Asheville Water System Woes Continue

I for one am glad that effective control of the Asheville Water System has been transferred to authorities other than the City of Asheville. The children on the Asheville City Council have demonstrated that they cannot take care of it, nor should they be trusted with pricing authority because of their unfair plan to treat people outside the city limits differently than the people inside the city limits.

Here is the latest letter from City Councilman Carl Mumpower (spelling as is received):

Asheville Water System Compromise Proposal

Submitted to the Mayor and Council

April 3, 2009

What Are the Current Realities?

Asheville owns the Asheville City Water System.  Control, and thus realistic ownership, has been legislatively taken by local representatives and the courts have validated the right of the state to seize the city system.  The courts have validated they have the right, but not that this action is right.  The Mayor and Asheville City Council majority are in the process of completing the surrender of a city water system currently valued at over 1 billion dollars.

Why is a Compromise Plan Appropriate?

1) Senator Nesbitt, Senator Apodaca, Representative Goforth, and Representative Fisher have legislatively wrested control of Asheville's City water system through Sullivan Acts II & III.

2) These Acts are being uniquely applied to Asheville -- if they are fair, then they should be universally applied to Weaverville to our North and Hendersonville to our South as well as other cities across WNC and NC.

3) The only pieces of the water system in contention are a few of the lines outside of the city limits -- the remained of the system is clearly in the hands of city residents.

4) The city does not need to take action at present -- city leadership has the option of waiting until our legislators change their minds about treating Asheville unfairly or the people of Asheville change their minds and elect new legislative representation supportive of fairness.

5) City leadership is about to surrender our water assets for less than a penny on the dollar.

What is a Realistic Compromise Plan?

Plan One -- Treat Asheville like all other cities in North Carolina owing their water system and take 5, 10, or more years to implement that plan of fairness with consideration for city tax payers carrying a double taxation burden and county residents who cannot afford draconian water rates.

Plan Two -- Remove the resoviors from the system.  Transfer ownership of the water lines and delivery system to a regional authority - encourage Weaverville, Hendersonville, Black Mountain, Waynesville, Canton and other cities to join this new regional water delivery system.  The citizens of Asheville and other cities owning their resovioirs would then be free to use this resource to help compensate for their high urban tax rates.

There are no circumstances under which a one billion dollar asset should be stolen or surrendered without public and media watchdog outcry.  The actions surrounding Asheville City owned water system are no exception.

Submitted:

Carl Mumpower
Asheville City Council

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NC Representative Buruce Goforth has introduced amendments to the Sullivan Act as follows:

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    1

HOUSE BILL 702*

 

 

Short Title:        Amendments to the Sullivan Act.		(Local)
Sponsors:	Representatives Goforth, Whilden, and Fisher (Primary Sponsors).
Referred to:	Local Government I, if favorable, Water Resources and Infrastructure.

March 23, 2009

A BILL TO BE ENTITLED

AN ACT TO MAKE FURTHER AMENDMENTS TO THE SULLIVAN ACT, AND TO ALLOW THE CITY OF ASHEVILLE TO USE REVENUES FOR STREET AND SIDEWALK IMPROVEMENTS ASSOCIATED WITH WATERLINE IMPROVEMENTS.

Whereas, the General Assembly previously adopted Chapter 399 of the 1933 Public‑Local Laws (known as the "Sullivan Act") to address the particular circumstances of the supplying of water to certain residents of Buncombe County by the City of Asheville and the charges therefor; and

Whereas, the 2005 General Assembly made further amendments to the Sullivan Act with the enactment of S.L. 2005‑139 and S.L. 2005‑140; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  The City of Asheville may use up to five percent (5%) of utility revenues for street and sidewalk improvements associated with waterline improvements.

SECTION 2.  This act makes further amendments to the Sullivan Act.

SECTION 3.  This act applies to the City of Asheville only.

SECTION 4.  This act is effective when it becomes law.

Source: General Assembly H702

Related: S.L 2005-139  aka Sullivan I

Related: S.L. 2005-140 aka Sullivan II

If Asheville could be trusted not to use the moneys raised from the water system for pet projects unrelated to running the water system instead of maintaining and improving it, then it would be a different story altogether.