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1992-08-03 RM Exhibits 3TATE OF NORTH CAROLINA ...~ ss. : COUNTY OF NEW HANOVER I, ELMORE, Deputy Clerk of the Board of TERESA P. 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, a county of the State of North Carolina~ was duly held on August 3, 1992, proper Ilotice of said 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. ~ <.. . I have compared the attached extract with said minute~ 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 cor~ectly state the time when said meeting 711- ,~, .,z '.t' ~, !:::J..: ";",, '''< ' was convened and the place where such meeting was held and the ~ I t 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 3~~day of August, 1992. [SEAL] j~p~ Deputy Cler.k, Board of Corrunissioners " ',,~ 't' ' 76 -~..(;;/ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE " MAINTAINED SECONDARY ROAD SYSTEM '\. North Carolina County of New Hanover ~ ; 1 Ii' Road(s) Description: CREEKWOOD ROAD '.',.~. I 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 3rd day of Auqust , 1992. WI!.I',lvESS my hand 4lj/~,!,~-;[- and official , 1992. seal this the f~a/ day of .," / . o:;Z~\/ y~ Luc~e 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 76 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE' MAINTAINED/SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: DAVIS LANE 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 fvHEREAS, 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 resol ved by the Board of COlTUnissioners 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 forego.ing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3rd day of Auqust , 1992. WITNJfS my. hand t(, tt:"tt-J U and official , 1992. seal this the ~L~ day of (---'\~), \; v:/ .L // " /~.J2f!lt ~/ .....0;/ // YtP.-J-Ut-?{ L~cUe F. H~rrell, Clerk- New\Hanover County Board of COITunissioners Form SR-2 please Note: Forward direct to the District Engineer, D.ivision of Highways. resolute.wp 7.D NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE~MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: NASH A VENUE AND HILLSDALE DRIVE 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. / ',. . ~ ,~ l' ~ NOW, THEREFORE, be it resolved by the Board of Con~issioners 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. ,,;, l., CERTIFICATE \". The foregoing resol ution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3rd day of Auqust , 1992. W:1Z~~f~zr a hand and official , 1992. seal this the fa) day of .,l' .' _I'r /--', /} ;/. / ( l/' ~/ /(A> " .( \ ,/>>10(.(./ V ~7 t?n-R'/ ;/ tuqie F. Harrell, Clerk - NeW\.}ianover County Board of Commissioners , -' "~ .' :;.;, '. .. ~l-' 1 ' Form SR-2 Please Note: Forward direct to the District Engineer, Division of HiglHvays. resolute.wp 7-E RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the New Hanover County Social Services Department has surplus mailing machine equipment that it desires to sale as a trade-in on the purchase of new equipment; AND WHEREAS, the Finance office desires to sale these items by private sale pursuant to G.S. 160A-267; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County that the following equipment will be sold by the Finance Office by private sale; 1 Pitney Bowes Mailing Machine Model 6100 1 Pitney Bowes Envelop Stacker 1 Pitney Bowes Postage Scale Model 5042 1 Pitney Bowes Postage Scale A500 1 Pitney Bowes Mailing Machine Model 5600 This 3rd day of August, 1992. r C 7-F ....[i ____:'I.t ;\ EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The Board of Commissioners of the County of New Hanover, North Carolina, met in regular session in Room 301, Old County- _- Courthouse Building, Wilmington, North Carolina, the regular place of meeting at 6:30 o'clock, P.M., on August 3, 1992. The following Commissioners were: PRESENT: E. L. Mathews, Jr., Chairman, Jonathan Barfield, Sr., Robert G. Greer, Fred Retchin and William H. Sutton ABSENT: None * * * * * A representative of The New Hanover County Industrial Facilities and Pollution Control Financing Authority (the "Authority") appeared before the Board and advised the Board that the Authority had adopted a bond resolution authorizing the issuance of revenue refunding bonds in the principal amount of $4,600,000 and the execution and delivery of financing documents pertaining to the refunding of revenue bonds issued by the Authority to finance air and water pollution control facilities at the Chrome Plant in Castle Hayne now owned by Occidental Chemical corporation (the "Company"). The representative submitted to the Board drafts of a Trust Indenture between the Authority and Wachovia Bank of North Carolina, N.A., as Trustee (the "Trustee"), a Loan Agreement between the Authority and the Company, a Guaranty Agreement between Occidental Petroleum Corporation and the Trustee and a Bond Purchase Agreement between the Authority and paineWebber Incorporated (the "Underwriter"). The representative further stated that the Authority proposed to issue and sell the bonds to the Underwriter at a price of 100% of the principal amount thereof plus accrued interest and requested that the Board approve the issuance of the bonds. commissioner lowing resolution which Sutton introduced the fol- had previously been distributed to the Commissioners: 1-& '. 't RESOLUTION APPROVING THE ISSUANCE OF $4,600,000 PRINCIPAL AMOUNT OF POLLUTION CONTROL REVENUE REFUNDING BONDS (OCCIDENTAL PETROLEUM CORPORATION PROJECT), SERIES 1992 WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina, as amended (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any pollution control project for industry; to acquire, construct, improve and equip any such project; to issue revenue refunding bonds; and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority proposes to issue its revenue bonds in the principal amount of $4,600,000 (the "Bonds") and to lend the proceeds thereof to Occidental Chemical Corporation (the "Company") to refund $4,600,000 revenue bonds issued by the Authority in 1981 to finance air and water pollution control facilities at the Company's Chrome Plant in Castle Hayne, in New Hano'ver County (the "Project") previously owned by Diamond Shamrock Corporation and now owned and operated by the Company; and WHEREAS, the Board has heretofore held a public hearing, pursuant to public notice duly given, and has approved in principle the issuance of revenue refunding bonds to refinance the Project; and WHEREAS, the Act provides that no bonds shall be issued thereunder unless the issuance thereof shall have been approved by the governing body of the County and the Board desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the Board has considered the financing documents presented to it setting forth the terms of the revenue refunding bond financing; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of New Hanover as follows: -2- 7-H " (1) The issuance of the Bonds in the principal amount of $4,600,000 by the Authority is hereby approved. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to provide certified copies of this resolution to the Local Government Commission and to Bond Counsel. (3) This resolution shall take effect immediately upon its passage. Commissioner the foregoing resolution seconded the motion, and following vote: Sutton moved the passage of and Commissioner Retchin the resolution was passed by the AYES: Commissioners Mathews, Barfield, Greer, Retchin and Sutton NAYS: None -3- 7~ ~ I f STATE OF NORTH CAROLINA ss.: COUNTY OF NEW HANOVER I, LUCIE F. HARRELL, Clerk of the Board of Commis- sioners 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, a county in the State of North Carolina, was duly held on August 3, 1992, proper notice of said 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 August, 1992. 7-J EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS ~. The New Hanover County Board of Colrunissioners met in Regular Session on Monday, August 3, 1992 at 6:50 PM in the Assembly Room of the New Hanover County Courthouse, Wilmington, North Carolina. Members present were: E.L. Mathews, Jr., d1airman Robert G. Greer, Vice Chairman Fred Retchin Jonathan Barfield, Sr. William H. Sutton * * * * * Corrunissioner Fred Retchin moved that the following resolution be adopted: WHEREAS, the Local Government Commission of North Carolina has informed the Board of Commissioners of the County of New Hanover (the "Issuer") that it has sold in the manner prescribed by law the Issuer's $995,000 Solid Waste Disposal Bonds, Series 1992, dated August 1, 1992 (the "Bonds"), and that the contract of sale contemplates that the Bonds shall be payable and bear interest as hereinafter provided; and WHEREAS, the Board of Commissioners desires to take such actions as are necessary to approve the terms of such sale: NOW THEREFORE, 7~ BE IT RESOLVED by the Board of Commissioners of the - Issuer, as follows: ~. 1. The Bonds shall mature in the years and principal amounts and bear interest at the rates per annum as follows: bonds payable in each of the years 1994 to 2005, inclusive, 6.00% per annum; and bonds payable in each of the years 2006 to 2013, inclusive, 6.10% per annum. 2. This resolution shall become effective upon its adoption. Camnissioner Willian1 H. Sutton seconded the motion, and the motion was adopted. The vote on the adoption of the resolution was as follows: AYES: E.L. Mathews, Jr., d1airman Robert G. Greer, Vice Chainnan Fred Retchin Jonathan Barfield, Sr. William H. Sutton NAYS: None. * * * * * * -2- r;' ~...... ~. I: ,~ . . ~~)~t..l;: :;.. .~~.. :: ~~~. ;'. '. ~~ 'J...&w J{qiwver CountY '13orir! of Co;nmfssioners " " ,,':.' ",' ,,' "'1\isot!itw~ " ',',~ '," "'" '" .. . I ; I -. . " '., _ I~' '. . I l RESOLutION 'CONCERNING, THE PROPO?ED ESTABLISHMENT OF'A MARJNE ,FISImRY RESERVE OFF 'THE . COAST Of NEW I.IANQVER COUNTY ' " , .,' ~ , , ~. ~l :', .....- . '..,I,t,. ... , '" ~. . I ~ WHEREAS, ,NeW'" H~nover c'ounty recognize::;, the importance 'o~ recreational and commercial fisheries to' t~e fo~nty, St~te, ahd 'nationai economi~s'; " ' '. ' ." , \ . '.' . ",. ';. ~ I I I: :.. , .. ' , WHEREAS, ~ew" Hah9ver County' h&s been a' .lea<;ier among North ca'i'~lina' coast'a.l;' commun.~ties .in ,l,u).d,ert<;iking . environmental proteption measurers" for the, purpo~e of preserving the fisherie$ in ,estuar;i.ne ar'eas,; ,". '" ';' . ' ", ~ . ... . WHEREAS, ~~yf' Hanover~~' cQu;nty un:derst~-nds' the concept of establi:shing' MaJ;'ine Fishery ~ese.rves' '( "No' Fishing; Zones") in certain key areas along th~, coa:st of' the $outheastern united states in order,' to protect critical' spat-tn.tn:g' stock a,nd ecosystem . balance, :" ' ~ '<~' .... . . .. ' " -' . '. . . ' '. . . ,;....,.. .~ ~ .' " . .. ~ . '" WIIEREAs,'.there....appears to' be a 'poss{bi'lity 'that a Ma'i:'i~e Fi~hery Re,Sel;"Ve may. be., iqcated. off the. 'coast of New Hanover county' (P.A-2, NMFS-SEFC-26l); , :- . . . " . . . . . ":," ., ~. :'. ':'. . ~. .:'" ',: . '. ",'" . ", _ ," . :' t' ", MM. . WHEREAS, an" important cr'iterion, tor 'tne.' establishment of Marine Fishery :R'e~erves" is t'q lopate,' them away from major urban centers (p"22,.'N~S-SEFC-261);~'iti . order. to minimize impact to local econq~ie.s; ".::.,,:-, ,...." , ,. . '., . . . . '. : : "'i' .~'''' ~~ :'. '..: , .' . I....., ".: ' ."'. WIlER.E;A.S, . Ne\y" Han.ov~r. Coui).ty,.-;.ho,wevet, "'i~' 'the moist urbanized area on the North carolina coast; , : " .' ",: :: " .: .' .....: :.' :. " : .'.:. ; . ': '. ., .,' . NOW, TI:IERJiFO~,- BE: I~ RESOL~ that;. t;:he "NeW Hanover County Board o'f COIJUTli~sioners ~trongly' requests' that" :no Marine Fishery . R~serve' be" esta,b.iished 'adj acent . to tbe cQp,st of New Hanover . County, 'in o~der.to co~piy ~~t~. th~ above siting criterion. '. . '., . " . ~ " ~ . .." ,M . - ; AIJOPTIID t~i~. ti)~ ~ W(-..-' ~aY Clf A~9Ust, 1992.. " , . ., L . Mat ws, Jr., . Ne~ ~an9v r Gou~ty Bo .' .:,,' 9or:nmissioners '. . ., .' I , .' I- ; " ". .;..: . , ' '7 -(11 RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD HILLSDALE SUBDIVISION WHEREAS, a petition has been filed pursuant to N.C.G.S. 153A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a public road; Beginning at a point in the northwestern right-of-way line of Wesley Avenue that is the southwestern corner of lot 117 as shown on the plat of Hillsdale Subdivision: Section 3, recorded in Plat Book 5, Page 14 of the New Hanover County Registry; extending from said point southeast 150 feet to the southeast corner of lot 117; thence south 50 feet to the northwestern corner of lot 157 as shown on the plat of Hillsdale Subdivision: Section 3, recorded in Plat Book 5 Page 14 of the New Hanover County Registry; thence from said point 150 feet northwest to the northwest corner of lot 159, Hillsdale Subdivision; thence from said point 50 feet north to the point of beginning. NOW, THEREFORE, BE IT RESOLVED, that this Board is considering closing said road to public use, and that a public hearing on this question will be held on the 8th day of September, 1992, at 7:30 p.m. in the Assembly Room of the Old County Courthouse, 24 North Third Street, Wilmington, N.C. at which time the Board will hear all interested citizens and make a final determination as to whether the unopened road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 3rd day of August, 1992. t/~ Attest: