STATE OF NORTH CAROLINA MUD CREEK WATER AND SEWER DISTRICT
COUNTY OF HENDERSON JUNE 3, 2002
The Mud Creek Water & Sewer District Board met for a regularly scheduled meeting at 9:00 a.m. in the Commissioners= Conference Room of the Henderson County Office Building at 100 North King Street, Hendersonville, North Carolina.
Those present were: Chairman Bill Moyer, Vice-Chair Marilyn Gordon, Commissioner Grady Hawkins, Commissioner Don Ward, Commissioner Charlie Messer, County Manager David E. Nicholson, County Attorney Angela S. Beeker, and Clerk to the Board Elizabeth W. Corn.
Also present was Assistant County Attorney Jennifer O. Jackson.
PUBLIC HEARING To Consider the Abolition of the Mud Creek Water and Sewer District
Jennifer Jackson explained that on April 17, 2002 the Board of Commissioners, on behalf of Henderson County and the Mud Creek Water and Sewer District, scheduled a public hearing for tonight to consider the abolition of the Mud Creek Water and Sewer District. Since the procedure on this public hearing was a little out of the ordinary, Ms. Jackson distributed a proposed procedure. She informed the Board that this public hearing was advertised in the Times-News on May 20, 2002.
The Mud Creek Water and Sewer District was formed by the Henderson County Board of Commissioners on August 1, 1998 under the authority of Article 6 of Chapter 162A of the North Carolina General Statutes. The formation of this District has been codified as Henderson County Code Chapter 504. NCGS 162A-87.2 governs the abolition of the Mud Creek Water and Sewer District. Action to abolish such district is appropriate only after holding a properly noticed public hearing and upon the Board=s finding that there is no longer a need for a county water and sewer district and that there are no outstanding bonds or notes issued to finance projects in the District. Any abolition of the District would be effective at the end of the fiscal year in which action is taken to abolish the District.
On December 20, 2000, the County and the City of Hendersonville entered into an agreement concerning provision of sewer services within the Mud Creek Water and Sewer District (codified as Code Ch. 504). The Mud Creek Agreement calls for the City of Hendersonville to provide sewer services in that District. Section IV of the Agreement contemplates that the boundaries of the District would be redrawn to more accurately reflect the drainage basin of Mud Creek. That Section IV also reserved the right of the County to determine whether that new district would be a formal district or a service area. This work was accomplished by joint efforts between the County, the City, and the Mud Creek District Advisory Council with the outcome being a sewer service area to be known as the Amended Mud Creek District. The Commissioners approved the boundaries of the Amended Mud Creek District on November 14, 2001 but reserved action on the effective date. It is contemplated that the Amended Mud Creek District would be effective July 1, 2002, but action by the Board of Commissioners and the City of Hendersonville is still required.
It is contemplated that the remaining area that was previously within the Mud Creek Water and Sewer District but outside the newly drawn Amended Mud Creek District is to be added to the existing Cane Creek Water and Sewer District. Plans are underway on the expansion of the Cane Creek Water and Sewer District with a public hearing scheduled for June 27, 2002. Such expansion, if approved at the close of the public hearing, would be effective July 1, 2002.
With these plans in place and the fact that neither bonds nor notes have ever been issued for projects within the Mud Creek Water and Sewer District, Staff believes that the Board can make the necessary findings that are required to abolish the formally established Mud Creek Water and Sewer District.
After hearing from the public on the proposed abolition of the Mud Creek Water and Sewer District, it would be appropriate for the Board to consider adopting the draft resolution. This resolution does the following:
(1) Abolishes the Mud Creek Water and Sewer District effective at the end of this fiscal year (June 30, 2002).
(2) Amends the Mud Creek Agreement to make the Amended Mud Creek District (which is to be served by the City of Hendersonville) effective on July 1, 2002.
(3) Authorizes the conveyance of the remaining assets within the Mud Creek Water and Sewer District to the Cane Creek Water and Sewer District prior to July 1, 2002.
There was none.
Commissioner Gordon made the motion to adopt the Resolution presented concerning the Mud Creek Water and Sewer District in Henderson County for its dissolution and the presented addendum.
Commissioner Hawkins expressed his hope that the Board, through the Chairman, will request via written request a long-term sewer development plan from this Committee. Sewer has a lot to do with where your planned development will go.
A vote was taken on the above motion which passed unanimously.
Commissioner Ward made the motion for the Board to go out of Mud Creek Water and Sewer District. All voted in favor and the motion carried.
Elizabeth W. Corn, Clerk to the Board William L. Moyer, Chairman