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HomeMy WebLinkAboutAgenda - 04-16-1997 - 7a t I ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 16, 1997 Action Agenda Item No. 7-4 SUBJECT: Dissolution of Dogwood Acres Sanitary District DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) BUDGET AMENDMENT: (Y/1) ATTACHMENT(S): INFORMATION CONTACT: Resolution Rod Visser, ext 2300 3/26/97 Letter from Sanitary District Board 4/4/97 Letter from OWASA Executive Director TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To conduct a public hearing concerning the dissolution of the Dogwood Acres Sanitary District, and to consider formal action to dissolve the District. BACKGROUND: The Dogwood Acres Sanitary District was created in 1969 to finance the installation of water lines and accessories when the University of North Carolina agreed to provide residents of the Dogwood Acres Subdivision with a water distribution system to replace a . deteriorating privately operated system. Water distribution in this area has been provided by OWASA since it took over operations from the University in 1977. The three members of the elected Board of Directors of the Dogwood Acres Sanitary District have requested(see attached letter)that Orange County dissolve the District, as its original purpose has long since been served. The District has no debt, and provides no services. Accordingly, there are no services for which the Board of Commissioners would have to provide if the District is dissolved. Moreover, OWASA has affirmed its intention to continue providing water service to the residents of the District(letter attached). Chapter 130A-85 of the North Carolina General Statutes sets out the provisions under which a sanitary district may be dissolved. One procedural requirement of this process involves a public hearing, which was set by the County Commissioners for April 16, 1997. Assuming that no information is presented at the public hearing that indicates the District should be continued, staff suggests that the Board adopt the attached resolution to formally dissolve the Dogwood Acres Sanitary District. 2 r RECOMMENDATION(S): The Manager recommends that the Board conduct the public hearing, and depending on public comment, approve the resolution dissolving the Dogwood Acres Sanitary District. 3 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION DISSOLVING THE DOGWOOD ACRES SANITARY DISTRICT WHEREAS, the Dogwood Acres Sanitary District was created in 1969 to finance the installation of water lines by means of which the University of North Carolina agreed to provide the District with a wholesome and potable supply of water, and WHEREAS, the Orange Water and Sewer Authority(OWASA) agreed to assume the obligations of the University to the District when OWASA purchased the University's water utility system in 1977, and has continued to provide water service to residents of the District since that time, and WHEREAS, the Board of Directors of the Dogwood Acres Sanitary District has requested that the Orange County Board of Commissioners take action to dissolve the District because it has served its purpose and no longer provides any services,and WHEREAS, OWASA has affirmed its intent to continue to provide water service to residents of the District,and WHEREAS,the statutorily required public hearing has been conducted,pursuant to the process established for the dissolution of a sanitary district; NOW,THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby find, in accordance with NCGS 130A-85,that the interest of the citizens of the Dogwood Acres Sanitary district and the County will be best served if the operation and the services provided by the District were provided for by the Board of Commissioners, and BE IT FURTHER RESOLVED THAT the Orange County Board of Commissioners does hereby dissolve the Dogwood Acres Sanitary District. This,the 16th day of April, 1997. 4 March 26, 1997 Mr. William L. Crowther, Chair Orange County Board of Commissioners PO Box 8181 Hillsborough,NC 27278 Dear Commissioner Crowther: The Board Members of the Dogwood Acres Sanitary District request the Orange County Commissioners take the actions necessary to dissolve the Dogwood Acres Sanitary District. The Dogwood Acres Sanitary District no longer provides any services, it has no outstanding debt and it has no assets,except approximately $200 in a savings account. The District was originally formed to finance the installation of water lines and accessories in order for the University of North Carolina at Chapel Hill, and subsequently the Orange Water and Sewer Authority (OWASA),to provide water to the District. OWASA continues to provide water to the District as well as own and maintain the lines, per the agreement between the District and the University dated February 5, 1969 and the subsequent contract at time of sale and purchase of the University's water and utility system, dated February 15, 1977. In light of these facts,we feel it is in the interest of all those concerned to dissolve the Dogwood Acres Sanitary District and request that the Board of Commissioners complete dissolution procedures at its earliest convenience. Sincerely, The Dogwood Acres Sanitary District Board, t' Willis Knight, Chair Elmer H gh William McFarland S Orange Water and Sewer Authority OWASA 400 Jones Ferry Road P.O. Box 366 Received Carrboro, NC 27510 (919) 968-4421 APR - 71997 Managers Office April 4, 1997 Mr. John Link, County Manager County of Orange 200 South Cameron Hillsborough, NC 2727$ Dear John: SUBJECT: DOGWOOD ACRES COMMUNITY This letter confirms OWASA's intention to continue providing water service to the residents of the Dogwood Acres community. The dissolution of the Dogwood Acres Sanitary District in no way effects our current operation or level of responsibility. As you know,the Dogwood Acres community is not connected to our sewer system. We are currently evaluating the environmental,technical, and economic feasibility for serving all the unsewered properties in our service area, including the Dogwood Acres community. We expect to complete this study by July 1997 and will share this information with you. If you need additional assistance,please let me know. Sincerely, Ed Kerwin Executive Director EK/jr c: Board of Directors Robert Epting, Esq. An Equal Opportunity Employer 4