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1993-12-06 RM Exhibits .-! AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY As provided by North Carolina General Statute 161-30, entitled "Modernization of Land Records," the Board of Commissioners of New Hanover County hereby enacts the following to be codified in the New Hanover Code: SECTION 1. The Register of Deeds shall not accept for recordation any deed of real property unless it appears that the assigned tax parcel identifier number, or numbers, adopted by the New Hanover County Tax Office is affixed to the face thereof. The tax number may be the specific number for that tract alone, the parent parcel tract number if the property conveyed has no specific number and is part of a larger tract, or the numbers for all the tracts which are a part of the property conveyed. If the property is described by metes and bounds and is part of a larger tract, the parcel identifier shall be in the form "Pt. 00000-000-000-000", or similar. If the parcel is described by metes and bounds and is a combination of all or part of two or more tracts, the tax identifier number shall be in the form "All/Pt. 00000-000-000-000" (first parcel) and "All/Pt. 00000-000-000-000" (second parcel). The Register of Deeds shall not be required to confirm the sufficiency or accuracy of the tax number or numbers appearing on the deed. SECTION 2. The New Hanover County Tax Department shall have exclusive authority to create and assign parcel identifier numbers consistent with existing requirements of the Department, to amend identifiers or migrate to identifiers as recommended by the State / of North Carolina, and to insure that no two parcels will be assigned the same parcel identifier number. SECTION 3. If after the recordation of deeds of parcels of land which have not been plotted on County cadastral maps with ass1gnments of a parcel identifier number, the County Tax Department determines the deed does not contain a description in sufficient detail for the New Hanover County Tax Department to locate and plot the parcel or parcels on County maps from the description standing alone and by examination of any recorded plats, maps, surveys, or other documents referred to therein, the person or persons responsible for the preparation and/or recording of the deed shall be required, after written request, to furnish such further information in their possession to the New Hanover County Tax Department to assist in the location and plotting of the parcel or parcels. If the description is solely by reference to prior recorded deeds or other conveyances, copies of said conveyances shall be attached to the deed when it is recorded. Upon written request by the New Hanover County Tax Department, deeds which contain errors or ommissions in information required by this ordinance shall be corrected by, and refiled by, the person or persons responsible for the preparation and/or recordation of the instruments. Before refiling any deed which contains errors, the corrected deed shall be presented to the Land Records Section in the New Hanover County Tax Department for review and stated approval. SECTION 4. The New Hanover County Tax Department shall have the authority to revise and update their records using all sources ,.. of information available to them. SECTION 5. Agencies of the government are not exempted from this ordinance. SECTION 6. Temporary easements are exempt from application of this Ordinance. SECTION 7. This ordinance shall be effective on January 1, 1994. This the /7A/ day of A,~ , 19,3. NEW HANOVER COUNTY 1Z~ Chairman, Board of Commissioners ATTEST T: ~ ~<I(/ ~ C erk to the Board NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: ROADS IN MISSION HILLS SUBDIVISION WHEREAS, the attached 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 in red on the attached 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 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 resol ution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 6th day of December , 1993. ~ W)TN~SS my hand and official seal this the ~ ,1993. cf~ day of 'vrL F. Harrell, Clerk New Hanover County Board of Commissioners Form SR-2 please Note: Forward direct to the District Engineer, Division of Highways. resolute.wp ; ~ RESOLuTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:30pm on the 2nd day of' November, 1993, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for NOxOUT Reagent for the WASTEC Facility of the Environmental Management Department, Bid # 94-0138: AND WHEREAS, the WASTEC Facility of the Environmental Management Department, the Finance Director and the County Manager recommend that the contract be awarded to Arcadian Corporation of Memphis, Tennessee, the lowest responsible bidder, in the amount of Two Hundred Twenty-Five Thousand Five Hundred and Four Dollars ($225,504.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4194-4230 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for NOxQUT Reagent for the WASTEC Facility of the Environmental Management Department, Bid # 94-0138 be awarded to Arcadian Corporation in the amount of Two Hundred Twenty-Five Thousand Five Hundred and Four Dollars ($225,504.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 6th day of December, 1993. 1?~iL. Chairman, Board of County Commissioners :;~~\ .. . BIDDERS LIST NOxOUT REAGENT Unocal Chemical PO Box 60455 Los Angeles, CA 90060 Cargill Fertilizer Division 19 Cargill, Inc. PO Box 9300 Minneapolis, MN 55440 Arcadian Corp. 6750 Poplar Ave. Suite 600 Memphis, TN 38138-7419 w. H. Shurtleff Co. PO Box 2800 South P6rtland, ME 04116-2800 35 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00pm on the 2nd day of November, 1993, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for Hydrated Lime for the WASTEC facility of the Environmental Mangement Department, Bid # 94-0137: AND WHEREAS, the WASTEC Facility of the Environmental Management Department, the Finance Director and the County Manager recommend that the contract be awarded to Eastern Ridge Lime Company, L>P> of Ripplemead, Virginia, the lowest responsible bidder, in the amount of Two Hundred Seventy-Four Thousand One Hundred and Fifteen Dollars ($274,115.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4194-4230 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Hydrated Lime for the WASTEC Facility of the Environmental Management Department, Bid # 94-0137 be awarded to Eastern Ridge Lime Company, L.P. in the amount of Two Hundred Seventy Four Thousand One Hundred and Fifteen Dollars ($274,115.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposits to the unsuccessful bidders. This 6th day of December, 1993. '1?J46~- Chairman, Board of County Commissioners ,.' ',1; {, HYDRATED LIME MAILING LIST BID # 94-0137 APG Lime Corporation Attn: John Elliott 3201 Willow Oak Road Charlotte, NC 28209 Telephone: (800) 423-7606 Fax: (704) 342-0272 Eastern Ridge Lime Company, L.P. Star Route Box 34 Ripplemead, VA 24150-9722 Telephone: Sales: Fax: (703) 626-7186 (800) 334-6239 (703) 626-7109 Chemstone Corporation PO Box 71, Route 629 Strasburg, VA 22657 Telephone: Fax: (703) 465-5161 (703) 465-5150 Southchem PO Box 1491 Durham, NC 27702 Telephone: Fax (919) 596-0681 (919) 596-6438 66 \.t RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County has been awarded grant monies from the North Carolina Department of Crime Control and Public Safety, WHEREAS, New Hanover County desires to accept said grant monies, NOW THEREFORE, BE IT RESOLVED by the Board as follows: That the County Manager be designated to receive grant funds on behalf of New Hanover County, and to execute any requisite documents and perform any obligations mandated of grant recipients. ADOPTED the 6th day of December, 1993. ~oidA~~ Robert G. Greer Chairman ~~~~L{ ~ I RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County has been awarded grant monies from the North Carolina Department of Crime Control and Public Safety, WHEREAS, New Hanover County desires to accept said grant monies, NOW THEREFORE, BE IT RESOLVED by the Board as follows: That the County Manager be designated to receive grant funds on behalf of New Hanover County, and to execute any requisite documents and perform any obligations mandated of grant recipients. ADOPTED the 6th day of December, 1993. ~tU-~ Robert G. Greer Chairman tli IJ.J ..,.. en 0.. < o L.U a: o CO ..J < ::2: a: o u.. % ~ % ~ o o a: IJ.J > o z < :I: rE % (/) c: L.U o o CO i I I lz 10 IC/J 'e:: Iw Ie.. if- IU i< 1* :u 511 ~ :-:1 . ~ >Iz .,...; <:)0,....., Lll!...., C/J ~ "'" ~ Ie:: "0 .::: IW >-.. < ,..Ie..<: ~II ~It; ~ ~I~i~ [I UJI 010 ~ >c.r:IOi:O i~1 I.~I 131il 1 ~!o >, wll cJ~ ~ ::2: c.r: IUJ I.;..< < ii'" Q) % ~I- ~ c:.::t;E-< 01 t:i:< Ul o >I~ <l.I %'^>IZ E ~!~;o cc >L.:.JIU ....., I 1 1 ~I 01 .w I .. ~lZ >10 w <:.Ii;!? ~ ::2: ;2IUJ ill <: Ie.. co % =If- P-< c: ~'U o <:.I'<..c: .wlf- ~ l~ w % .,...; L.U ,~I' 0 <l.I >,-,U :>::: 31 wi ~II~ c ::2: > - ~ ~I'='~ ~ ~If- c: IU C o ~ < 0 o <l.I[f-"O rEI ~,5 ; > ::::IU c..? wi ::2: <: % c: o o % UJ > ~ - O..j C o El ...... o o ll'\ \t'l o ~ C""I ~ - O..j c o El ...... co o . N C""I r-- ..... ..c: O..j c o El ...... o o . V"1 -::r 0'\ ..... ..c: O..j c c 5 ...... o o . c:- -::r .... N Z o ~ e.. G: U (/) IJ.J o C.:.l U z <: z C.:.l E-< Z H <: ::>.:: cG o E-< <: :> w ...J W ~ IJ.J !:: ~ll c o Ul :::. E I Cf.l I ~ 12:1 ] 1~1 ....., I (/) o CO Cl %0 :;w mtij U..J we.. C::::2: %0 oU (/)IJ.J C:f- w< 0..0 oW C <l.I E Q) CD co C co ::>.:: ~I ;:.., oW ~ CJ P.. o ~ 0.. iJj f- Z w ::E ::2: o o IJ.J f-5 ffiO ::Ef- f-% c:~ ceO a..u WU 0< f /'"', C' I RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, on November 1st, 1993, the New Hanover County Board of Commissioners found it was in the best interest of its citizens to regulate basic tier rates and associated equipment costs of cable operators that have been granted a franchise to operate cable systems within New Hanover County, and WHEREAS, since adopting this regulation and notifying the cable operators of such action, the cable operator had thirty (30) days to submit its initial rate schedule for basic rates and associated equipment on FCC Form 393 to be reviewed by the County; NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that additional time to make a rate decision is needed because: 1. County has received from cable operators FCC Form 393 based on benchmark regulations and hereby finds that it needs an additional ninety (90) days to review the rates. 2. Staff will meet with cable operator when rate calculation is completed. 3. Staff will make a recommendation to Board regarding the appropriate rates. 7. Board will make rate determination after public hearing allowing comments by interested parties. ADOPTED this 6th day of December, 1993. NEW HANOVER COUNTY /f?~ Robert G. Greer, Chairman Board of Commissioners ATTEST: AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 15 Water Supply System, Article I, Section 15-6, Private Water Systems, New Hanover County Code, is hereby amended as follows: Amend Section 15-6, Private Water Systems: Schedule of connection fees, water rates, and other fees, section 2, Connection on Fees and Deposits, Section C, Water Rate Schedule, bimonthly billing, subsections 2 and 3, amended as follows: (2) Water usage charge (to all customers); two months: First 10,000 gallons, per 1,000 gallons - $1.25; Next 100,000 gallons, per 1,000 gallons - $1.00; All water above 110,000 gallons, per 1,000 gallons - $.75. (3) The minimum rate (bimonthly) for services: Size of Water Minimum Meter Allowance Bimonthly (inches) (gallons Water bimonthly) Charge 5/8 5,400 $ 11. 00 3/4 7,200 $ 14.00 1 9,000 $ 17.25 1 1/4 17,500 $ 28.00 1 1/2 26,250 $ 40.75 "') 35,000 $ 57.50 <- Larger By Contract EXCEPT as amended, the ordinance shall remain in full force and effect. Enacted this t,..;z;,) day of , 1993. [SEAL) ROBERT G. GREER Board of County Commissioners ATTEST: ~ ~\/_- ~/ CI rk to the Board NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the County of New Hanover (the "County") has issued and outstanding General Obligation Refunding Bonds, dated December 1, 1985, maturing in the years 1994 to 2002, inclusive (the "Outstanding 1985 Refunding Bonds"); and WHEREAS, the County has issued and outstanding Solid Waste Disposal 'Bonds, dated July 1, 1989, maturing in the years 1994 to 2009, inclusive (the "outstanding 1989 Solid Waste Disposal Bonds"); and WHEREAS, the County has issued and outstanding Solid Waste Disposal Bonds, Series 1990B, dated December 1, 1990, maturing in the years 1994 to 2011, inclusive (the "outstanding 1990 Solid Waste Disposal Bonds"); and ~-_-:~ WHEREAS, the County has lssued and outstandin~ Solid I Waste Disposal Bonds, Series 1992, dated August 1, 1992, maturing in the years 1994 to 2013, inclusive (the "outstanding 1992 Solid Waste Disposal Bonds"); and WHEREAS, the Board of Commissioners of the County deems it advisable to pay and refund all or a portion of the outstanding 1985 Refunding Bonds, the outstanding 1989 Solid Waste Disposal Bonds, the outstanding 1990 Solid Waste Disposal Bonds and the outstanding 1992 Solid Waste Disposal Bonds (collectively, the "outstanding Solid Waste Disposal 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 Carolina 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, as follows: Section 1. The Board of Commissioners of the County has ascertained and hereby determines that it is advisable to pay and refund all or a portion of the outstanding Solid Waste Disposal Bonds. section 2. In order to raise the money required to refund the outstanding Solid Waste Disposal Bonds as set forth above, in addition to any funds which may be made available 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 principal amount of bonds authorized by this bond order shall be $30,000,000. section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. -2- Section 4. A sworn statement of the County's debt has been filed with the Clerk to the Board and is open to public inspection. section 5. This bond order shall take effect upon its adoption. The foregoing order was adopted on the 6th day of December, 1993, and is hereby published this 9th day of December, 1993. 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 -3- ", , EXTRACTS FROM MINUTES OF BOARD COMMISSIONERS A regular meeting of the Board of Commissioners of the County of New Hanover was held on Monday, December 6, 1993 at 6:30 p.m. in Room 100 of the New Hanover County Administration Building, 320 Chestnut street Wilmington, North Carolina, and the following Commissioners were pres~t: PRESENT : Robert G. Greer, Chairman E.L. Mathews, Jr., Vice-Chairman Sandra Barone William A. Caster William Sisson ABSENT: None * * * * * * The Clerk of the Board of Commissioners reported to the Board that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," which had been introduced on November 19, 1993, had been published on November 22, 1993, with notice that the Board would hold a public hearing thereon on December 6, 1993, at 6:30 o'clock, P.M. The Clerk also reported that the County's Finance Officer had filed in the Clerk's 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 County to be approximately 0.9% of the appraised valuation of property in the County subject to taxation. Commissioner Barone moved that the Board of commissioners proceed to hold a public hearing on the refunding \ At ~ o'clock, E.M., the Chairman of the Board of commissioners announced that the Board would hear anyone who wished to be heard on the questions of the validity of the refunding bond order and the advisability of issuing the refunding bonds. At the direction of the Chairman, the Clerk of the Board of Commissioners read the refunding bond order and the published notice of hearing. After the Board had heard all persons who requested to be heard in connection with the foregoing questions, Commissioner Sisson moved that the public hearing be closed. The motion was seconded by Commissioner Caster and was unanimously adopted. Commissioner Barone moved that the Board of Commissioners of the County of New Hanover adopt without change or amendment and direct the Clerk of the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," introduced at the meeting of the Board of commissioners held on November 19, 1993. The motion was seconded by Commissioner Sisson and was adopted by the following vote: Robert G. Greer, Chainnan AYES: E.L. Mathews, Jr., Vice-Chairman Sandra Barone William A. Caster William Sisson NAYS: None * * * * * * -2- STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, LUCIE F. HARRELL, Clerk of the Board of ss.: commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of New Hanover, located in the State of North Carolina, was duly held on December 6, 1993, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this~~ day of December, 1993. AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER J';"i",,~~t'"t.NOTICEiOi= d::~l\l!'i~~, :'~PTlbN,OFc;BOND~OR .", "1"" , -{'BOND/DRDE ~"'I "AUTHORiziNGI' ')ISSUANCE;OF.,~$30; ; GENE RAt 'OBLlGATI0Ni:\,I'.:.>i...',','.\ REFUNDING BONDS OF' feJ THE COUNTY OF "'N NEW HANOVER" '".1\.:.;.,'.'" I ' "rY,. WHEREAS, the County '01 New,! ~ (the "County] has Issued) I and OUl8tandlng GenenIl Obligation" , RefundingBorids, dated DeCIirnbef,~ . 1, 1985, matunng In the 'V88I'Bl994 to;~ 2002, inclusive. (the' f'OUtBtandiilg~l 1985 Refunding' Bonds"); and . ,,'f( k WHEREAS"the. Cou. nty'hBSJsl..:'. sued and outstanding Solid Waste'., Disposal Bonds, dated JUly 1, 1989;\' matunngin'lhil.years 1994 to 2009,\: I inclUsive (the,;'OulslandI 1llli9s6E; Lid", Waste o..........,.aond:I'). and" ,",r,~ ,;' .~~'. ...... '~'-1~1 ',':" "'WHEREAs,,1h8 Cou/iiy;hIls .;;;: sued ,and,outslandiilgSolid\Waste I Disposal Bonds; Series ,199OB;dated lDecember. ,:l,-'l990;lmatunngdn.'th8,. . '1994 to 2011;:1inc1usive,(lhe :,romsulslandl '1990 SoIId'Wasle'Ols;' ,~~.~~f~I~~j.~;1 .!'~,ilinch OutstaricJing"'SoIid I WBBIB' Disposal Bonds: 'Seri8smI92; dated fAulluslJ: 1992;matunng In the~. ,,,1 ~".to';2013, .,inclusive I, (the;.;'Out., . , standi~~,l992'SolId,WasteOisposal ';E!~[~E~ 'iadvisable',to,pay ,and,r8fund ,all;or,'8' "P<lIfi!ln: 01: 1he:!JuIBlaridlrig ',1985 : R8f; ';~lundirig Bonds"the Outstanding;l989, l'I,SoIid:Ji:waste'JOi8posal;"Boni:I8:21hi' 1~!Oulslanding;'l990 :SoIId',Wasle',Dis't '~iposaJ;:Bonds' a'nd;'ithe'~ng: ,{l992"SoIId'Wasle',DisposaJ, Bonds '\:'(coI/ei:!iveIY" thef'IClUt8tandlng !SoIId '~'WlllI18:'OispOSaJ:eo..ilIs'{)' piliau8nt.!if ,and: In, aa:onIance wtlh' The Local i:~~e~::~lj 1~~,fileCl,wtlh'Ihil:~'cif.:Ihil'1 II ,'. in8~~~~~ ~, :oI.,the,=,Iier'aln8f" '~ """ i8s'uiredi"';,Tlili':1iB-' 'iCai~~,A[~Bndthil~ ,;;~:::~;;~!!cl;~~' :a' . . IC8I1or'fhU,Deen .' , ,- itc),lhiilL.OC8J' <'iCom ., Before the undersigned, a Notary Public of said County and Slate, JAC088RINSON who, being duly sworn or affinned, according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGER ofIHE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDA Y STAR-NEWS in the City of Wilmington NOTICE OFADOPTION OF BONO ORDE R@@BOND ORDERAUTHORIlTNG THEI S SUANCE OF $307000~OOOGENERAL 0 BOND ORDER S30y was inserted in the aforesaid newspaper in space, and on dates as follows: 12/9., IX 1993 and at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. ~lASSlfIED ADV. MGR Title 10TH Sworn or affirmed to, and subscribed before me, this day of 0 EC , A.D ,19 93 In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. yYI~ ~ N'"ryfublk My commission expires 21st day of JUNE, 1994 , ldavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly n duly and legally served on the defendant(s) Ill~,,~ ';','';_" ',. . ~,', l'i'l",",..,Seclion,2dn,.., , ILmilnay,HUIlUired..to 'r8fu. nd:the. ..Out~-i;~' 'slandlng SolId.Wasle.Disposal Bonds], , as 88Ilorth _, In addition'to'any" 'Ii funds Whichmaybamade,avallabl<!,._, 19_ , lor .suchpurposli' from any olheI:,! , sourca,. bonds '11 the County, am, \ hereby.author1zad.and shall belll;: suedipurliuilnt,to ,The LocaI.Govllm:' I men! FinanceAcl 01 North Carolina: , The maximumaggragallt ,princlpal amount 01 bonds author1zed by this, bond order shall ba $3O'OOl),OOO. . ; SectiOO 3~ A tax ~to pay the principal ol'and Intarasl on aaId, bonds when ,due shall ba annually' levied andcol~. , , Sedtc;., 4. A ~ siatM.ent 0(, the County's dab! has beun filad wtlh' lIIe Cieri<. to the Board and Is open to public inspection. . Seclion 5, This bond order shalJ' Clerk of Superior Court ~ , j EXTRACTS FROM MINUTES OF BOARD COMMISSIONERS A regular meeting of the Board of Commis'sioners of the County of New Hanover was held on Monday, December 6, 1993 at 6: 30 p.m. in Room 100 of the New Hanover County Administration Building, 320 Chestnut street Wilmington, North Carolina, and the following Corrnnissioners were pres~t: PRESENT : Robert G. Greer, Chainnan E.L. Mathews, Jr., Vice-Chainnan Sandra Barone William A. Caster William Sisson ABSENT: None * * * * * * The Clerk of the Board of Commissioners reported to the Board that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," which had been introduced on November 19, 1993, had been published on November 22, 1993, with notice that the Board would hold a public hearing thereon on December 6, 1993, at 6:30 o'clock, P.M. The Clerk also reported that the County's Finance Officer had filed in the Clerk's office a statement of debt complying with the provislons of The Local Government Bond Act, and such statement as filed showed the net indebtedness of the County to be approximately 0.9% of the appraised valuation of property in the County subject to taxation. Commissioner Barone moved that the Bpard of commissioners proceed to hold a public hearing on the refunding bond order. The motion was seconded by Commissioner Sisson and was unanimously adopted. At ~ o'clock, ~.M., the Chairman of the Board of Commissioners announced that the Board would hear anyone who wished to be heard'on the questions of the validity of the refunding bond order and the advisability of issuing the refunding bonds. At the direction of the Chairman, the Clerk of .. - the Board of commissioners read the refunding bond order and the published notice of hearing. After the Board had heard all persons who requested to be heard in connection with the foregoing questions, rnmmi~~i~npr ~;55on moved that the public hearing be closed. The motion was seconded by Commissioner Caster and was unanimously adopted. Commissioner Caster moved that the Board of Commissioners of the County of New Hanover adopt without change or amendment and direct the Clerk of the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER," introduced at the meeting of the Board of Commissioners held on November 19, 1993. The motion was seconded by Commissioner Sisson and was adopted by the following vote: Robert G. Greer, Chairman AYES: E.L. Mathews, Jr., Vice-Chairman Sandra Barone William A. Caster William Sisson NAYS: None * * * * * * -2- NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the County of New Hanover (the "County") has issued and outstanding Parks and Recreational Facilities Bonds, dated November 1, 1990, maturing in the years 1994 to 2007, inclusive (the "outstanding 1990 Parks and Recreational Facilities Bonds"); and WHEREAS, the County has issued and outstanding Museum Bonds, dated September 1, 1989, maturing in the years 1994 to 2007, inclusive (the "outstanding 1989 Museum Bonds"); and WHEREAS, the County has issued and outstanding Airport Bonds, dated July 1, 1989, maturing in the years 1994 to 2009, inclusive (the "outstanding 1989 Airport Bonds"); and WHEREAS, the County has issued and outstanding General obligation Refunding Bonds, Series 1985, dated December 1, 1985, maturing in the years 1994 to 2002, inclusive (the "outstanding 1985 Refunding Bonds"); and WHEREAS, the Board of Commissioners of the County deems it advisable to pay and refund all or a portion of the outstanding 1990 Parks and Recreational Facilities Bonds, the outstanding 1989 Museum Bonds, the outstanding 1989 Airport Bonds and the outstanding 1985 Refunding Bonds (collectively, the "outstanding 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 Carolina 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, as follows: section 1. The Board of Commissioners of the County has ascertained and hereby determines that it is advisable to pay and refund all or a portion of the Outstanding Bonds. section 2. In order to raise the money required to refund the outstanding Bonds as set forth above, in addition to any funds which may be made available 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 principal amount of bonds authorized by this bond order shall be $17,000,000. section 3. A tax sufficient to pay the principal of and interest 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 to the Board and is open to public inspection. -2- it -, Section 5. This bond order shall take effect upon its adoption. The foregoing order was adopted on the 6th day of December, 1993, and is hereby published this 9th day of December, 1993. 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 -3- STATE OF NORTH CAROLINA ss. : COUNTY OF NEW HANOVER I, LUCIE F. HARRELL, Clerk of the Board of commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of New Hanover, located in the State of North Carolina, was duly held on December 6, 1993, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this ~ day of December, 1993. X Board of Commissioners of New Hanover AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER , " ;., 'NOTI'C'e 'O~" . .,,,' :,~'P:rION;OF aOND(ORbEAj qi~:A~~~~g;~g:)~l~ ISSUANCE OF $17,000,oOOP;1$ GENERAL OBLIGATION 1\1@ REFUNDING BONDS OF(I~ , THE COUNTY OF 4'!lW , NEW HANOVER", , ",iU .WHEREAS,.the,County,OI N8Wi " Hanover (the "County") has'issued , and ,outstandlngParfcs ,and ReCl8), , ational Facilltlea. Bond8,;da18d .'NO-. j.lIllIl1btr ,1, 1990, .meturing "In lIw!l I'~ :'19941.10 '2007;~lndualve:.(lhe,' \:0uIsIIIrid i1990P.ariaI'.and'Recre"J ,f . ' '\'1~:'; ,... utmndi"""""" eu i~ ',r~,-;r</"".:i,' ",.~~, ~. " ,years, 1 , 7"1 ':~rr,~.~'.1~:~:y~ii~ . WHEREAS, the Ccit.'n!Y'hasifS:' fsued 8fd outstandlngAlIJll?i1Ilonds,~ datll(L~uly 1, .1989,;metun"ll.m,the, 1~"1994 '1012009;'Jnauarie :(lhiIl ';"OulsIsnding,l989~Airport' " .j :~~;r~~~~f!!lt~' . ,~ ,sued. and, outstandl!1ll' GeilersJ, ObI.. 'l.gatlon' Refunding ',IBOrida; 1"Series'., (h19B5".-,: " , .~,,1~~~1985.~~~ ,'",nng'l;, '.1994',Io,2002,1In1;1 "duslve"(lhei"(ing,fl985 <", 'IundlnglllOridil")"and' "",,\;,,:1\. '::;'i,:f\~j:t:,"/';;"!' '{~." iW~;;~';"ii<\1.~:dd~r~flr'(~1!);,. ,7~'vr,;' "WHEREAS:,the:Bo8rd,OI,Conl';. ';missIoners,oI 'the. County.de8ms,n., ~'Io:p8Y!andrrefund'all,or.:a':'l' ,.portiOn.,.oI the. Outstanding .1990" .~Pari<s;,:and .RecrIlatlonaJ 'Fadllties' . . Bonds,Ahli'OulsIsndlng .1989;M.-::r1 i'!lT1,B0nd8',Ihe:Oummnding'.l989'Airi,~1 ,\port I aildthe 0utstarldIngl9851! "ReIti "IlOniI8' (CoIIectlve1y 'lhif' ;;8n<1lrij~~~~.!!tO~ii Before the undersigned, a Notary Public of said County and State, JACOB BRINSON who, being duly sworn or affirmed, according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington NOTICE OFADOPTIDN OF BOND OROE R@@BOND ORDERAUTHORIZING THEIS SUANCE OF S11.000,OOOGENERAl 0 BOND ORDER 17.,0 was inserted in the aforesaid newspaper in space, and on dates as follows: 12/9,lX 1993 and at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G S. of N C. I, I l;:p~~?: Board kn\lssioners 01 the County, has' asceri~ f.;taJned.and.herebydelllrmlnes.lhalin, (da,' advisable", 10 paYand,' refund all or,a~ ,.'Portion.OIthe OuIlitai'iding'BondS. 't1i [. ':~\~~1~~I&b:1In'~'~'ri.ls8:~1affidaVit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly :,.money.,.I8qU1red 10:. refund ,the ,Out-',> been duly and legally served on the defendant(s) I islanding Bonds as Il8llorthabove,"n& "additlon to any Iunds'whlch may'b'''! madBavaJiable,.lOrsuch pllrposil' I from any other soun:e,'bonds'ofthe, i . County " are ,hereby .authoriz8d,and! 19 , shall belssued pursuant to The LocaJ,.-, - I:=~~=a~' j. bY, tll,ll'8 bond order 8hall be, . $17.000,000. SectIon 3. A tax suIIlcient to pay. (the 'prindpaJ Oland Interest on sald ~ 'bOn<!swheil due shall be annuatiyl :i~Z::~~~11 ,'theCoilmys d8bt has been flled,wiIIi:: ,:the 'Clerk to the Board and Is open:lo, .. public Inspection. .', :,: ",. Section 5.,ThIs bond onlet: shalt'" 'takii'ellechlpOll,lls adoption. ,) Ojd/~~ vr- CLASSIFIED ADV. ~GR 10TH Title Sworn or affirmed to, and subscribed before me, this day ofOEt: ,A.D,19 93 In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. yn~~ ' Notary Public My commission expires 21st day of - JUNE ,19 94 Clerk of Superior Court RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County is in the process of refunding certain outstanding Solid Waste Bonds, and WHEREAS, the New Hanover County Board of Commissioners desires to structure such refunding so as to achieve substantial first year savings in order to off-set an anticipated loss in tip fee revenues resulting from pending litigation involving a constitutional challenge to the County's Flow Control Ordinance; NOW THEREFORE, BE IT RESOLVED by the New Hanover County Commissioners that the Local Government Commission is requested to approve the structuring of the bond refunding to enable the majority of savings from the refunding to be realized in the current fiscal year (1993-1994). ADOPTED this the 6th day of December, 1993. ~- Chairman Board of Commissioners