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1992-11-02 RM Exhibits NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: OFFSHORE COURT AND FREEBOARD COURT CROSSWINDS SUBDIVISION (FILE # 728-N) WHEREAS, ~he a~~ached pe~ition has been filed with ~he Board of County Commissioners of the County of New Hanover requesting ~hat ~he above described road(s), the location of which has been indicated in red on ~he a~~ached 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 s~andards and criteria es~ablished by the Division of Highways of ~he Department of Transportation for the addition of roads ~o the System. NOW, THEREFORE, be i~ resolved by the Board of Commissioners of the county of New Hanover ~hat ~he Division of Highways is hereby requested ~o review the above described road(s), and to take over ~he road(s) for maintenance if they meet established s~andards 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 2nd day of November , 1992. W~and an~ ~~~~~ial seal this the ~ day of Lu ie 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 . " -v RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A - 20 WHEREAS, the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") desires to provide for the construction on certain County-owned real property (the "Project") named the Mid-South Branch (also Myrtle Grove Branch) Library to provide additional library services to County residents in the southern part of the County; and WHEREAS, the Board desires to finance the Project totalling approximately $764,000 with approximately $231,238 from a Federal Department of Education Grant, $50,000 from the State of North Carolina, and $438,362 through an installment financing contract (the "Contract") with First Union National Bank of North Carolina, Charlotte, North Carolina ("First Union"), obligating the County to repay amounts financed at a fixed annual interest rate of not more than 6% over a term of approximately seven (7) years, resulting in a total amount financed not to exceed $438,362, an average annual payment of approximately $74,803 and total payments of approximately $518,228. Pursuant to a proposal submitted by First Union to the Board; and WHEREAS, pursuant to NCGS Section 160A-20, the County is authorized to finance the construction and lor renovation of the Project by entering into an installment financing contract which creates in the Project a security interest to secure payment of the obligation thereby created; and WHEREAS, subject to the prior approval of the Local Government Commission of North Carolina (the "LGC") pursuant to NCGS Section 159-148, the County intends to finance the Project pursuant to said Section 160A-20 by executing and delivering to First Union the Contract providing for the financing of a principal amount not to exceed $438,362; NOW, THEREFORE, BE IT RESOLVED that the Board meeting in regular session on the 2nd day of November, 1992, make the following findings of fact: 1. The proposed contract is necessary and expedient because the amount to be financed is small and any other method of financing would be more expensive and time consuming. 2. The proposed contract is preferable to a bond issue since the County does not have a "two-thirds" bond option this fiscal year due to no "net debt reduction". The small amount of financing needed also lends itself to installment financing. The sum that falls due under the Contract on an annual basis can be included in the County's budget without difficulty, and are not excessive for the Project. -' ... 3. The County attorney has advised the County that the Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina. 4. There will be no increase in taxes necessary to meet the sums to fall due under the proposed contract. 5. The County is not in default on any of its debt service obligations. 6. The County's past Comprehensive Annual Financial Reports indicate the debt management procedures and policies have been carried out in strict compliance with the law and the County has not been censured by the LGC, external auditors, or any other regulatory agencies in connection with such management. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to act on behalf of the County in filing an application with the LGC for approval ofi the Project and the proposed financing contract and other actions, including contracting with the County's bond attorney, LeBoeuf, Lamb, Leiby and McRae, not inconsistent with this resolution. This resolution is effective upon its adoption this 2nd day of November, 1992. ~ RESOLUTION A mot i on was made by Vice-Chairman Robert G. Greer (Name and Tit1 e) and seconded by Commissioner Fred Retchin for the adoption of the (Name and Title) following Resolution, and upon being put to a vote was duly accepted: WHEREAS, a grant in the amount of $77,151 has been approved by the Department based on a total estimated cost of $1,888,890 and WHEREAS, an amount equal to or greater than 50% of the non-federal share of the total project cost has been appropriated by the Sponsor for this Project. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE Cba; Xn;JrI T) (Title) ~ of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed.upon modification thereof. I, Lucie F. Harrell, Clerk to the Board of County of . Com.rru.ss~oners (Name and Title) the New Hanover County do hereby (Sponsor) certify that the above is a true and correct copy of an excerpt from the minutes of the NeWT Ham V'er.. cburi:Cy Board of ComroissioIEffTa meeting (Sponsor) duly and regul arly held on the 2'nd day of NOvember" 19 92 . r'- ~~ EAL