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HomeMy WebLinkAbout1986-06-23 W&S Exhibit !. ...!.r. EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTING AS GOVERNING BODY OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT The New Hanover County Water & Sewer District met in Special Session to hold a Public Hearing on Monday, June 23, 1986, at 9:00 A.M. in the Assembly Room of the New Hanover County Administration Building, Wil- mington, North Carolina. Members present were: Claud O'Shields, Jr., Chairman Jonathan Barfield, Sr., Vice-Chairman John Dolan Nolan O'Neal Fred Retchin * * * * * * The Clerk of the Board of Commissioners and of the District reported to the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover Water and Sewer District, that the bond order enti- tIed, "Bond Order Authorizing the Issuance of $16,150,000 Sanitary Sewer Refunding Bonds of New Hanover County Water and Sewer District", and which had been introduced on June 16, 1986, had been published on June 17, 1986, with notice that the Board of Commissioners, sitting as the governing body of the District, would hold a public hearing thereon on June 23, 1986, at 9:00 o'clock, A .M. The Clerk of . ,"1 " '.. the Board of Commissioners and of the District also reported that the District's Finance Officer had filed in her office a statement of debt complying with the provisions of The Local Government Bond Act, and such statement as filed showed the net indebtedness of the District to be % of the appraised valuation of property in said District subject to taxation. moved that the Board pro- ceed to hold a public hearing on the sanitary sewer refund- Commissioner Retchin ing bond order. The motion was seconded by CommissiOTIPr nnJan and was unanimously adopted. At 9: 00 0' clock, 4....M., the Chairman of the Board of Commissioners announced that the Board of Commissioners, sitting as the governing body of the District, would hear anyone who wished to be heard on the questions of the valid- ity of the sanitary sewer refunding bond order and the ad- visability of issuing the sanitary sewer refunding bonds. At the direction of the Chairman, the Clerk of the Board of Commissioners and of the District read the bond order and the published notice of hearing. After the Board of Commissioners, sitting as the governing body of the District, had heard all persons who requested to be heard in connection with the foregoing ques- tions, Commissioner Retchin moved that the public hear- -2- ~ 'J U'~ ing be closed. The motion was seconded by Commissioner Dolan and was unanimously adopted. Commissioner Retchin moved that the Board of Commissioners, sitting as the governing body of the Dis- trict, adopt without change or amendment and direct the Clerk of the Board of Commissioners and of the District to publish as prescribed by The Local Government Bond Act the bond order entitled, "Bond Order Authorizing the Issuance of $l6,l50,000 Sanitary Sewer Refunding Bonds of New Hanover County Water and Sewer District", introduced at the meeting of the Board of Commissioners, sitting as the governing body of the District, held on June l6, 1986. The motion was seconded by following vote: Commissioner Dolan and was adopted by the NAYS: Claud O'Shields, Jr., Chairman Jonathan Barfield, Sr., Vice-Chairman John Dolan Nolan O'Neal and Fred Retchin None AYES: * * * * * -3- NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $16,150,000 SANITARY SEWER REFUNDING BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT" WHEREAS, New Hanover County Water and Sewer Dis- trict (the "District") has issued Sanitary Sewer Bonds, dated June l, 1985, in the aggregate principal amount of $17,000,000, maturing on June 1 in each of the years 1986 to 2005, inclusive (the "Sanitary Sewer Bonds"); and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of the Dis- trict, deems it advisable to refund'the $l6,l50,000 out- standing Sanitary Sewer Bonds pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Caro- lina requesting 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 accepted , ~ for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, as follows: Section l. The Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to refund the $16,150,000 outstanding Sanitary Sewer Bonds. Section 2. In order to raise the money required to refund the $l6,l50,000 outstanding Sanitary Sewer Bonds as set forth above, in addition to any funds which may be made ~vailable for such purpose fro~ any other source, bonds of New Hanover County Water and Sewer District are hereby authorized and shall be issued pursuant to The Local Govern- ment Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $16,l50,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the District's sani- tary sewer system may be pledged to the payment of the in- terest on and principal of refunding bonds authorized by -2- , ~, this order if and to the extent that the Board, sitting as the governing body of the District, shall hereafter deter- mine by resolution prior to the issuance of said bonds. In such event, the tax in the District to pay the principal of and interest on said refunding 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's debt has been filed with the Clerk of the Board of Commis- sioners and of the District and is open to public inspec- tion. Section 5. This bond order shall take effect upon its adoption. The foregoing order was adopted on the 23rd day of June, 1986, and is hereby published this day of June, 1986. Any action or proceeding questioning the validity of the order must be begun within thirty days after the date of publication of this notice. Lucie F. Harrell Clerk, Board of Commissioners County of New Hanover, and Clerk, New Hanover County Water and Sewer District, North Carolina -3-