City Council Regular Meeting

REGULAR MEETING MAY4,2023 VOLUME 26 PAGE326 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A UTILITY EXTENSION AGREEMENT WITH SOUTHWOOD REALTY COMPANY AND SRC CANE CREEK, INC FOR THE SEASONS AT CANE CREEK PHASE 2 WHEREAS, the City of Hendersonville owns, operates and maintains a water system to serve customers throughout Henderson County; and WHEREAS, residential, commercial, and industrial developments often require public water service as a part of their development projects; and WHEREAS, the Developer extends public water lines to their site, which upon completion and acceptance, are provided to the City to own, operate, and maintain; and WHEREAS, the City requires a Utility Extension Agreement to be executed to establish requirements of both the Developer and the City for the water line extension process; and WHEREAS, Southwood Realty Company, the "Developer" and "Owner" and SRC Cane Creek, Inc, will enter into a Utility Extension Agreement with the City to provide water service to the Seasons at Cane Creek Phase 2. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: 1. The Utility Extension Agreement with Southwood Realty Company, the "Developer" and "Owner" and SRC Cane Creek, Inc., to provide water service to the Seasons at Cane Creek Phase 2 is approved, as presented. 2. City Manager is authorized to execute the Utility Extension Agreement, and to approve and execute amendments to the Utility Extension Agreement in the future provided such amendments do not impose a financial obligation upon the City. 3. City Manager is authorized to acquire easements, rights-of-way, and other interests in real property consistent with the terms of the Utility Extension Agreement, provided that such acquisition does not impose a financial obligation upon the City. Adopted by the City Council of the City of Hendersonville, North Carolina on this 4th day of May, 2023. ls/Barbara G. Volk, Mayor Attest: ls/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney J. NCDOT EB-5860 (Blythe St Multi-Use Path) Design Agreement Approval, City Project #21042 - Brent Det:wiler, City Engineer Resolution #R23-56 RESOLUTION BY THE CITY OF HENDERSONVILLE CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WHEREAS, the City Council of the City of Hendersonville considers bicycle and pedestrian transportation to be of utmost importance to the region by providing Western North Carolina with recreation and transportation opportunities as well as the possibilities of economic and community development; and WHEREAS, a project has been identified as part of the North Carolina Department of Transportation's State Transportation Improvement Program called EB-5860 Blythe Street Multi-Use Path; and WHEREAS, the North Carolina Department of Transportation has agreed to design and construct the Blythe Street Multi-Use Path project with a required match provided by the City of Hendersonville; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hendersonville, North Carolina that: 1. The City Manager is authorized to enter into an agreement with the North Carolina Department of Transportation for design of the Blythe Street Multi-Use Path (EB-5860), as presented. Adopted by the City Council of the City of Hendersonville, North Carolina on this 4th day of May, 2023. ls/Barbara G. Volk, Mayor Attest: ls/Jill Murray, City Clerk Approved as to form: /s/Angela S. Beeker, City Attorney K. NCDOT EB-5963 (S Grove St Sidewalk) Design Agreement Approval, City Project #21043 - Brent Det:wiler, City Engineer