Orange County NC Website
Browse       Search
minnAWIDON SOPPONTINT ADOPTION 411 TIM *J. STAIN= ID sum 0.S. 2A-7 1p �r� <br /> lye <br /> 1 vuoms, the general Stems of North Carolina authorise water and <br /> sewer authorities to acquire land or rights in Lend <br /> water rights attached, iacludi�t lands with <br /> same manner as is provided for cities and counties of <br /> under the o the <br /> Chapter 44A; sad pr+ovirions of <br /> 1 WHEREAS, as a prerequisite to the exercise of the <br /> power <br /> domain to acquire water, water rights or land having gh of tached, <br /> C.S. 162A-7 requires that water and sewer authorities water <br /> obtain from they <br /> Environmental Management Commission • certificate authorising such <br /> 1 acquisition; and <br /> WHEREAS, other <br /> general and special purpose units of local government, <br /> including cities and counties, city and county sanitation districts, and city <br /> and county sewerage districts, are authorised to exercise the power of <br /> eminent domain to acquire water, water rights and lands having water rights <br /> attached without first obtaining any certificate of authority from the <br /> Environmental Management Commission, but rather, by compliance with the <br /> provisions of Chapter 40A of the Ce neral Statues; and <br /> WHEREAS, compliance with the provisions of G.S. 162A-7 has occasioned <br /> unnecessary delay and great expense in the Authority's provision of essential <br /> governmental services to the detriment of the general public within the <br /> Authority's service area; and <br /> WHEREAS, various Federal and State regulatory requirements adopted since <br /> the original adoption of G.S. 162A-7 now stake adequate provision for the <br /> purposes that statute was intended to serve. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ORANGE WATER <br /> AND SEWER AUTHORITY: <br /> 1. That the provisions of G.S. 162A-7 create an unnecessary impediment <br /> to the Authority's acquisition of land for provisions of mater and sever <br /> services in the Authority's service area. <br /> 2. That the Authority's power to acquire land by way of eminent domain <br /> ought to be consistent with the authority of cities, counties, water and <br /> sewer and sanitation districts and sewerage districts; and to that end, the <br /> Board of Directors supports the adoption of legislation to amend Chapter 162A <br /> of the General Statutes so as to delete G.S. 162A-7.- <br /> Adopted this 23rd day of April, 1987. <br /> Edward ei .I <br /> rd I. Mann, Jr., ". :, roan <br /> ATTEST: <br /> r ' <br /> i <br /> W. L. Aderholt, Jr. • <br /> Secretary-Treasurer <br />