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1989-01-17 W&S Exhibit ":1 ~~J~.! ! " "'(" ":;1'{1' , I~':l!' - l \ ;f:,ftl'Jil':: I: I'l'!. ill'S i ' . !l .!~\: 1,1,11": ;j\i~J'::\ ' '. i~';I' " ;_ LI', ~." 'I" , 't-.\l' ' :~ j'I~1 V \ '1""it!11 :,,\": :, ,!' ~ ' I':: " il i.' ~'1.'J~ I I r:~trj,i,:' , "~,.., . ,;~ ~ . , . .~l J '. , ,.,1"1 j j ~:_;:~'t~.\\ ' ;i\..:,l.iii.".'~."iI l'~""{t:~ J. /:I~~!':1.: ; 'c~~'r.i;;~rl' r(.J~~'.i~:fl'; :If ~\.~t: ,. " , ;.i" .., . h 1 ,; ~ /; .,,11 :. .' ',I "j'. .!t: )':1 . i .. ,I f;,~:: .~, ~ \ '.IJ ':.1' ~l , '\ , <I' ,I . . ,I ,~. ~~.. , i ,j t \. ~. 0 , ll.~'.~ I , '. J '"~. " '!"l:.i ij: ::.l;:~ !~: ~ .t'~ i . :.J BOARD OF COMMISSIONERS NEW HANOVER COUNTY WILMINGTON, N.C. 28401 MEETING DATE: AGENDA INFORMATION COVER SHEET OTHER ITEMS AGENDA ITEM NUMBER: January 17, 1989 SUMMARY OF INFORMAT~ON: - Wa~er and Sewer District Commissioners are requested to conslder renewlng $6,062,000 Sanitary Sewer Bond Anticipation Notes which are payable February 15, 1989. RECOMMENDATION: - Adopt Resolution authorizing such. renewal. COUNTY MANAGER'S RECOMMENDATION OR COMMENTS: - Presentation BY: County Attorney ATTACHMENTS: jxxj YES j j NO SIGNATURE: ~ V~e- Depar~~VHead 1-13-89 DATE: , , . ", ' ~'t:; I .;. , ; 1'1 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT "f' : I.' ~ >i~, ,"':' ('.1 I ; ',:l;\"l 1\;:1' I r!." { ;"t .. I"~ ., ;j'l , ::'11 t ", ~ 'II "'J .,1; : .~ ~ '~:J l,~J~!*J~""',; :,l!~'ih;l: , l~, ! ,!~'i 'I" ~,.~ 1'i I ;~ ~:I , ,'I; ,"'jl , It"! ! ';" j'l '1, l;;' rl::-n!i 'I;~~L:,~ ;:i;4. " I,::: ::l~n: t: " ':\'fr1' : {t:t'l: }j. , .:" ,~ 'r!;i ",) * * * * * , '~'~j: j i;[i}( : J" . I "fi. , ' [ , presented the following resolution and moved that it be adopted: , ~l Ii; WHEREAS, the bond order hereinafter described has taken ef- fect and the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and : iL~ Sewer District, has issued $6,062,000 Sanitary Sewer Bond , " ; ,i i. ~~:tC -... IL:'!,,~; !<'!.';'" ~!Pi;;;" , b. ~jljl ' @ki,:' ! 11i~~/!1 Y (b~!' "I !i:);f: 'I; ':"111: , I',l." , ,I i j i::: " :'iir 1"'11:11 ,iT;!" , "I.;, !;l;P.i' ".',;:i\'l: f" .,',; .... t. 1;,:1', , i';hr, , ! : 1tp\i'~"'" I,l. l!: ':' t '; I ''r, ;,"'X: ! J",it; : ,. J'.:.l !". , , (' I it : j '..j, . :' I .~ ~f 'J: , .j';l "I ' 1, ~, , . :..( ~. ' Anticipation Notes dated November 16, 1988, payable February 15, 1989 to borrow money for the purposes for which bonds are autho- rized to be issued by said bond order; and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, desires to renew the foregoing notes in an- ticipation of the receipt of the proceeds of the sale of said sanitary sewer bonds, as hereinafter provided; 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 (the "Issuer"), as follows: (1) The sum of $6,062,000 will be borrowed by the Is- suer in anticipation of the receipt of the proceeds of the sale of bonds authorized to be issued by the sanitary sewer bond order, adopted by the Issuer on December 19, 1983, for the purpose for which said bonds are authorized to be issued. Negotiable notes, each designated "Sanitary Sewer Bond Anticipation Note," shall be issued for said sum so borrowed. (2) said notes shall be dated February 14, 1989, shall be payable August 16, 1989 and shall bear interest from their date at a rate which shall not exceed twelve per centum (12%) per an- num. Such interest shall be payable at the maturity of said notes. Each of said notes shall be signed by the Chairman of the !', I~: governing body of the Issuer and the Clerk of the Issuer and the seal of the Issuer shall be affixed to each of said notes. " ~ ::11 t, ~. ~ t J , ,"" ,'Ii; " oJ ' :: j ~ t \ '; ~~~ f ' i!;il'~/: " I , .(: 'J '; r , ' -2- , , !l . .'" 'l.y!. i; I:: \ ,l~. J: " ,I, ~, 'I ;;~\ ' ,.t ,~, ",..I " ", '! I ~ I, , ,It 'j, . ~\ , ~':ijTf~!rlr'. ,1:('1 ~l ~ ' (3) The power to fix the rate of interest to be borne by said notes and to determine the denomination or denominations of the notes and the place of payment of the notes is hereby del- egated to the Chairman of the governing body of the Issuer and the Clerk of the Issuer who are hereby authorized and directed to cause said notes to be prepared and to execute said notes when they shall have been sold by the Local Government Commission of North Carolina. (4) The Chairman of the governing body of the Issuer and the Clerk of the Issuer are hereby authorized to make applica- tion to the Local Government Commission of North Carolina for its , , i',l,..' approval of said notes in the manner prescribed by The Local Gov- , ' t.'" : \, '. ":", ernment Finance Act. Said Local Government Commission is hereby l~i ~;; ~ i. "f ,~ requested to sell the notes in the manner prescribed by said Act. ", I'; ", , ,( ;"11 'l;[;l" " ~,l t': I, ."1' , , ,f; I:. " said notes, when they shall have been sold by said Commission in the manner provided by law and when they shall have been executed in the manner prescribed by this resolution, shall be turned over to the state Treasurer of the State of North Carolina for delivery to the purchasers to whom they may be sold by said Commission. (5) The Issuer covenants, to the extent permitted by the Constitution and laws of the state of North Carolina, to com- ply with the provisions of the Internal Revenue Code of 1986 (the "Code") as enacted into law to the extent required to preserve the exclusion from gross income of interest on the notes for Federal income tax purposes. -3- l' : '!: .,>1 " '" . :,;i: I'; I n "'j~ ,.~ ~!. ',' h .' , I I ~ :1 ;,~.1; r 1::\;';;;,,1" ;",1. II " 'i'I,: . ,i.::\ r J 'I: ,; " , vI' " I \'i"~r 1':[',1: t , ., .'; ,:j; ~ I I' :1 .::";'.i'jii'" " ! Ihl'iit l'I:;!I';'IW' '11",,' , " , .r ~ I' '" I, ( I, ; II::' ~ : i;' ',:~ I ,'I \ r I,:", ~ .'.. ,', ~. :1 ::~ j h,." , i .,.) j:~ ;, ',,' " ! , ,. \ ,\} 1:;'1 '::';,jir: , '( 1 i, ' "1 '. The motion having been duly seconded and the resolution hav- ing been considered, it was adopted by the following vote: AYES: NAYS: * * * * * -4-