Article 1 - General Provisions

93-33. Title.

This Part 2 to enact water policies to govern the provision of water services by Henderson County pursuant to the first amended and restated regional water supply and water service agreement dated November 11, 1995, shall be referred to as the "Henderson County Water Supply and Water Service Ordinance." As used herein, the phrase "this Part 2" shall be deemed to refer to the Henderson County Water Supply and Water Service Ordinance.

93-34. Purpose and Intent.

The purpose of this Part 2 is to adopt policies to govern the provision of water supply and water services by Henderson County pursuant to the first amended and restated regional water supply and water service agreement dated November 11, 1995, hereinafter referred to as the "Regional Water Agreement." This Part 2 seeks to obtain for Henderson County all of the benefits conferred by the Regional Water Agreement.

93-35. Organization and Interpretation.

Pursuant to the Regional Water Agreement, Henderson County is required to adopt water policies in substantial conformance with the "Asheville/Buncombe [/Henderson] Water Policies, adopted May 17, 1983, as amended, hereinafter referred to as the "Authority Policies." The Regional Water Agreement also contains other requirements for the water policies adopted by Henderson County. This Part 2 is therefore intended to be a combination of the requisite portions of the Authority Policies and the Regional Water Agreement. Portions of the Regional Water Agreement and the Authority Policies will therefore be incorporated by reference into this Part 2, and shall have the full force and effect of this Part 2. To the extent that this Part 2 conflicts with provisions of the Authority Policies, this Part 2 shall be deemed to control. Provisions of the Authority Policies which have been omitted have been omitted with the intention that such omissions are specific contradictions of the Authority Policies. Amendments or additions to the Authority Policies duly adopted by the Authority after the effective date of this Part 2 will be considered on a case-by-case basis by the Board of Commissioners for inclusion in this Part 2. To the extent that this Part 2 conflicts with the Regional Water Agreement, the Regional Water Agreement shall be deemed to control.

93-36. Authority.

This Part 2 is enacted pursuant to the authority of N.C.G.S. Chapter 153A, Article 15..

93-37. Jurisdiction.

This Part 2 shall govern any and all water extensions, water connections, and water allocations granted to any customer in the Service Area being served by the water system and/or the water system owned by the city and maintained and operated by the Authority, including but not limited to those granted pursuant to the Regional Water Agreement, and including but not limited to all regional water lines, all as defined herein below.

93-38. No Waiver of Rights or Benefits.

Nothing herein shall be deemed to be a waiver of any rights or benefits granted to the County by the Regional Water Agreement, including but not limited to the rights granted pursuant to Subsection 4.0 of the Regional Water Agreement, Subsection 4.0 of the Regional Water Agreement being incorporated herein by reference as if fully set forth. The Authority's and/or the city's implementation and/or use of this Part 2 shall not be deemed to be a waiver of any rights or benefits granted to the Authority and/or the city by the Regional Water Agreement.