BC 2003 11 17 - Laserfiche WebLink

Home Browse Search

November 17, 2003 Page 290 sites is granted. In conclusion, Mr. Marshall asked the Board to hold the public hearing as advertised, stating this would expedite the process should staff gain access to the sites at some time in the future. At 6:58 p.m., Chairman Freeman opened the public hearing on the availability of approximately $200,000.00 in Brownfield grant funds. The Public Hearing Notice was published in THE CHARLOTTE OBSERVER (Cabarrus Neighbors) on November 2 and 6, 2003. There was no one present to address the Board, and Chairman Freeman closed the public hearing. (G-2) Request by ~tanly Cou~t~ to Acc~uire Nece~a~ EaSements, Property or Other Rights-of Way for Utility Extensions in Cabarrus County Mr. Day reported that Stanly County wishes to extend water lines into certain portions of the Town of Locust that are located within Cabarrus County along Highway 200. In a letter dated October 8, the Stanly County Manager requested permission, pursuant to North Carolina General Statute 153A-15, for Stanly County to acquire necessary easements, property or rights of way for those utility extensions in Cabarrus County. Mr. Day advised there are three subdivisions in various stages of review with one under construction that is mostly in Stanly County. He stated there is the potential to extend the Stanly County water line along Highway 200 to serve the Georgeville community where residents have cited a need for public water. An engineer has been retained to prepare cost estimates on this project. Commissioner Privette questioned the need for an adjoining county to run water lines into Cabarrus County to furnish water to County residents. He stated it was his understanding when the Water and Sewer Authority of Cabarrus County (WSACC) was formed that the municipalities would provide water to the unincorporated areas of Cabarrus County. Mr. Hartsell confirmed that when WSACC was formed there was contemplation of the creation of a countywide utility in water and sewer, with the wholesale utilities to be provided by WSACC and the retail side to be handled primarily by the municipalities. Also, he stated the 1995 agreement, which transferred the County's utility lines, easements, etc. to the cities of Concord and Kannapolis, contained language to try to encourage the provision of utilities in the county, specifically a reference as to rates outside the respective cities. In addition, he said there was a specification for circumstances under which water and sewer services would be consolidated. Also, Mr. Hartsell advised that the 1988 Reciprocal Agreement gives the County the specific authority to connect to water and sewer lines and there is nothing in the Reciprocal Agreement that prohibits the County from assigning its right to connect. In conclusion, he pointed out the provision of water service outside the City of Concord is the subject of a pending lawsuit by some property owners located in the county. Commissioner Privette made a motion, seconded by Vice Chairman Suggs, to adopt the following motion (resolution) assigning water and sewer connection rights: MOTION TO ASSIGN WATER AND SEWER CONNECTION RIGHTS Whereas, on August 15, 1988, Cabarrus County entered into an agreement with the City of Concord entitled "Reciprocal Agreement for Water and Sewer Connections and Related Matters"; and Whereas, pursuant to the agreement the County has the absolute right and privilege to connect to Concord's Regional water and sewer system; and Several owners of land located outside the city limits of Concord desire to connect to Concord's Regional water and sewer system; and Whereas, the County desires to assign to those landowners a right to connect; Therefore, the county attorney is directed to prepare standard assignments wherein the owners and developers and their successors and assigns of the following parcels of land will be assigned a right to connect to Concord's water and sewer system in order to service the developments now proposed for the following tax parcels and appearing on preliminary plats already approved by the County. Further, no fee will be charged for these assignments and the Chairman is delegated authority to execute the assignments on behalf of the County. No warranties shall be provided in the assignment; and the County shall continue to retain all connection rights under the Reciprocal Agreement as fully as if no assignment had been made. Tax parcel 5538-38-8012 (Brandon Ridge by Craft Homes)