggregate princIpal amount not exceeding $21,000,000. (2) The bonds shall be deSIgnated "Refunding Bonds, Series 2005" (hereinafter referred to as the "Bonds"). The Bonds shall be deemed to refund the bonds bemg refunded wlthm the period of usefulness of the capItal projects fmanced by such bonds being refunded. (3) The Bonds shall be dated September 1, 2005 and shall bear interest from their date at a rate or rates WhICh shall be hereafter determmed upon the public sale thereof and such interest shall be payable on February 1, 2006 and semi-armually thereafter on August 1 and February 1. The Bonds shall mature on February 1 in each of the years 2006 to 2018, mclusive. Interest 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 precedmg an interest payment date. The Finance Director of the County shall determine the principal amount of the Bonds to be issued and the pnnclpal amount of each matunty thereof, provided that such amounts so detennined by the Fmance Director shall produce average annual savings of not less than $40,000. (4) The Bonds will be issued m 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 matunty 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 m pnnclpal amounts of $5,000 or whole multiples thereof, WIth transfers of beneficial ownershIp effected on the records of DTC and Its particlpal1ts pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable at the times stated in the precedmg paragraph, and princIpal of the Bonds WIll be paid alillually on February 1, as set forth in the foregoing maturity schedule, to DTC or ItS nommee as registered owner of the Bonds Transfer of princIpal and ll1terest payments to partlcipants ofDTC WIll be the responsibility ofDTC; tral1sfer of pnnclpal and interest payments to beneficlal owners by palilCipal1tS of DTC will be the responsibihty of such pmiicipants and other nomll1ees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervisll1g or reVleWll1g the records maintall1ed by DTC, ltS pmilclpants or persons actmg tlu'ough such paliiclpants 1 ( ;. In the event that (a) DTC detenmnes not to contmue to act as securities depository for the Bonds, or (b) the Issuer determines that contmuation of the book entry system of evidence and transfer of ownershIp of the Bonds would adversely affect the mterests of the beneficial owners of the Bonds, the Issuer WIll dlscontmue the book entry system wIth DTe If the Issuer fails to IdentIfy anotber qualIfied securitIes depOSItory to replace DTe, the Issuer will authentIcate and dellver replacement Bonds m the fonn of fully regIstered celilficates. Each Bond shall bear mterest from the mterest payment date next precedmg the date on WblCh it IS authentIcated unless It IS (a) autbentlcated upon an mterest payment date in which event It sball bem' mterest from such interest payment date, or (b) authentIcated prior to the first mterest payment date m whIch event it shall bear interest from its date; prOVIded, however, that If at the tIme of authentIcation interest is m default, such Bond shall bear interest from the date to WhlCh interest has been paid. The pnnclpal of and the mterest on the Bonds shall be payable m any COl11 or currency of the Umted States of Amenca that is legal tender for the payment of public and private debts on the respective dates of payment thereof. (5) The Bonds shall bem' the manual or facsimile signatures of the Chairman and the Clerk of the Board of eommlssioners of the Issuer and the offiCIal seal or a facsimile of the official seal ofthe Issuer shall be impressed or Imprinted, as the case may be, on the Bonds. The certificate of the Local Government COlmmssion of North Carolina to be endorsed on all Bonds shall bear tbe manual or facsimile signature of the Secretary of said CommIssion or of a representative deSIgnated by said Secretary and the celiificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be manually executed. In case any officer ofthe Issuer or the Local Government Commission of Nolih Carolina whose manual or facsimIle SIgnature shall appear on any Bonds shall cease to be such officer before the delivery of sucb Bonds, such manual or facsimile SIgnature shallneveliheless be valId and suffiCIent for all purposes the smne as If he had remamed 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 secunty under tills resolution until It shall have been endorsed by the authorized representative of the Local Govenunent eOlmnisSlOn and authenticated by the execution by the Bond RegIstrar of the celilficate of authentIcatlOn thereon. (6) The Bonds and the endorsements thereon shall be in substantially the followmg fonn: 2 , , NO.R- $ Umted States of America State of North CarolIna COUNTY OF NEW HANOVER REFUNDING BOND, SERIES 2005 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % February 1, _ September 1,2005 644800 REGISTERED O\VNER: 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 mdebted and for value receIved hereby promises to pay to the registered owner named above, on the maturity date specified above, upon surrender hereof, the principal sum shown above and to pay to the regIstered owner hereof, mterest on such princIpal sum from the date of this bond [or from the August 1 or February 1 next precedmg the date of authentIcation to which interest shall have been paid, unless such date of authenticatIOn is an August 1 or February 1 to which interest shall have been paId, m willch case from such date], such interest to the maturity hereof being payable on February 1, 2006 and semi-annually thereafter on August 1 and February 1 of each year, at the rate per aIIDUm specIfied above, until payment of such pnnclpal sum. The interest so payable on any such interest payment date will be paid to the person in whose name tills 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 busll1ess day) next precedmg such interest payment date. Both the princIpal of aIld the mterest on tIns bond shall be paId in any com or currency of the Umted States of America that IS legal tender for the payment of publIc and pnvate debts on the respectIve dates of payment thereof. ThIs bond is Issued m accordance with the RegIstered PublIc ObligatIOns Act, Chapter 159E of the General Statutes ofNOlih Carolina, and purSUaIlt to The Local Govenmlent Finance Act of the State of North Carolina, as amended, a bond order adopted by the Board of CommIssioners of the County on August 9,2005 (the "Bond Order") aIld resolutions adopted by SaId Board of C0l111mSSIOners on August 9, 2005 and , 2005 (collectively, the "Resolution") to refund a portion of the County's outstanding PublIc Improvement Bonds, Senes 1998 The bonds WIll be issued 111 fully regIstered fornl by means of a book entry system with no phYSIcal dIstribution of bond certIficates made to the publIc. One bond ceIiIficate for eaGh "> :J . . ,. matunty win be Issued to The Depository Trust Company ("DTC") and ImmobIlized in its custody. The book entry system will eVIdence ownerslnp of the bonds in principal amounts of $5,000 or whole multIples thereof, wIth transfers ofbeneficral ownershIp effected on the records of DTC and Its partIcIpants pursuant to rules and procedures establIshed by DTC. Transfer of pnncIpal and 1l1terest payments to pmiIcIpants of DTC will be the responsibIlity of DTC; transfer of pnncipal and interest payments to beneficIal owners by partICIpants of DTC WIll be the responsibIlIty of such participants and other nom1l1ees of beneficial owners. The County will not be responsible or liable for ma1l1ta1l11l1g, supervIsmg or revIewmg the records mamtained by DTC, its partIcipants or persons acting through such partICIpants. The FinaIlce DIrector of the County (the "Bond Registrar") shall keep at hIS office the books of SaId County for the regIstration and regIstratIOn of transfer of bonds. The transfer of this bond may be registered only upon such books 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 fonn as shall be satIsfactory to the Bond RegIstrar. Upon any such regIstratIOn oftransfer, the Bond RegIstrar shall delIver m exchange for thIS bond a new bond or bonds, regIstered 111 the name of the transferee, of authorized denom1l1ations, in an aggregate pnncipal amount equal to the umedeemed princIpal amount of thIs bond, of the SaIne maturity and beanng mterest at the same rate. Bonds, upon surrender thereof at the office of the Bond Registrar together WIth an aSSIgnment duly executed by the regIstered owner or hIS attomeyor legal representatIve 111 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 registered bonds of the same maturity, of any authorized denom1l1ation or denominatIOns and beanng interest at the same rate. It IS hereby certified and recIted that all conditions, acts and things required by the ConstitutIOn or statutes ofthe State of North Carolina to exist, be perfonned or happen precedent to or in the Issuance of tills bond, exist, have been perfonned and have happened, and that the amount of thIs bond, together with all other 1l1debtedness of the County, is with1l1 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 tenns. ThIS bond shall not be valId or become obligatory for any purpose or be entItled to any benefit or secunty under the Bond Order or the ResolutIOn mentioned here1l1 untIl thIS bond shall have been endorsed by the authorized representatIve of the Local Govermnent C0l111111ssion of NOlih Caro11l1a and authentIcated by the Bond RegIstrm'. 4 , " IN WITNESS WHEREOF, the County has caused this bond [to be manually sigIled by] [to bear the facsImile sIgnatures of] the Chairman mld the Clerk of the Board of ConmlissIOners of the County mld [a facsImile of] ItS official seal to be Impressed or Impnnted hereon, and trus bond to be dated September 1,2005, Chain nan, Board of ConnllissIOners (SEAL) Clerk, Board of CommIssioners 5 CERTIFICATE OF LOCAL GOVERNl\1ENT COMMISSION The Issuance of the within bond has been approved under the provlslons of The Local Govemment 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 provlslons of the within-mentioned bond order and resolution. COUNTY OF NEW HANOVER Finance Director, as Bond Registrar By Authorized Signatory Date of AuthenticatIOn: 6 , ;. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assIgns and transfers unto , the wIthin Bond and irrevocably appoints , attomey-m-fact, to transfer the withm Bond on the books kept for registratIOn thereof, with full power of substitutIOn in the premises. Dated: 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: NotIce: SIgnature must be guaranteed by an institution whIch is a participant in the Securities Transfer Agent MedallIon Program (STAMP) or similar program. 7 (7) Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or l1lS attomey or legal representatIve in such foml as shall be satIsfactory to the Bond Registrar, may, at the optlOn of the registered owner thereof, be exchanged for an equal aggregate pmlclpal amount of Bonds of the same maturity, of any denominatlOn or denOml11atlOns authonzed by thIS ResolutlOn and beanng l11terest at the same rate. The transfer of any Bond may be registered only upon the regIstratIOn books ofthe Issuer upon the surrender thereof to the Bond Registrar together with an aSSIgnment duly executed by the registered owner or hIS attomey or legal representative in such foml as shall be satIsfactory to the Bond Registrar. Upon any such reglstratlon of transfer, the Bond RegIstrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds, registered 111 the name of the transferee, of any denommatlOn or denommatlOns authorized by this Resolution, in an aggregate principal amount equal to the unredeemed pnncIpal amount of such Bond so surrendered, of the same maturity and beanng mterest 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 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. 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 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 as herein provided. The Issuer shall appoint such regIstrars, transfer agents, depOSItaries or other agents and make such other arrangements as may be necessary for the registratlon, registration of transfer and exchange of Bonds and for the timely payment of principal and l11terest With respect to the Bonds. The Fl11ance Director of the Issuer is hereby appointed the registrar, transfer agent and paying agent for the Bonds (collectively, the "Bond Registrar"), subject to the right of the goveming body of the Issuer to appoint another Bond Registrar, and as such shall keep at his office m Wilmington, North Carolma, the books of the Issuer for the regIstration, registratlOn of transfer, exchange and payment of the Bonds as provided 111 thIS Resolution. (8) The Local Govemment COlllllllSSIOn of North Caroll11a IS hereby requested to sell the Bonds and to state m the Notice of Sale of the Bonds that bidders may name one rate of l11terest for part of the Bonds and another rate or rates for the balance of the Bonds. The Bonds shall bear l11terest at such rate or rates as may be named 111 the proposal to purchase said Bonds which shall be accepted by smd Local Government COllllllissIOn. 8 (9) The Chaimlan and the Clerk of the Board OfCOlllllllssioners and the Fmance DlIector of tbe Issuer are hereby authonzed and dlTected to cause the Bonds to be prepared and, when they shall have been duly sold by the Local Govemment COlmmsslOn, to execute the Bonds and have the Bonds endorsed and authentIcated as provIded herem and to deliver the Bonds to the purchaser or purchasers to whom they may be sold by smd Local Govemment COl1ll11lSSlOn. (10) The Issuer covenants to do and perfonll all acts and thmgs pemlitted by law necessary to assure that interest pmd on the Bonds be and remam excluded from gI'oss income of the owners thereof for federal income tax purposes. (11) The Issuer hereby undertakes, for the benefit of the beneficial owners of the Bonds, to provIde: i) by not later than seven months :rr-om the end of each fiscal year of the Issuer, commencing wIth the fiscal year ended June 30, 2005, to each natlOnally recogmzed municipal securities mfonnation repository ("NRMSIR") and to the state information depository for the State of North Carolma ("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 Carolma, as It may be amended :rr-om time to time, or any successor statute, or, if such audited financIal statements of the Issuer are not available by seven months :rr-om the end of such fiscal year, unaudIted financIal statements of the Issuer for such fiscal year to be replaced subsequently by audited financial statements of the Issuer to be dehvered within 15 days after such audited financial statements become available for dIstributlOn; ii) by not later than seven months :rr-om the end of each fiscal year of the Issuer, commencmg with the fiscal year ended June 30, 2005, to each NRMSIR, and to the SID, if any, (i) the financIal and statistIcal data as of a date not earher than the end of such fiscal year for the type of infoTI11atlOn included under the heading liThe County - Debt Information and - Tax InformatlOn" m the OfficIal Statement relating to the Bonds (excludmg any information for overlapping and underlying units) and (ii) the combmed budget of the Issuer for the current fiscal year, to the extent such items are not mcluded in the audited financial statements referred to in (a) above; iIi) in a timely mmmer, to each NRMSIR or to the MuniCIpal Secunties Rulemakmg Board ("MSRB"), and to the SID, If any, notIce of any of the following events WIth respect to the Bonds, If matenal: 1. pnncIpal mld mterest payment delmquencles; 2. non-payment related defaults; 3. Ullsc11eduled draV\ls 011 debt Se1\TICe reserves reflectIng finanCIal dlfficul tIes; 4. unscheduled draws on credIt enhancements reflecting financIal dIfficulties; 9 5. substitution of credit or lIqUIdIty providers, or theIr failure to perfoml, 6 adverse tax opimons or events affectmg the tax-exempt status of the Bonds; 7. modlficatlOl1 to the rights of secuntles holders, 8. bond calls; 9. defeasances, 10. release, SubstltutlOn or sale of property securing repayment of the Bonds 11. ratmg changes, and 111 a timely manner, to each NRMSIR or to the MSRB, and to the SID, If any, notice of a farlure of the Issuer to provide required annual financial informatIOn described 111 (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 mld enforce the rights of all beneficial owners with respect to such undertaking, mcluding arl 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 mstltuted, had and maintamed ill the manner prOVIded ill thIS paragraph for the benefit of all beneficIal owners of the Bonds. The Issuer reserves the right to modify :rr-om time to tIme the infonnation to be provided to the extent necessary or appropriate in the Judgment of the Issuer, prOVIded that any such modification WIll be done ill a mamler consistent wIth Rule 15c2-12 issued under the Securities Exchange Act of 1934, as it may be arnended :rr-om time to time ("Rule 15c2-12 "), and provided fmiher that: I) any such modificatlOn may only be made m connectlOn with a change m circumstances that anses :rr-om a change in legal reqUIrements, change in law, or change m the IdentIty, nature, or status of the Issuer; Ii) the infomlation to be provided, as modified, would have complIed wIth the requirements of Rule 15c2-12 as of the date of the OffiCIal Statement relating to the Bonds, after taking mto account any anlendments or mterpretatlons of Rule 15c2-12, as well as any chmlges ill cIrcumstances; and ni) any such modification does not materially impaIr the illterests of the benefiCIal owners, as deten11lned eIther by pmiIes unaffilIated wIth the Issuer (such as bond counsel), or by the approvmg vote of the registered owners of a maJ onty m pnnclpal mnount of the Bonds pursuant to the tenns of this Resolution, as it may be amended fi'om tune to tIme, at the tIme of the amendment. 10 To the extent penmtted by the u.s. SecuntIeS and Exchange CommIssion, the County may discharge Its undertaking described above by transmitting those documents or notices electromcally to www dIsclosureusa.org. Any annual financIal info11l1atlOn contammg modified operating data or financIal mfOlmation shall explain, 111 nauatIve fonn, the reasons for the modIficatIOn and the impact of the change m the type of operating data or financIalmfo11l1atIOn being prOVIded. The provislOns of this Section 11 shall teIIDmate upon payment, or provisions having been made for payment 111 a manner conSIstent WIth Rule 15c2-12, in full of the principal of and 111terest on all of the Bonds. (12) The blanket Letter of RepresentatlOns between the Issuer and DTC IS hereby re- confinned. (13) The Board of C01mnisSIOners of the Issuer hereby approves the tenns of the Escrow DepOSIt Agreement by and between the Issuer and first-CItizens Bank and Trust Company substantIally in the form presented to the Board of CommisslOners (draft of 8/9/05) and hereby authonzes the officers of the Issuer designated therem to execute and deliver the Escrow DepOSIt Agreement in substantially such fonn WIth such changes and 111sertions as any of such officers shall deem necessary to accomplIsh the purposes for whIch the Bonds are being Issued, their executIOn thereof constItuting conclusive evidence of such approval. (14) The Chmrman and the Clerk of the Board of Commissioners, the County Manager, any Interim County Manager, the Fmance 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. This the 9th day of August, 2005. (SEAL) N~~ Robert G. Greer, Chaimlan ATTEST: ~~~~ ~~~~ SheIla L. Schult, Clerk to the Board 11