april 12, 2004 - city of charlottecharlottenc.gov/cityclerk/resolutions/april 12, 2004.pdf ·...

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April 12,2004 Resolution Book 38, Page 779 A RESOLUTION AUTHORLZMG THE REFWD OF PROPERTY TAXES ~ismrrde~fhesc~~f'T~andRefimdSReg~~~bedtatheh for eomMem60fl of ffie city chmil. Qn the bgsis of &at schwlule, which is inu)@ herein, the follmving faots am found: 1. Tb City-County Tax Colleebr has calleeted promtaxes &om the taxpy~~~~setoutonffielist.~hed~otbethe& 2. TIM City-Cotmty Tax Cotlector has d e d that those taxpayers have Illade propetdemandin~~fmforofthe~t~l~set~onthe81:~lla within the required time limits. JWW, llBREFORE, BE RESOLYED by the City COW of the City of Charlotte, No& CaK,h in regulrtr~onasrrembldthis 12th dayoflllipril, 2004thtthose taxpayers listed on the dedule of "Taxpayers and ltekds Raq-" be refunded in the amounts therein set up roydfhaf~~h~dthhimsdutionbe~~ponthe~desof~m~. I, Brenda R Freeze, City Clerk of the City of Chsrlaae, Nd Caaolina, DO HEREBY CERTIFY &at the fxegoingisatr~gande~aozcopyofalholution f&pd&theCity Comnoil~ftheCityof~~ N~C~a,in~~hmvdonthe12 dayofkprIl,20&lthc~hav@beentnade in Minute Book 120, and rtpcotded h ffiU in ResoMan Book 38, PMs) 779-780. WllNBSS my haad end the corporate 4 of fhe City of Charlotte, North Caroliaq this the 13* day of ApEil m.

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April 12,2004 Resolution Book 38, Page 779

A RESOLUTION AUTHORLZMG THE REFWD OF PROPERTY TAXES

~ i s m r r d e ~ f h e s c ~ ~ f ' T ~ a n d R e f i m d S R e g ~ ~ ~ b e d t a t h e h e & for eomMem60fl of ffie city chmil. Qn the bgsis of &at schwlule, which is inu)@ herein, the follmving faots am found:

1. T b City-County Tax Colleebr has calleeted prom taxes &om the taxpy~~~~setoutonffielist.~hed~otbethe&

2. TIM City-Cotmty Tax Cotlector has d e d that those taxpayers have Illade propetdemandin~~fmforofthe~t~l~set~onthe81:~lla within the required time limits.

JWW, llBREFORE, BE RESOLYED by the City COW of the City of Charlotte, No& C a K , h in regulrtr~onasrrembldthis 12th dayoflllipril, 2004thtthose taxpayers listed on the dedule of "Taxpayers and l tekds Raq-" be refunded in the amounts therein set up r o y d f h a f ~ ~ h ~ d t h h i m s d u t i o n b e ~ ~ p o n t h e ~ d e s o f ~ m ~ .

I, Brenda R Freeze, City Clerk of the City of Chsrlaae, N d Caaolina, DO HEREBY CERTIFY &at the fxegoingisatr~gande~aozcopyofalholution f&pd&theCity Comnoil~ftheCityof~~ N ~ C ~ a , i n ~ ~ h m v d o n t h e 1 2 dayofkprIl ,20&lthc~hav@beentnade in Minute Book 120, and rtpcotded h ffiU in ResoMan Book 38, PMs) 779-780.

WllNBSS my haad end the corporate 4 of fhe City of Charlotte, North Caroliaq this the 13* day of ApEil m.

A p d 12,2004 Resolution Book 38, Page 780

TAXPAYERS AND REFUNDS REQUESTED MORE THAN $1 00

(Clerical Error) Refund

Name - HACKNEY CHARLES L WOOD DONALD K MIT LIFETIME TRUST KEHOE INVESTMENTS LLC '

COBB WILLIAM S NEALY EDITH A DEESE CLAUDE THOMAS MECA RUV ESTATE COLLINS PATRICIA S CATHEY ALBlRTUS ALEXANDER MID STATE AUTO AUCTION OF SDL HOMES INCORP~RATED JERLEAN SCHIPHORST STATE EMPLOYEES CREDIT UNION MIT LIFETIME TRUST DWELLE JOHN M SR WALKER JILL M MEGORDEN RICHARD II MULVANEY GROUP LTD ELLIOTT STUART W REID STEVE W BOOKER ELIZABETH JARRELL ' JERLEAN SCHIPHORST JERLEAN SCHIPHORST JERLEAN SCHIPHORST JERLEAN SCHlPltORST BUFFALO GIRLS LLC WALGREENS M 8 3 PORTRAIT HOMES CONSmUCTION HAWTHORNE MILL LLC WALOREWS CO #W PHILLIPS D L INVESTMENT

Total

Amount $ 101.64

April 12,2004 Resoldon Book 38, Page 781

RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE, NORTH CAROLINA ON -

A motion was made by Co uncilmmber Cannon and seconded by Counoilmember Cruter

for the adoption of the following Resolution, and upon being put

to a vote was duly adopted:

WHEREAS, the North Carolina Department of Transportation is promoting a new program to encourage the devebpment of comprehensive municipal pedestrian and bicycle plans; and

WHEREAS, the Charlotte Department of Transportation is submitting a grant application to prepare a Pedestrian Master Plan for the City of Cnarlotte; and

WHEREAS, t?e City is committed to becoming a "walkable* community and has an aggressive Sidewalk ~r&ram to build sidewalks, but does not have a comprehensive document that addresses aU aspacts of-pedestrian mobility; and the purpose of the Pedestrian Plan is to provide a comprehensive overview of ail pedestrian needs, priorities and opportunities; and

WHEREAS, the City has recently hired a full time Pedestrian Program Manager to manage the Sidewalk Program and to serve as the C i i s pedestrian advocate; and

WHEREAS. City staff have estimated a total cost of $75,000 to prepare the plan and is requesting a NCDOT match of $37,500; and whereas the remaining balance will be funded from previously appropriated sidewalk funds;

NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Charlotte endorse the development of a Pedestrian Master Plan for the City of Charlotte.

I, Bnwda R Freeze, C i Clerk of the City of Char!otte, No& Carolina, DO HEREBY CERTiFY that the famgoimgisatmeandmactoqryofahlntion doped by the City Cotlncil &the City of Charlot$e, Nolts Carolina, in regular semion convened on the 12 day of April, 2004 the refhmca bavhg been made hMiauteBook120,drecordedhr~h~~BooL38.~~)781.

WlTNESS my band and snd cqude corporste of the K: of Cberlotte, North Carolina, this the 13' day of April 2004.

April 12,2004 Resolution Book 38, Page 782

EXTRACFS FROM MINUTES OF CITY COUNCIL

A R d a r Medng ofthe City C o d of the City of Charlotte, North C a r o h was duly held in the Meeting Charnber at the Chmlootk-Mecklenburg Goveinrnent Center in Charlotte, North Carolina, the regulaFpk of meeting, at 7:OO P.M. on April 12,2004.

Members Present: Mayor McCrory, Councilmembers Burgess, Cannon, Carter, Grabam, Kinsey, Lochman, Mitchell, Mumford, Tabor, Tumer

Also Present: City Manager Syfett, City Attorney McCarley, and City Clerk Freeze

Cmilmember Camon introducedthe fouowing resolution, a summary of which hnd been pvided to each C o u n h b e r , which & read by title:

A RESOLUTI& OF TBE CITY COUNCIL OP TKE CFI7r' OF ClURLOlTE, NORTa CAROLINA, A ~ ~ G TKE Amtov& E~CUTION AM) Dg-y OF A STANDBY Born Pmaam AGREEMENT m CONNEC~ION WlTH TBE CITY OF fX&lUB'ITE, NORTH CAROLINA VARL~BLE RATE Amom Rmmm6 Re- mms, SEBIES 1993A; AND P a m m e POR CERTAIN OTaE~lWmmsm cmemcno~ w m TBEEXECUTION A N D ~ ~ R Y OFTBE STANDBY BOND PURGHASE AGREEMENT.

WmREAS, the City ofCk10tte~ No& Carolina (the "Ci@") is && &The State and Loeat Govmnment Rev- Bond Act, General SWaztes of Noah Carolina, Section 159-80 et seq. (the "Act"), to issue, subjed to the approval of the Local Government Commission of North C a r o h Bt one time or fcom time to time revenue bonds and revenue refunding bonds of the City for the purposes as specifled m the Act; and

WHEREAS the City has previously issned $107,900,000 aggregate principal amomt of the City's Variable Rate Akpft Refunding Revenue Bonds, Series 1993A (the "Bo&")), of which $83,800,000 is currently 0- under the terms of (1) the Bond Order adopted by the City Council of the city on November 18, 1985 (the "Bod Or&"), as snppkmeatd by the F i i Supplemental Bond Order adoptad by the City Council of the City on June 8,1992 (the "First Supplemental BondOrder '3 and (2): the Series Resowon adopted by the C i Co& of the City on June 8,1992 (the "Series Resolsrtion");

W H E W the City d& to execute and deliver a Standby Bond Purchase Agreement to be dated on or about April 28,2004 (the "2004 S t d y Agreement") between the City and JPMorgan Chase Baak (the "Srmdly hcharm"), pursuant to which the Standby Purchaser will agree to plntohase Bonds &om time to time in accordance with the terms thereof, to replace the standby boad pachaw agemenf d y in e w and

W R E W , copies of the forms of the fobwing docomenti relating to the tramactions described above have been filed with the City:

April 12,2004 Resolution Book 38, Page 783

1. the 2004 Standby AgmmenG and

2. the Supplement dated onor about April 28,2004 (the "2008 S ~ J e m n t " ) to the Official Statement dated June 18,1993 (the "1993 Ojicial Statement") with rwpect to the Bonds.,

NOW THEREFORE, TTHE ClTY COUNCLL OF TIIE ClTY OF CHMLOn%, NORTH CAROLINA DOES RESOLYE AS FOLLOBX:

Se&nl. Thefomandcontentofthe2004Stand~A~entbeandthesamehereby are in all reqpects approved and confirmd, and the hhyor, the City Manager, the Director of Finance and City Clerk of the City be and they hereby are auk&& empowered, and directed to execute and &liver the 2004 Stand6y Agreement for and on behalf of the City, including necessary c o u n t a t p a r t s i n ~ ~ t h e f o r m a n d o o n t e n t ~ t o t h e C i t y , b u t w i t h ~ h ~ s , nmWhtbns, additions or deletions ther-ein as to them seem necessary, desirable or appmpriate, the execution thereof to d m t e conclusive evidence of his or her approval of any and all such changes, modifcatiopls, additions or deletibns therein, and that h m and after the execution and delivery ofthe 2004 Standby Agreement, the Myor, the City Manager, the Director ofFhmce and City Clerk oft& City are hereby aubrbd , empowered and directed to do all such acts and things andto~utedsu~h~ts~~beneoessargtocarryoutandcomplywiththeprovisions of the 2004 Standby Agreement as executed.

S d n 2. The form and content of the 2004 Supplement are in all re* authorized, approved and co-ed, and the use of 2004 Supplement is hereby in all respects authorized, approved and corn. The Mayor, fhe City m e r or Director of Finance of the City is authorized to execute the 2004 Supplement on behalf of the City.

Scctibn 3. The Mayor, the City Mansger, the Director o f F i i c e and the City Clerk of the City, or their respective designees, are hereby authorized, empowered and direoted to do anyand dother~andto~teangandmlothotherdo~~m~ts,~chthey,hinr~on,deem mamary and appropriate in order to consummate the tmxwtions contemplated by the 2004 Standby Apement; except &at none of the above is authorkd or empowend to do anything or execute any document which is in contravention, in any way, of ( 1 ) the specific provisions of this Resolution or the 2004 Standby Agmme& (2) any agmment to which the City is bound, (3) any rule or r e w o n ofthe City or (4) any applicpble law, statuteJ ordimme, rule or regulation of the United States of America or the State of North Carolina.

Section 4. acts and doings of the Mayor, the City Manager, the Director of Finance and the City Clerk of the City, and their respective designees, that are in conformity with the purposes and intents of this Resolution and in the fmthmmce of the execution, delivery and perfomawe of the 2004 Standby Agmment shall be, and the same hereby are, in all respects approved and ewfirmed.

Sediofi S. If any one or more of the agreements or provisions herein contained is held contrary to any expmw provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or for any reason is held invalid, then such covemfs, apmwnts or provisions are null and void and deemed to be separable from the remaining agFeements and provisions and in no way wiU affect the validity of any of the other agreements and provisions h f .

April 12,2004 Resolution Book 38, Page 784

S&n 6. A11 resolutions or parts thereof of the City Council in d i d with the provisions b i n i me, to the extent of such conflict, hereby supmeded and repaled.

Section 7. This Resolution i s effective on its adoption.

Upon motion of Councilmembet Carmon, secanded by Councilmember Mitchell, the foregoing order enditled: "A RIWLIITION OF CITY C o m a OF THE CITY OF C - ~ E , NORTH CAROLINA, AUTBOYUZING TEE APeRo~lu, EXECUTION AND DELWERY OF A STANDBY BOND AGREEMENT IN CbNNECTtON WITE THE CITY OF NORTR CAROLINA V m m lbm AtBpoa~ R ~ ~ ~ I N G REVENUE BONDS, SERIICS 19938; AND PRovmm~ r n ~ -AM 0- I k h w M co-ION WITA m EXECUTION b ~ )

DELIVERY OF THE STANDBY Born Porzca~~~ A=-" was adopted by the following vote:

Unanimous

PASSED, ADOPTED AND APPROVED this 12" day of April, 2004

I, B r e d R Freeze* City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIlPP that the fmgoing is a tme and exact -.of a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF -TCiC, NO- CAROLMA, AUTIIORE&lNG TBE APPROVAL, E m m AND m y OF A STANDBY Born PZTaCBASE AGREEMENT IN CONNX~ON wrra -rm CFFY OF -, NORTH CAROLMA VWLE aATE AIRPORT ~ ~ G R ~ V E N U E ~ S ~ ~ ~ A ; A N D ~ V T ~ M G P ~ ~ C E B T ~ ~ ~ ~ I N CONNEC~ON win% TBE EXECQTIQN AND D J ~ V B R Y OF TBE STANDBY BOM) Pm- AGREE-" adopted by the City Council of the City of Charlotte, North Carolina, in regular session convened on the 12& day of April, 2004, the refemme having been made in Minute Book 120, and recorded in ikll in Resolution Book 38, Pa&) 782-784.

JHTNZSSmyhandandthed ofthe~i~ofCharlotte,~~orth~lina,thisthe 13~dayof April, 2004.

[SEAL] Brenda R Freeze, CMC, City Clerk

April 12,2004 Resolution Book 38, Page 785

A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY

WHEREA4, the City Chmcil of the City of Charlotte finds as a fact that it is new- to acquire certain property aa indicated below for the C L W C R m BASIN SANITARY SEWERGRAVITY PROJECT; and

WHEREAS, the City eitherin good baith has undertaken to neg0tiat.a fcr the purchaw of this pmperty but has been unable to d an agreement with the ownam for tbe purchase price or, aRer reasunable diligence, has been unable to negotiate a purchase price:

NOW, TElEREFORE, BE IT BESOLVED by the City Council of The City of Charlotte, that wndemmtbn pmmdings a m hereby authorized to be instituted agninat the property indicated below, under the au$horityandprocedms ofthe laws of the State of North Camha: - Amount necessary for the CLEM CREEK &WRY SANITARY SEWJCSGE4VITY PROJECT and eathated to be 'tppz~ximafely &I16 sq- -6 (.$2S nore) for permanent unituy sewer e-ent and taeaporaq-eti~~~ emmmmt, and aey additional property or i n W ae the Citg m y determine to complete the PrcM aa it relate# to Tax P m 1 Nos. 187-131-86 and 137-141-87, sakl property c m n t l y owned by RICHARD D. NBWTON and wi&* LiBA D. MEWTON D A W A. VAU- and aile, AMY H. VAUOIIN; LARBP D. STOKE lad wife, DUN& A. STONE; and Any Other PutSea in Inte-6, or the ownerd ~~10x-fn-iaaerest.

Such eathatadjust m m p e m t i ~ n as may be detamhed baaed upon the takings required by the final mnatruction plans.

IT IS ~~R RESOLVED $hat the estimated jnst compenmtian far the pmpem is hereby authorized to be deposited in the O f i of the Clerk of Strperior Cod,, Macklenb- Come, No& Carolina, togather with the of the Camplaint and Declaration of T*.

I , BreadsR. F-, City Cledr of the City ofCbarbtte, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a Resolution adoped by the City Council ofthe City of Cherbtte, North Cam- in reguLu session convened on the 12 day of April, 2004 the reference having been made in Minute Book 120, and d in full in Resohition Book 38, Page(@ 785.

WITNEsS my hand and the oMpaate seal of the C i of Charlotte, North CsmSia, this the 13' day of April, 2004.

April 12,2004 ResoMon Book 38, Page 786

A RESOLUTION AUTHORlZING CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY

WHEREAS, the City Council of the City of Charlotte finde as a fact that it is necessary to acquire certain pmperty t y indicated below for the CLEAR CREEK BASIN SANITARY SEWER-GRAVITY PROJECT; and

WHEREA5, the City either ingaod faith haa underbken ta negotiata for the p d a a e of this property but has been unable to reach an agreement with the ownera for the p& price or, after reaaonahle diligence, ha8 been unable to negotiate a purchnse price;

NOW, THEREFORE, BE ITRESOLVED by tbe C i & u d l of The City of Charlotte, that oondemnation pmmdngn a m hemby antho* be ~ t u t e d againat the p&eitg indicated below, under the authority and @urea of the laws of the Scate of North C m k

h u n t n m for tge CLEAR CREEK $ASIN SANITARY SJWER-GRAVITY PROJECT and eatimatad to be appmximaterly 8@,646 square h t t.701 acre) fir p-spt sad* newer easement u ~ d h g o ~ ~ m & m c 4 b n -ant, and any additional property or intcsest as the *may dehnnhe ta eomplete the Pro*, as it relates to Tax Panre1 Nw. 187-131-14 and 137-131-16, mid pmperty currently owned by BETTI? B-RD ROUGH and apuee, if any, md Amy Other Partiw in Interest, or the ownerd sucmwor-in-in-.

JUST C O M P E N W

Such m t e d just oompenaation as may be determined baaed npon the tslriogs required by the final mmtrwtion plans.

IT IS FURTHER RESOLVED that the eslimated just e o m p d n for the pmperty i. hereby authorivied tq be deposited in the O 5 c e of the Clerk ofsuperior Court, Mecklenburg County, N&h Carolina, *ether with the f l b g of the CompLaint and D e b a t i o n of Taking.

I, &ends & F-, City CIerk of the City of Charlotte, Narth Ceroiina, DO REREBY ~~ Ihat the fmgemgisatroeandexnctoapyofaResoiution by the C i i Colmcil of the City of ChsrloSte, NoahCarolina,mregulsrse58ionoonvenedon of A@ 2084 tbe retkaw hsving been made in Minote Bees: 120, and recorded in full in ResotUtim Book 38, we) 786.

WlTKESS iny band and the copwata seal ofhe City of CiwloU8, North Carolina, this the 13* &y of ApdZ 2004.

April 12,2004 Resolntion Book 38, Page 787

A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR TFIE ACQUISITION OF CEKTAIN REAL PROPERTY

WHEREAS, the City Council of the City of Charlotte 6nds as a fact that it is necessary to acquire certain property as indicated below for the HICKORY QBOVE ROAD WIDENING PROJECT; and

WHEBEBS, t b City either in good- bas undertaken to negotiate for the pmhase of this pmperty but has been unable to reach aa agreement with the ownera for the purchase price or, afterreasanable diligence, haa been unable to negotiate a pnrehase price;

NOW, TEERENRE, BE ITRESOLVED by the City Council of The City of Charlotta, tbnt cvndemnation ~ ~ w a e d i w e are hereby authorized to be instituted against the property indicated below, wider the authority r;ld pmce&wres ofthe laws of the State of North Carohm

Amount nemsaarg. for the HICKORY GROW ROAD WIDENING PROJECT and estimated to be approximately 8,777 square &%t (-087 ram) for h-ahple, exkstbg rightoB%ny and bzupomry ~~ emcmemt, d aey aclditioaelpropwty or interest a8 the City may d e t e d n e to eomp1ete the IhW, a8 it r e h ta Tax b I No. 109- 159-01, erid proparty currenay owned by BESBAM ABDUL RAElUAN .nrl spoam it- JAMES E. WITEEEOW, FT MOLCTQkGIE CORPORATION, Benadidur; TIM, WC., Tnutee for NATfONE?iMNK N. A (nllJa BAWK OF AMERICA), BaPeil~iar37 STATE OF WORTE CAROLINA, Pwdble Judgnsnt C d t e r , 'PHE PRESBYTE3UN HOSPITAL, P d b l e Judgmemt Credibq d BPy Oaher Parti- &n Interest, or the owned successor-in-interest.

JUST COMPENSATION:

Such eethmted just mmpensatien aa may be d e t e r m i d based upon the takings required by the final comtrucdion plan^.

IT IS FURTHER RESOLVED that the estimated just oornpensation fm the propem is hereby authoxkd to be deposited in the Oftrce of the Clerk of Superfor Court, Mecklenburg Cow*, North C m b , together with the tBhg of the Complaint and D a t i o n &Taking.

J, Breoda R Freeze, City Clerk of the City of Cherlo&, North C a m h DO HEREBY CERTIFY that the hmgaingisatmeandBrsotcopyofaRBSOhnion adopd by the City Coancil of the City of Charlotte, N& Camlina, in regular d o n oonvemd on the 12 day of April 2004 the r & b m e having been made in Miaura Book 120, and raoorded in fall m Regolation Book 38, Page(#) 787.

WITNESS my hand and the corporate seal of the City of Charlotte, North Caroh, this the 13' day of April, 2004.

April 12,2004 ResoMon Book 38, Page 788

A RESOLUTION AUTAORlZTNG CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY

WHEREAS, the City Council of the City of Charlotte finds aa a fact that it is necessary to acquire cartain property .s indicated below for the CHABLESTON/MONROE STORM DRAINAGE I ~ L P R ~ ~ % E N T S PROJECT; and

WBEREM, the City eithsr in good Mth has undertds~ll to negotiate for the purchase of this propertg but has been mnable to r e d an agreement with the owqelrs for the pureham p h or, after masonable dilkgam, bas been unable to newtiate a pwhaae price;

NOW, THEllWO~. BE lT RE-SOLVED hy the Cay Council dTh. City efchadotte, that condemmtion pmxdings are hemby a ~ t h i z d ta be instituted a@mt the property indicated below, under the authority a& pmdnres ofthe laws o f b State of N o d C a m k

Amount nwemwy for the CHABLEBTO~ONROE STORM DRAINAGE DMPROVEMENTS PROJECT a a d ~ M t o b e ~ p ~ ~ 4 ~ 8 7 ~ k a t ~ a c i o r c a e ) b D r ~ t . n d t-W-W-0p eawment, and pnp addithnalp~speap or iutaest as the Citg may determine to cmnpIete the hJect, as zt la tea to lktrr P d No. 168.018-22. said pimpsdy c u B ~ m t 4 4 by D E B O M E. BlUNZUM nu4 mpoaae, if ray; SOOW k iCORBN, 'l'ruatsq INLukND MORTGAGE CORPORAImON, bmdSoiujrS A ROBERT WO1QB, l'nwteq NORTH CAROLINA HOUSING FlbU?W% AO]E.wCY, Bandbiujr, mad Other P d e m in latsmsat, or the owners' s u m r - i n -

Sudh dinmted jwt wmpmaution aa may be detsrminad bawdupaa the takings requin?d by the final a,-11 plans.

IT fS FfBTHEE RESOLVED t3mt the eatkated jwt aonrpomtion for the pmperQ ia hemby au$hoM to be deposited in the $e of the Clerk of Superbr Court, M d n b n r g County, North C a r o h , ~ t B e r w i t h t h e f i l i n g o f 8 h s C i o m p ~ t a n d a n d n o f T ~ .

I, Brenda R Freem, City Cluk of the City- of Cbetlot&, N d Carolina, DQ HEREBY CERTIFY that the fmgoing is a trae an8 exact copy of a Resolution ad by the City Council of* City of Charhb, Noah Qrolh, in mguk session oonvend on the 1 P day of Apr& 2004 the mhmce having been made in Mimute Book 120, and FeoMded in fall in Resolittion Book 38, Page(s) 788.

April 12,20011 Resolution Book 38, Page 789

A RESOLUTION AUTHOR.IZING CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY

WHEREAS, the City C o d of the City of Charlotte h d s as a fact that it M mmary to acquire oeftatn propeap as indieatedbelow tbr the SANITARY SEWEX-SERVE VERHOEFF DBlVB PROJECT;

%XEEUS, the City d&mfn gmd kith has undeaaten b n w t e tar the pun?hase of this pmperty bat has been unahIe to & an agmmmt with the owners for the pmhase prim or, &r maeonable d i & g % h c e , h a s b e e n ~ l e t o ~ b a p m h a e e p r i c e ;

PIOW, PEERSWBE, BE ITRJBOLVJ$D by the C&y Council of The City of Charbtts, that oondem~~tlo~ p w am hemby a ~ t h o z h d to be iastStntsd agnimt the property hdicatd below, under the a W @ - rm$ p d w s of bhe lam ofthe Stak, OfNorth C k d b

Amount nemasnry WF the SANITARY BIZWI~SERVE V$BHOElW D m PROJECT and e&mated to be appmzinately 11,608 ulpua BBet (-864 awe) for amdtyr sewer easement and temporary

and any aflditbnal pmpemCy or inttn'est an the City may deWdne to complete the Pcum%l No. 017-201-08, mid props* curcent& owned by WACHOVU BANK 8a

TWBV ~OMFAIUY, N. k, CHABLOTT& NC, TrPICee; C-CBLENBUaci TAX COLLQI:TO& TOW OF -LE, md kny Wer P.rties in Merest, OP the owners' w ( a m U o r - ~ - i n ~ .

Suah e&umted just m ~ t i o n a s may be detamkd basednpcnthe takinga reg& by theiinal -31plnna

IT IS FURTHER RESOLVED that the eathated juat cornpeneation for the pmperty is hereby authorized to be deposited in the Ofece of the Clerk of Superior Comt, Me3denbw-g County, North Cmlina, together with the &g ofthe Complaint and Deckation of Taking.

I, Bmda & Freeze, City Clerk of the Cify of Charlotte, North Carolina, WHEREBY CERTIFY thst the ~kgisabwsadex&copyofaResaluth ado$ad by the City -il o f h City of Charlotte, North Cerolina. m regular m i o n mvmed on the 12 day of April, 2004 the m k m e e having been made in Minu*: Book 120, end recorded in full in aesO1uh Book 38, w s ) 7119.

ApilL2,2004 ItBsoIdm Book 38, Page 790

Cammunkations wdu$on Among

City of Charlotte Neighborhood Development, Charlotte Charlotte-Mscklenburg Housing Partnership, Inc.

W h m s , the City of ChWotte Neighborhood Development, Charlotte Housing Authority and Charlotte MecWenbufg Housing Pamrship, IN. representthe thme major funders and pmviders of low and nmferate-imme househokis in Chdotte-Mecklenburg.

Whereas, the presewatlen and produdion of affordable housing are major and critical issues facing ChaMW-Weddenburg

Whereas, the resouroes to address local affordable housing are limited; and therefore, require couperatiin, odlabofafiion and communication among the major housing organizations to address the communitfs affardable housing needs.

Whereas, the mutual success of all the major hcusing organizations requires an environment of mutual goodwfn, mspecd and trust which in turn reqaids a h i i level of communimtt1on.

4 4

Therefore, Let It ibRsodved, that the City of Charlotte Neighborhood Development, Charlotte Housing Authority and Charlotte-MecWenburg Houslng Partnership, Inc. pledge to the foRowCng;

1. Engage in m a r mmunications to share infomation and resolve any issues between the organizations pertaining to affordable housing in CharlotteMecklenburg;

2. Direct the respective organizatton chief executives and key staffs to meet jointly, at least guarterlv, to sham infpoimation on houslng development and ffnance and discuss Issues relevant to the produdion and pre-sewation of affordable housing; and

3. Participate in an annual planning session to review capital funding requests and recommend local funding priorities to the Charlotte Housing Trust Fund and City Cottncil.

This resolution is agreed to and binding upon alf parties as repmsented by the signatures of fixed below, on ,2004

h

April 12,2004 aesOhtti0n Book 38, Page 791

I, Brenda R Freeze, City C l d of the City of Charlotte, North Carohm, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a Resotution ado$"' by the City Council of the City of Charlotte, North Cmliina, m war session convened on tix 12 day of A@, 2004 the reference having been made in Minute Book 120, aad recorded in full in Resolution Book 38, Page(s) 790-791.

April 12,2004 Resolution Book 38. Page 792

RESOLUTION AUTHORIZING W3ECUnON OF AN INTERLOCAL AGREEMENT BETWEEN

THE CllY OF CHARLOTTE AND MECIW3WURG COUNTY

FSTDWUS, mder Article 20 of Chapter 160A of the North Carolina General Statutes, as amendex& cities and counties are aufhon'ued to enter into in ter14 coowation mdatakhw with other lo& governments for the joint exercise of any power, &&ion, &lie enterprise, ri&, privilege, or immunity of local g o m e n t s in North Carolina; and

PEElUMS, the City of Charlotte and Mecklenburg County have, or soon will, enter in00 a Development Agreement among the C i the Caunty, Developers, Owners, and Guarantorsfor a project refeud to as the Elizabeth Avenue Ttededopment project; and

tVHEBBM, the Development Ageanent contemplates certain public participation in the ledizabeth Avenue Redevelopment project; and

WBEREAS, the City and the County have negotiated an Interlocal Agreement that establishes the rights and r&nsibities of the C i i&d the County with respect to the public participation hihe Elizabeth Averme Redevelopment project; and

HBEREA8, G.S. 8 160A-461 requires tb such agreement "...shall be ratified by resolution ofthe governing board of each unit spread upon its tainutee''; now, therefore, be it

RESOLFBD by the Charlotte City Council that the above-refmnced W o c a l Agrement is hereby approved and the City h h a g x is hereby &orbmi to execute such &mein£& in ~0.b~tanWly the form a&&dto thig m&tion and that this nsolution'shall be spread npon the minates.

CERTIFICATEON

I, Brenda R Freeze, Gity Clerk of the City ofChar1- North Caroliaa, W HEREBY CERTIFY that the foregoing is a tme and exact copy ofa Resolution a d o p i by tbe City Cotmil of the City of Charlotte, North Carolina, in regelm m i o n mnvened on the 12 day of April 2004 the dbrence having been made in Minute Book 129 and recorded in foil in Resolution Book 38, Pa&) 792.

'WIRJESS my hand and the carporate seal of the C i of Charlotte, North Carolina, this the 13" day of A* 2004.