Legislation Details

File #: 25-0121    Version: 1 Name:
Type: Resolution Status: To Be Introduced
File created: 3/7/2025 In control: City Council
On agenda: 3/18/2025 Final action:
Title: Resolution to Amend the Articles of Incorporation of the Cape Fear Public Utility Authority to Remove Term Limits
Attachments: 1. Resolution, 2. Articles of Incorporation, 3. Letter from CFPUA Director
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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title
Resolution to Amend the Articles of Incorporation of the Cape Fear Public Utility Authority to Remove Term Limits

body
Department:
City Attorney
Meeting Date:
3/18/2025
Contact Name:
Meredith T. Everhart
Public Hearing:
No
Contact Phone:
910-341-7820
Advertising Date/Advertised By:
N/A
Attachments:
Attachment #1: Resolution
Attachment #2: CFPUA Articles of Incorporation
Attachment #3: Letter from CFPUA Executive Director Requesting Change

PURPOSE:
The purpose of this resolution is to allow Council to consider a request from the Cape Fear Public Utility Authority ("Authority" or "CFPUA") to remove the term limits for the Authority's Board appointees, and to enable the City and County the freedom to reappoint CFPUA's Board members for additional three-year terms, in the discretion of the appointing boards, with the limitation that terms of elected Authority Board members would end when the elected member no longer holds office.

BACKGROUND:
The impetus for this request from the Authority is CFPUA's upcoming Southside Wastewater Treatment Plant ("SSWWTP") project, and the need to enable the City and County to extend the appointments of Board members with extensive institutional knowledge that would otherwise be term limited during the development of this project. Upon the Authority's creation in 2007, Section 3.2 of the Articles of Incorporation included a term limitation for appointees to no more than three full consecutive terms. Current CFPUA Board members have significant institutional knowledge of and experience with CFPUA's operations and finances, and that knowledge is deemed critical by the Authority to the successful implementation of the SSWWTP project.

New Hanover County, who jointly created CFPUA along with the City in 2007, will be considering the same change to the Articles of Incorporation at their next regularly scheduled business meeting.

budget
BUDGET IMPACT:
N/A.

recommendation
RECOMMENDATION / ACTION REQUESTED:
...

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