At its Aug. 14 meeting, Asheville City Council will vote on placing a binding referendum on the sale of the city's water system on the ballot this November.
The suggested text of the referendum reads:
State law allows a city to hold a referendum on whether or not to lease or sell a water system.
"The language of the statute limits the voters eligible to participate in such a referendum to City voters," the city staff report on the matter reads. "The results of the referendum would be binding such that, if the vote was 'no,' the system could not be sold or leased."
The referendum would be held Nov. 6. At a special July 31 worksession, Council members proposed the idea as part of a "kitchen sink" in Council member Gordon Smith's words, towards a controversial ultimatum from a state legislative commission that told the city to begin "good faith negotiations" on transferring its water system to the Metropolitan Sewerage District. The city has also launched a study of the details of a merger with MSD, seeking to talk further with its officials, and trying to arrange an Aug. 27 meeting with the local legislative delegation.
The suggested text of the referendum reads:
“Shall the City of Asheville undertake the sale or lease of its water treatment system and water distribution system, including the reservoirs, watershed lands,
water lines, pump stations, storage tanks and other facilities used by the City of Asheville for the treatment and distribution of water?”
State law allows a city to hold a referendum on whether or not to lease or sell a water system.
"The language of the statute limits the voters eligible to participate in such a referendum to City voters," the city staff report on the matter reads. "The results of the referendum would be binding such that, if the vote was 'no,' the system could not be sold or leased."
The referendum would be held Nov. 6. At a special July 31 worksession, Council members proposed the idea as part of a "kitchen sink" in Council member Gordon Smith's words, towards a controversial ultimatum from a state legislative commission that told the city to begin "good faith negotiations" on transferring its water system to the Metropolitan Sewerage District. The city has also launched a study of the details of a merger with MSD, seeking to talk further with its officials, and trying to arrange an Aug. 27 meeting with the local legislative delegation.
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"Shall the City of Asheville undertake the sale or lease.."
Funny, I thought this was a "seizure."
"According to a draft report set to be made final next week, the state legislative committee will recommend removing city control of the water system and transferring it to the Metropolitan Sewerage District."
http://www.mountainx.com/article/42060/Give-it-to-MSD-says-state-water-study-committee-on-Ashevillesystem
"However, the study committee's report notes that if MSD and the city are engaged in good faith negotiations on a merger, the state won't force their hand."
http://www.mountainx.com/article/44581/City-plans-to-begin-study-of-MSD-merger
"The surprise came in the bill H1009, which doesn't outright seize the water system, but empowers MSD to operate it once that seizure takes place, supposedly in January."
http://www.ashevillewater.blogspot.com/
"Republican state Rep. Tim Moffitt has filed legislation that would seize Asheville’s water system, turning control over to the Metropolitan Sewerage District."
http://scrutinyhooligans.us/2012/08/07/flashback-may-5-2011/
Sale, lease or discontinuance would be action initiated by the City of Asheville. The transfer of the water system to MSD is an action initiated by the General Assembly. The North Carolina General Assembly is not asking.
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By timothypeck
08/10/2012
Looks like this issue might be headed to the courts.
By D. Dial
08/11/2012
How long until Council realizes (after its been told countless times) that it doesn't own the water system?
By ViewOfTheMiddle
08/11/2012
Fiction.
By bsummers
08/11/2012
H20 friction. :-)
By D. Dial
08/12/2012
Legislative Research Commission's Committee on Metropolitan Sewerage/Water System
Page 25.
...Given all of the foregoing, this Committee makes the following conclusions:
1. The City of Asheville does not own the entire Public Utility Water System;
2. Buncombe County owns part of the Public Utility Water System;
3. The Public Utility Water System is a “Public Enterprise” and, therefore, the City of Asheville cannot profit from its management;...
http://www.ncleg.net/documentsites/committees/MetSewWatSysLRC/Report/2012-LRC Municipal Sewerage DRAFT REPORT.pdf
By timothypeck
08/11/2012
Legislative Research Commission's Committee on Metropolitan Sewerage/Water System
Page 25.
...Given all of the foregoing, this Committee makes the following conclusions:
1. The City of Asheville does not own the entire Public Utility Water System;
2. Buncombe County owns part of the Public Utility Water System;
3. The Public Utility Water System is a “Public Enterprise” and, therefore, the City of Asheville cannot profit from its management;...
http://snipr.com/24mh3w0 [www_ncleg_net]
..................................
By timothypeck
08/11/2012