Chapter 79 - Public Safety Telephone
This Chapter shall be known as the "Henderson County Public Safety Telephone Ordinance."
The Board of Commissioners of Henderson County, North Carolina, declares it to be in the public interest to provide a toll-free number through which an individual in this County can gain rapid, direct access to public safety aid. The number shall be provided with the objective of reducing response time to situations requiring law enforcement, fire, medical, rescue or other public safety service.
The following terms are defined for purposes of this Chapter:
- 911 Charge - A charge imposed by Henderson County on each exchange access facility to pay for the 911 service start-up, equipment costs, subscriber notification costs, addressing costs, billing costs and nonrecurring and recurring installation, maintenance, service and network charges of a service supplier providing 911 service pursuant to this Chapter and all other payments authorized by § 79-8 of this Chapter.
- 911 System Or 911 Service - An emergency telephone system that provides the user of the public telephone system with the ability to reach a public safety answering point by dialing the digits 911. The term "911 system" or "911 service" also includes enhanced 911 service, which means an emergency telephone system that provides the user of the public telephone system with 911 service and, in addition, directs 911 calls to appropriate public safety answering points by selective routing, based on the geographical location from which the call originated, and provides the capability for automatic number identification and automatic location identification features.
- Addressing - The assigning of a numerical address and street name (the street name may be numerical) to each location within Henderson County's geographical area necessary to provide public safety service as determined by Henderson County. This address replaces any route and box number currently in place in the 911 database and facilitates quicker response by public safety agencies.
- County - The County of Henderson, North Carolina.
- Exchange Access Facility - The access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include access lines, PBX trunks and Centrex network access registers provided by the service supplier, all as defined by tariffs of telephone companies as approved by the North Carolina Utilities Commission. Exchange access facilities do not include telephone pay station lines owned and operated by the service supplier or Wide Area Telecommunications Service (WATS), Foreign Exchange (FX) or incoming-only lines.
- Public Agency - The state and any city, county, municipal corporation, chartered organization, public district or public authority located in whole or in part within the state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical or other emergency services.
- Public Safety Agency - A functional division of a public agency which provides fire- fighting, law enforcement, medical, suicide prevention, civil defense, poison control or other emergency services.
- Service Supplier - A person or entity who or which provides exchange telephone service to a telephone subscriber.
- Telephone Subscriber or Subscriber - A person or entity to whom or to which exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription.
The County hereby imposes a monthly 911 charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the area served or which would be served by the 911 service in the amount of $0.55. The 911 charge shall be uniform and may not vary according to the type of exchange access facility used. The imposition and collection of the monthly 911 charge as provided in this subsection shall become effective on November 10, 1998.
- The subscriber of one or more exchange access facilities will be billed for the monthly 911 charges imposed for each exchange access facility. Each service supplier shall, on behalf of the County, collect the charges from those subscribers to whom it provides exchange telephone service in the area served by the 911 service. As part of its normal monthly billing process, the service supplier shall collect the charges for each month or part of the month an exchange access facility is in service, and it may list the charge as a separate entry on each bill. If a service supplier receives a partial payment for a monthly bill from a subscriber, the service supplier shall apply the payment against the amount the subscriber owes the service supplier first.
- A service supplier has no obligation to take any legal action to enforce the collection of the 911 charges for which any subscriber is billed. However, the County may initiate collection action of the 911 charges for which any subscriber is billed and shall further be entitled to collect all reasonable costs associated with the collection action, including attorneys' fees. The Henderson County Finance Director is hereby authorized to pursue all legal and equitable remedies for the collection of all 911 charges not paid.
- Where the County subscribes to 911 services, the County shall remain ultimately responsible to the service supplier for all 911 installations, service, equipment, operation and maintenance charges owed to the service supplier. The service supplier shall provide the County with a list of amounts uncollected along with the names and addresses of telephone subscribers who have not paid the 911 charge on a quarterly basis.
- Where the County subscribes to 911 services, any taxes due on 911 services provided by the service supplier will be billed to the County subscribing to that service. However, state and local taxes do not apply to 911 charges billed to subscribers under this Chapter.
Each service supplier that collects the 911 charges on behalf of the County is entitled to a 1 percent administrative fee as compensation for collecting the charges. The service supplier shall remit the rest of the charges it collects during the month to the Henderson County Finance Director within 10 days after the last day of the month.
The financial officer of the County to whom 911 charges are remitted under §79-6 shall deposit the charges in a separate, restricted fund. The fund shall be known as the "Emergency Telephone System Fund." The Henderson County Finance Director may invest money in the fund in the same manner that other money of the County may be invested. The Finance Director shall deposit any income earned from such an investment in the Emergency Telephone System Fund.
Chapter 91 - Repealed
- Money from the Emergency Telephone System Fund shall be used only to pay for:
- The lease, purchase or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
- The rates associated with the service supplier's 911 service and other service supplier recurring charges.
- The following expenses are not eligible for payment from the fund: the lease or purchase of real estate; cosmetic remodeling of emergency dispatch centers; hiring, training and compensating dispatchers; and the purchase of mobile communications vehicles, ambulances, fire engines or other emergency vehicles.
- The County may contract with a service supplier for any term negotiated by the service supplier and the County and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
91-1. Repealed
- Money from the Emergency Telephone System Fund shall be used only to pay for:
- The lease, purchase or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
- The rates associated with the service supplier's 911 service and other service supplier recurring charges.
- The following expenses are not eligible for payment from the fund: the lease or purchase of real estate; cosmetic remodeling of emergency dispatch centers; hiring, training and compensating dispatchers; and the purchase of mobile communications vehicles, ambulances, fire engines or other emergency vehicles.
- The County may contract with a service supplier for any term negotiated by the service supplier and the County and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
91-2. District Created, Territorial Limits.
The Henderson County Board of Commissioners does hereby cause to be created the Cane Creek Water and Sewer District of Henderson County with the territorial limits described as follows: Beginning at the intersection of U.S. Route 25 and the Henderson County/Buncombe County line, thence westerly along and with the Henderson County/Buncombe County line approximately 8,200 feet more or less to a point where the Henderson County/Buncombe County line takes a southerly direction, thence southerly along and with the Henderson County/Buncombe County line approximately 2,600 feet more or less to a point where the Henderson County/Buncombe County line takes an easterly direction, thence easterly along and with the Henderson County/Buncombe County line approximately 2,000 feet more or less to a point where the Henderson County/Buncombe County line takes a southerly direction, thence southerly along and with the Henderson County/Buncombe County line approximately 2,600 feet more or less to a point where the Henderson County/Buncombe County line intersects the center of Interstate Highway 26 north of the Interstate Highway 26 Rest Area, thence southerly along and with the center line of Highway 26 approximately 12,000 feet more or less to a point which is the intersection of the center lines of Interstate Highway 26 and U.S. Route 25, thence northerly along and with the center line of U.S. Route 25 approximately 800 feet more or less to the intersection of the center lines of U.S. Route 25 and State Road S.R. 1536, thence easterly along and with the center lines of S.R. 1536 approximately 1,400 feet more or less to a point at the intersection of the center lines of S.R. 1536 sometimes referred to as Old Howard Gap Road, and the Southern Railway main track, thence northerly along and with the center line of Southern Railway main track approximately 8,000 feet more or less to a point where the Southern Railway track intersects with the center line of Cane Creek, thence easterly along and with the center line of Cane Creek approximately 1,400 feet more or less to a point where the center line of Cane Creek intersects with the center line of Howard Gap Road S.R. 1006, thence southerly along and with the center line of Howard Cap Road S.R. 1006 approximately 1,000 feet more or less to a point that is the intersection of the center lines of Howard Gap Road S.R. 1006 and Jackson Road S.R. 1539, thence easterly along and with the center line of Jackson Road S.R. 1539 approximately 11,000 feet more or less to a point where the center line of Jackson Road intersects with the center line of Hooper's Creek, thence easterly along and with the center line of Hooper's Creek approximately 3,000 feet more or less to a point where the center line of Hooper's Creek intersects with the center line of Souther/Livingston Road S.R. 1552, thence northerly along and with the center line of Souther/Livingston Road S.R. 1552, thence northerly along and with the center line of Souther/Livingston Road S.R. 1552 approximately 1,600 feet more, or less to a point where the center line of Souther/Livingston Road (SR 1552) intersects with the center line of Jackson Road (SR 1539), thence northeasterly along and with the center line of Jackson Road (SR 1539) approximately 2,000 feet more or less to the intersection of the center lines of Jackson Road (SR 1539) and Hooper's Creek Road (SR 1553) thence westerly along and with the center line of Hooper's Creek Road (SR 1553) approximately 3,000 feet more or less to the intersection of the center lines of Hooper's Creek Road (SR 1553) and Burney Mountain Road (SR 1552), thence northwesterly along and with the center line of Burney Mountain Road (SR 1552) approximately 3,000 feet more or less to the intersection of the center lines of Burney Mountain Road (SR 1552) and Mills Gap Road (SR 1551), thence northerly along and with the center line of Mills Gap Road (SR 1551) approximately 1,000 feet more or less to the intersection of the center line of Mills Gap Road (SR 1551) with the Henderson County/Buncombe County line, thence westerly along and with the Henderson County/Buncombe County line approximately 9,000 feet more or less to the intersection of the Henderson County/Buncombe County lines with the center line of U.S. Route 25 and the point of beginning.
- Money from the Emergency Telephone System Fund shall be used only to pay for:
- The lease, purchase or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
- The rates associated with the service supplier's 911 service and other service supplier recurring charges.
- The following expenses are not eligible for payment from the fund: the lease or purchase of real estate; cosmetic remodeling of emergency dispatch centers; hiring, training and compensating dispatchers; and the purchase of mobile communications vehicles, ambulances, fire engines or other emergency vehicles.
- The County may contract with a service supplier for any term negotiated by the service supplier and the County and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
91-3. 1994 Extension of Boundaries.
- Findings.
- The Henderson County Board of Commissioners has been petitioned by French Broad Associates (formerly French Broad Golf Center) and French Broad Golf Center, Inc., under N.C.G.S. 162A-87.1, to annex the area described herein.
- The Henderson County Director of Utilities, the Henderson County Staff Attorney and the Henderson County Attorney investigated the sufficiency of said petition and have certified the sufficiency of said petition, and a public hearing on the question of this annexation was held at the Henderson County Office Building at 7:00 p.m. on the seventh day of March 1994, after due notice by publication on the 23rd day of February 1994.
- The Henderson County Board of Commissioners does hereby find as a fact that said petition meets the requirements of N.C.G.S. 162A-87.1, including Subsections (b) and (c) which are shown below:
- “Annexation by petition. The board of commissioners may, by resolution, extend by annexation the boundaries of any water or sewer district when one hundred percent (100%) of the real property owners of the area to be annexed have petitioned the board for annexation to the water and sewer district.
- “Annexation of property within a city or sanitary district. Territory lying within the corporate limits of a city or sanitary district may not be annexed to a water and sewer district unless the governing body of the city or sanitary district agrees, by resolution, to the annexation."
- By virtue of the authority granted by N.C.G.S. 162A-87.1, the following described territory is hereby annexed and made a part of the Cane Creek Water and Sewer District of Henderson County, North Carolina, as of the first day of July 1994: Beginning at a point in the southern margin of the right of way of Airport Road (S.R. 3526) and at the center of the French Broad River and from said beginning point thus established and with the center of said French Broad River the following calls: South 08 deg. 58' 00" East 155.22 feet; South 14 deg. 20' 00" East 177.00 feet; South 12 deg. 31' 00" East 184.00 feet; South 18 deg. 25' 00" East 177.00 feet; South 09, deg. 35' 00" East 288.00 feet; South 07 deg. 35' 00" East 210.00 feet; South 05 deg. 16' 00" East 187.00 feet; South 03 deg. 22' 00" East 244.00 feet; South 03 deg. 55' 00" East 210.00 feet; South 06 deg. 59' 00" East 229.00 feet; South 12 deg. 08' 00" East 264.00 feet; South 20 deg. 20' 00" East 183.00 feet; South 23 deg. 11' 00" East 190.00 feet; South 29 deg. 44' 00" East 201.00 feet; South 42 deg. 10' 00" East 120.00 feet to a point at the intersection of said French Broad River and Cane Creek; thence with the center line of said Cane Creek the following calls: North 58 deg. 05' 00" East 95.00 feet; North 61 deg. 10' 00" East 141.00 feet; South 88 deg. 45' 00" East 95.00 feet; South 71 deg. 33' 00" East 78.00 feet; North 87 deg. 59' 00" East 234.00 feet; North 67 deg. 18' 00" East 150.00 feet; North 28 deg. 30' 00" East 108.00 feet; North 17 deg. 31' 00" East 123.00 feet; North 26 deg. 33' 00" East 92.00 feet; North 55 deg. 54' 00" East 84.00 feet; South 84 deg. 17' 00" East 83.00 feet; South 50 deg. 10' 00" East 48.00 feet; South 12 deg. 24' 00" East 105.00 feet; South 71 deg. 20' 00" East 81.00 feet; North 68 deg. 14' 00" East 311.00 feet; North 44 deg. 59' 00" East 229.00 feet; North 23 deg. 25' 00" East 88.00 feet; North 54 deg. 06' 00" East 157.00 feet; North 61 deg. 48' 00" East 86.00 feet; North 76 deg. 30' 00" East 139.00 feet; North 41 deg. 10' 00" East 57.00 feet; North 17 deg. 02' 00" East 212.00 feet; North 64 deg. 38' 00" East 57.00 feet; North 79 deg. 55' 00" East 124.00 feet; North 50 deg. 59' 00" East 146.00 feet; North 31 deg. 20' 00" East 157.00 feet; North 41 deg. 22' 00" East 151.00 feet; North 19 deg. 56' 00" East 356.00 feet; North 64 deg. 47' 00" East 51.00 feet; North 77 deg. 35' 00" East 138.00 feet; South 56 deg. 52' 00" East 148.00 feet; North 83 deg. 50' 00" East 101.00 feet; North 48 deg. 27' 00" East 252.00 feet; North 65 deg. 47' 00" East 323.00 feet; South 74 deg. 44' 00" East 92.00 feet; South 45 deg. 41' 00" East 253.00 feet; South 13 deg. 25' 00" East 156.00 feet; South 47 deg. 35' 00" East 141.00 feet; South 62 deg. 47' 00" East 183.00 feet; South 87 deg. 19' 00" East 146.00 feet; and North 66 deg. 28' 00" East 202.55 feet to a point; thence leaving the center line of Cane Creek and along and with the western margin of the right of way for Interstate 26 North 28 deg. 57' 07" West 1108.35 feet to a right of way monument; thence North 28 deg. 43' 15" West 201.68 feet to a right of way monument; thence on a curve to the left having a radius of 7774.44 feet, a chord bearing and distance of North 27 deg. 23' 40" West 215.59 feet to a right of way monument; thence North 29 deg. 37' 21" West 228.58 feet to a right of way monument; thence on a curve to the left having a radius of 2784.79 feet, a chord bearing and distance of North 35 deg. 18' 40" West 331.08 feet to an iron pin set; thence North 48 deg. 12' 40" West 278.47 feet to an iron pin set; thence North 71 deg. 34' 54" West 384.00 feet to a right of way monument; thence North 86 deg. 53' 25" West 184.86 feet to a right of way monument; thence North 85 deg. 58' 20" West 335.05 feet to a right of way monument; thence South 87 deg. 16' 30" West 472.42 feet to a right of way monument; thence South 80 deg. 07' 28" West 42.39 feet to an iron pin set; thence leaving the margin of Interstate 26, South 25 deg. 41' 15" East 1229.76 feet to an iron pin set; thence South 71 deg. 50' 35" West 799.08 feet to an iron pin set; thence South 18 deg. 09' 25" East 894.79 feet to a point; thence South 71 deg. 50' 35" West 150 feet to a point; thence North 18 deg. 09' 25" West 894.79 feet to an iron pin set; thence South 71 deg. 50' 35" West 800.85 feet to an iron pin set; thence North 09 deg. 37' 34" West 1283.64 feet to a point in the southern margin of the right of way of Airport Road (SR 3526); thence along and with the southern margin of the right of way of Airport Road (SR 3526), South 67 deg. 55' 12" West 171.34 feet to an iron pin set; thence South 28 deg. 06' 52" West 78.10 feet to an iron pin set; thence South 67 deg. 55' 12" West 60.00 feet to an iron pin set, thence North 67 deg. 04' 48" West 70.71 feet to an iron pin set; thence South 67 deg. 55' 12" West 922.16 feet to the point and place of beginning. Being parcels A, B, C, and D of the property shown on Cabinet Slides 1246 and 1247 of the Henderson County Register of Deeds Office. Being further the portion of the property described in Henderson County Deed Book 821 beginning at page 111 that is located within Henderson County.
- Upon and after the first of July 1994, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina, and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
- The Henderson County Utilities Director shall cause this section to be recorded in the office of the Register of Deeds for Henderson County, North Carolina. A survey of the subject property shall be on file at the Henderson County Utilities Department office which is located at 100 North King Street, Hendersonville, North Carolina.
- Notice of adoption of this section shall be published once, following the effective date of the annexation, in a newspaper having general circulation in the Cane Creek Water and Sewer District of Henderson County, North Carolina.
- Money from the Emergency Telephone System Fund shall be used only to pay for:
- The lease, purchase or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
- The rates associated with the service supplier's 911 service and other service supplier recurring charges.
- The following expenses are not eligible for payment from the fund: the lease or purchase of real estate; cosmetic remodeling of emergency dispatch centers; hiring, training and compensating dispatchers; and the purchase of mobile communications vehicles, ambulances, fire engines or other emergency vehicles.
- The County may contract with a service supplier for any term negotiated by the service supplier and the County and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
91-4. 2000 Extension of Boundaries.
- By virtue of the authority granted by N.C.G.S. 162A-87.1, the boundaries of the Cane Creek Water and Sewer District are hereby extended to include the properties located with the boundary described below, and all such properties are hereby annexed and made a part of the Cane Creek Water and Sewer District as of the first day of July 2000: Beginning at a point located at the western corner of the Cane Creek Water and Sewer District boundary, said point also being the intersection of the northern margin of Fanning Bridge Road (S.R. 1419) and the northwest margin of Butler Farm Road; thence, following the northern margin of Fanning Bridge Road (S.R. 1419) in a westerly direction, approximately 5,808 feet to the intersection of the northern margin of Fanning Bridge Road (S.R. 1419) and the western margin of N.C. Highway 191; thence, following the western margin of N.C. Highway 191 in a southerly direction approximately 7,392 feet to the intersection of the western margin of N.C. Highway 191 and the western margin of N.C. Highway 280; thence, following the western margin of N.C. Highway 280 in a southerly direction (crossing Mills River) approximately 4,752 feet to the intersection of the western margin of N.C. Highway 280 and the northern margin of South Mills River Road (S.R. 1338); thence, following the northern margin of South Mills River Road (S.R. 1338) in a westerly direction approximately 1,056 feet to the intersection of the northern margin of South Mills River Road (S.R. 1338) and the western margin of Old Turnpike Road (S.R. 1328); thence, following the western margin of Old Turnpike Road (S.R. 1328) in a southwesterly direction approximately 6,864 feet to the intersection of the western margin of Old Turnpike Road (S.R. 1328) and N.C. Highway 280; thence, crossing N.C. Highway 280 to the western margin of Schoolhouse Road (S.R. 1426) approximately 528 feet to the intersection of the western margin of Schoolhouse Road (S.R. 1426) and the western margin of Turnpike Road (S.R. 1328) (it is noted that Old Turnpike Road and Turnpike Road are both designated as S.R. 1328); thence, following the western margin of Turnpike Road (S.R. 1328) in a southwesterly direction approximately 3,432 feet to the intersection of the western margin of Turnpike Road (S.R. 1328) and the southern margin of Warlick Road (S.R. 1329); thence, following the southern margin of Warlick Road (S.R. 1329) in a southeasterly direction approximately 700 feet to the intersection of the southern margin of Warlick Road (S.R. 1329) and the center line of Boylston Creek; thence, following the center line of the aforesaid creek in a northeasterly direction approximately 5,950 feet to a point located at the intersection of Boylston Creek and the southern margin of Banner Farm Road (S.R. 1331); thence, following the southern margin of Banner Farm Road (S.R. 1331) in a southeasterly direction, approximately 1,584 feet to the intersection of the southern margin of Banner Farm Road (S.R. 1331) and the eastern margin of Ladson Road (S.R. 1314); thence, following the eastern margin of Ladson Road (S.R. 1314) in a northeasterly direction approximately 5,808 feet to the intersection of the eastern margin of Ladson Road (S.R. 1314) and the center line of Boylston Creek; thence, following the center line of the aforesaid creek in an easterly direction approximately 3,650 feet to the confluence of Boylston Creek and the French Broad River; thence, following the center line of the French Broad River in a northerly direction, approximately 400 feet to a point located at the intersection of the French Broad River and N.C. Highway 191; thence, continuing with the center line of the French Broad River in a northerly direction, approximately 17,100 feet to a point located at the intersection of the French Broad River and the center line of Butler Bridge Road (S.R. 1351); thence, following the center line of Butler Bridge Road (S.R. 1351) in an easterly direction, approximately 5,280 feet to the intersection of the center line of Butler Bridge Road (S.R. 1351) and the center line of I- 26, said intersection also being a point in the Cane Creek Water and Sewer District boundary; thence, along and with the boundary of the Cane Creek Water and Sewer District as follows: following the center line of I-26 in a northwesterly direction, approximately 4,000 feet, to the intersection of the center line of I-26 and the center line of Cane Creek; thence, following the center line of Cane Creek in a westerly direction, approximately 5,650 feet to the center line of the French Broad River; thence, crossing the French Broad River in a westerly direction to the southeast corner of the James A. Ford property (DB/PG 595/873, Henderson County Registry); thence, following the southern boundary of the Ford property approximately 1,100 feet to the southeast corner of Arnold D. Miles property (DB/PG 535/117, Henderson County Registry); thence, following the southern boundary of the Miles property approximately 1,100 feet to the southeastern most corner of the Elbert S. Brown property (DB/PG 467/81, Henderson County Registry); thence, following the southern boundary of the Brown property approximately 750 feet to the Marie-Jeanne Cadgene property (DB/PG 910/713, Henderson County Registry); thence, following the southern boundary of the Cadgene property in a southwesterly direction, approximately 1,500 feet to the eastern margin of Fanning Field Road (S.R. 1354); thence, following the eastern margin of Fanning Field Road (S.R. 1354), crossing N.C. 280, in a northerly direction, approximately 2,850 feet to a point in the eastern margin of Fanning Field Road (S.R. 1354), said point also being located on the boundary of the Cadgene property; thence, following the Cadgene property line approximately 590 feet to the center line of McDowell Creek; thence, following the center line of McDowell Creek (being a Cadgene property line) in a northerly direction approximately 1,150 feet to a point; thence, continuing along the Cadgene property line in a westerly direction approximately 1,550 feet to a point; thence, continuing along the Cadgene western property line, approximately 1,700 feet to a point in Butler Farm Road, said point being the beginning point and being located at the western corner of the Cane Creek Water and Sewer District.
- Upon and after the July 1, 2000, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
- The Henderson County Utilities Director shall keep a map of the subject property on file at the Henderson County Utilities Department office, which is currently located at 100 North King Street, Hendersonville, North Carolina, 28792.
- Money from the Emergency Telephone System Fund shall be used only to pay for:
- The lease, purchase or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
- The rates associated with the service supplier's 911 service and other service supplier recurring charges.
- The following expenses are not eligible for payment from the fund: the lease or purchase of real estate; cosmetic remodeling of emergency dispatch centers; hiring, training and compensating dispatchers; and the purchase of mobile communications vehicles, ambulances, fire engines or other emergency vehicles.
- The County may contract with a service supplier for any term negotiated by the service supplier and the County and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
91-5. 2002 Extension of Boundaries
- By virtue of the authority granted by N.C.G.S. 162A-87.1, the boundaries of the Cane Creek Water and Sewer District are hereby extended to include the properties located with the boundary described below and all such properties are hereby annexed and made a part of the Cane Creek Water and Sewer District as of July 1, 2002: Beginning at a point located at the intersection of the southern margin of Banner Farm Road (SR 1331) and the eastern margin of Ladson Road (SR 1314), said beginning point also being the southernmost point in the existing Cane Creek Water and Sewer District boundary; thence, along and with the southeastern boundary of the existing Cane Creek Water and Sewer District and following the eastern margin of Ladson Road (SR 1314) in a northeasterly direction approximately 5,808 feet to the intersection of the eastern margin of Ladson Road (SR 1314) and the center line of Boylston Creek; thence, following the center line of the aforesaid creek in an easterly direction approximately 3,650 feet to the confluence of Boylston Creek and the French Broad River; thence, following the center line of the French Broad River in a northerly direction, approximately 400 feet to a point located at the intersection of the French Broad River and N.C. Highway 191; thence, continuing with the center line of the French Broad River in a northerly direction, approximately 17,100 feet to a point located at the intersection of the French Broad River and the center line of Butler Bridge Road (SR 1351); thence, following the center line of Butler Bridge Road (SR 1351) in an easterly direction, approximately 5,280 feet to the intersection of the center line of Butler Bridge Road (SR 1351) and the center line of I-26, thence southerly along and with the center line of Interstate Highway 26 approximately 3,200 feet to a point which is the intersection of the center lines of Interstate Highway 26 and U.S. Route 25, thence northerly along and with the center line of U.S. Route 25 approximately 800 feet to the intersection of the center lines of U.S. Route 25 and Old Hendersonville Road (SR 1536), thence easterly along and with the center lines of Old Hendersonville Road (SR 1536) approximately 1,400 feet to the intersection of the center lines of Old Hendersonville Road (SR 1536), sometimes referred to as Old Howard Gap Road, and the Southern Railway main track, thence northerly along and with the center line of the Southern Railway main track approximately 8,000 feet to a point where the Southern Railway track intersects with the center line of Cane Creek, thence easterly along and with the center line of Cane Creek approximately 1,400 feet to a point where the center line of Cane Creek intersects with the center line of Howard Gap Road (SR 1006), thence southerly along and with the center line of Howard Gap Road (SR 1006) approximately 1,000 feet to a point that is the intersection of center lines of Howard Gap Road (SR 1006) and Jackson Road (SR 1539), thence easterly along and with the center line of Jackson Road (SR 1539) approximately 11,000 feet to a point where the center line of Jackson Road (SR 1539) intersects with the center line of Hooper's Creek, thence easterly along and with the center line of Hooper's Creek approximately 3,000 feet to a point where the center line of Hooper's Creek intersects with the center line of Souther Livingston Road (SR 1552), also known as Livingston Road, thence northerly along and with the center line of Souther/Livingston Road (SR 1552) approximately 1,600 feet to a point where the center line of Souther/ Livingston Road (SR 1552) intersects with the center line of Jackson Road (SR 1539), thence northeasterly along and with the center line of Jackson Road (SR 1539) approximately 2,000 feet to the intersection of the center lines of Jackson Road (SR 1539) and Hooper's Creek Road (SR 1553) thence westerly along and with the center line of Hooper's Creek Road (SR 1553) approximately 3,000 feet to the intersection of the center lines of Hooper's Creek Road (SR 1553) and Burney Mountain Road (SR 1552), thence northwesterly along and with the center line of Burney Mountain Road (SR 1552) approximately 3,000 feet to the intersection of the center lines of Burney Mountain Road (SR 1552) and Mills Gap Road (SR 1551), thence northerly along and with the center line of Mills Gap Road (SR 1551) approximately 1,000 feet to the intersection of the center line of Mills Gap Road (SR 1551) with the Henderson County/Buncombe County line, thence from the intersection of Mills Gap Road (SR 1551) and the Buncombe & Henderson County Line and leaving the boundary of the existing Cane Creek Water and Sewer District, East along and with the Buncombe & Henderson County Line approximately 20,693 feet to the intersection of the Buncombe & Henderson County Line and Young's Gap Road (SR 1571), thence, leaving the Buncombe & Henderson County Line, South along and with the center line of Young's Gap Road (SR 1571) approximately 8,470 feet to the intersection of Young's Gap Road (SR 1571) and Lindsey Loop Road (SR 1553), thence along the center line of Lindsey Loop Road (SR 1553) approximately 2,579 feet to the intersection of Lindsey Loop Road (SR 1553) and Hooper's Creek Road (SR 1569), thence along and with the center line Hooper's Creek Road (SR 1569) approximately 3,529 feet to the intersection of Hooper's Creek Road (SR 1569) and Hooper's Creek Church Road (SR 1570), thence continuing South along and with the center line of Hooper's Creek Church Road (SR 1570) approximately 1,693 feet to the intersection of Hooper's Creek Church Road (SR 1570) and Terry's Gap Road (SR 1565), thence along and with Terry's Gap Road (SR 1565) Southeast approximately 7,092 feet to a point on a line between Hightop Mountain and Bearwallow Mountain, that same line being a point in the northwestern boundary of the Hendersonville Mud Creek Sewer District, thence along and with this northwestern boundary of the Hendersonville Mud Creek Sewer District the following 11 calls and distances: South 57 deg. 21 min. 35 sec. West 4,489.20 feet to a point on Hightop Mountain, thence South 12 deg. 34 min. 21 sec. West 11,957.81 feet to a point on Rocky Mountain, thence South 48 deg. 42 min. 17 sec. West 6,835.26 feet to a point on Bryson Mountain, thence South 37 deg. 49 min. 38 sec. West 9,733.11 feet to NCGS Grid Monument Berkley, thence North 67 deg. 31 sec. 57 min. West 4,074.39 feet to NCGS Grid Monument Stoney, thence South 36 deg. 04 min. 56 sec. West 5,104.83 feet to NCGS Grid Monument Roe, thence North 43 deg. 40 min. 11 sec. West 2,162.01 feet to NCGS Grid Monument Scott, thence North 16 deg. 28 min. 08 sec. West 2,055.96 feet to NCGS Grid Monument Sedge, thence South 73 deg. 49 min. 14 sec. West 4,950.99 feet to a point, thence South 1 deg. 18 min. 18 sec. West 7,787.27 feet to NCGS Grid Monument Turley, thence South 25 deg. 29 min. 17 sec. West, 100.80 feet to the intersection of Shaw Creek; thence leaving the northwestern boundary of the Hendersonville Mud Creek Sewer District along and with the center line of Shaw Creek to the intersection of Shaw Creek and U.S. Highway 64, thence along and with the center line of U.S. Highway 64 to the intersection of U.S. Highway 64 and Banner Farm Road (SR 1331), thence along and with the center line of Banner Farm Road (SR 1331) approximately 8,286 feet to the intersection of Banner Farm Road (SR 1331) and Ladson Road (SR 1314), and being the point and place of beginning.
- Upon and after July 1, 2002, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Cane Creek Water and Sewer District of Henderson County, North Carolina and shall be entitled to the same privileges and benefits as other parts of the Cane Creek Water and Sewer District of Henderson County, North Carolina.
- The Henderson County Utilities Director shall keep a map of the subject property on file at the Henderson County Utilities Department office, which is currently located at 100 North King Street, Hendersonville, North Carolina, 28792.
- Money from the Emergency Telephone System Fund shall be used only to pay for:
- The lease, purchase or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing and nonrecurring costs of establishing a 911 system; and
- The rates associated with the service supplier's 911 service and other service supplier recurring charges.
- The following expenses are not eligible for payment from the fund: the lease or purchase of real estate; cosmetic remodeling of emergency dispatch centers; hiring, training and compensating dispatchers; and the purchase of mobile communications vehicles, ambulances, fire engines or other emergency vehicles.
- The County may contract with a service supplier for any term negotiated by the service supplier and the County and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
91-1.Through 91-25. (Reserved)
- Each telephone service supplier shall provide subscriber telephone numbers, names and service addresses to the 911 system(s) subscribed to by the County. Although customer numbers, names and service addresses shall be available to 911 systems, such information shall remain the property of the disclosing service supplier. The total cost of the system shall include expenses paid to service suppliers to provide and maintain 911 information. This information shall be used only in providing emergency response services to 911 calls. The County may not release a telephone number required to be provided under this section to any person for purposes other than including the number in the emergency telephone system database or providing the number to permit a response to a police, fire, medical or other emergency situation.
- To the extent necessary to provide 911 services, private listing customers of a service supplier in a 911 service area waive the privacy afforded by nonlisted and nonpublished numbers when 911 service is established.
- No service supplier or agent or employee of a service supplier shall be liable to any person providing 911 service established under this Chapter for release of emergency telephone information specified in this section that is not already part of the public record, including nonlisted or nonpublished telephone numbers.
A service supplier, including any telephone company and its employees, directors, officers and agents, is not liable for any damages in a civil action for injuries, death or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or of any of its employees, directors, officers or agents, except for willful or wanton misconduct, in connection with developing, adopting, implementing, maintaining or operating any 911 system.
When an individual physically resides in an adjacent county but receives local exchange telephone service from a central office in the County, it shall be the responsibility of the County to notify the appropriate public agency of a request for public safety service from such individual.
Any person who intentionally calls the 911 number for other than purposes of obtaining public safety assistance shall be subject to the penalties set forth in Henderson County Code, Chapter 1, General Provisions, Article II.
