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HomeMy WebLinkAboutAgenda - 06-15-2010- 4ccORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 15, 2010 Action Agenda Item No. 4 - CC SUBJECT: Efland Sewer New Customer Information Packet and Outreach DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): (Under Separate Cover) 1. Sample "Community Public Sewer Program Package" for New Signer 2. Map of Expanded Service Area 3. Sewer Extension Outreach Schedule 4. Projected Pre - Construction Timeline INFORMATION CONTACT: Craig Benedict, Planning Director, 245-2592 John Roberts, County Attorney, 245 -2318 Kevin Lindley, Staff Engineer, 245 -2583 Dottie Schmitt, Economic Development Specialist, 245 -2327 PURPOSE: To review a "Community Public Sewer Program Package" and Outreach Program for property owners in the area of the Efland Sewer expansion. BACKGROUND: County staff members (Planning, Attorney's Office and Economic Development) have been working on a packet of information regarding the upcoming Efland sewer expansion project. A similar package will be developed for North Buckhorn. The purpose of the package is to inform property owners of the upcoming overall sewer program and how it affects them individually. Agreements for sewer service from over 25 years ago need to be updated as well as begin the process of obtaining easements. The BOCC on May 6, 2010 authorized staff to re- evaluate the rate schedule for the Efland sewer system and bring back recommendations and amendments in September. Package Contents: The packet includes a description of the project and map of the project location. Other general information such as a description of the existing costs to connect and the cost of service are included. (Please note: These costs are under review.) In addition to this general information, each packet will be tailored to a specific parcel in the sewer expansion area. Other information to be included in the packet is: • the location of the new sewer line with relation to a property owner's parcel, • whether an easement will be needed, • whether the parcel was owned by an original signer for sewer service in 1985, and • the number of requested Equivalent Residential Connection (ERC). 2 Attachment 1 is a packet for a parcel that did belong to an original signer. The original agreement is included along with a new connection agreement. Since an easement is needed, the easement portion of the packet is included. The property owner also owns multiple parcels. Attachment 2 shows the potential expanded service area and the map indexing system used to refer to the individual parcels. Every colored parcel will have a packet created. Some of these parcels are undeveloped and some are not adjacent to a sewer line. Nevertheless, staff believes it is important to begin the dialog regarding sewer service with owners of these parcels and give them an opportunity to be part of this sewer expansion program to leverage the capital project economies of scale. Outreach: County staff is planning on meeting with the public after the packets and concepts therein have been approved in order to distribute the information packets and answer any questions customers may have. After this initial meeting, there would be follow -ups with those who attended the meeting and any packets not distributed at the meeting would be mailed out to the property owners. This series of meetings will serve as a continuation of ongoing effort by County staff to obtain the necessary easements for the sewer line extension and as an opportunity to inform the public about how sewer connection works and what would be involved to connect. (See Attachment 3) Easements: Before construction plans are approved and the project is awarded, Orange County must accept a voluntary dedication, acquire, negotiate or condemn utility easements. Sewer cost efficiencies and incentives: There are efficiencies to be gained by having as many new customers as possible connect to the new system once it is ready for operation. Given the current economic climate and the relatively high costs of sewer connection, staff suggests that incentives be offered to encourage potential customers to sign connection agreements before the system is operational. This will be proposed for discussion by the BOCC in September /October 2010. Some Hillsborough fees have been waived pursuant to the County's 1988 capacity agreement with the Town of Hillsborough and there will be a discussion of further credits if the County's total reserve capacity is modified. Old sewer connection agreement: Approximately 58 of the roughly 100 planned connections in the expansion area (Phase I East and Phase 2) are to parcels for which an agreement was signed in the mid -1980s to connect to sewer once sewer service is available. The "original signers" granted the County sewer easements where needed across their entire property in exchange for a waiver of not only the County's $1,000 per acre and $600 per ERC fees, but also Hillsborough's sewer capital facilities fee (this was paid by the County to Hillsborough in a lump sum at the time). After legal review of these documents by the County Attorney, it was determined that none of the documents had been recorded. Also, many of the individuals who signed the documents in the mid -1980s are deceased and none of the agreements were signed by the County. For these reasons, staff has determined that many of these agreements are no longer valid and new agreements would need to be drawn up, signed by the current owners of the various properties and then recorded. The present scenario is that the terms offered to the original signers would be offered to the current owners of the same parcels. However, staff is examining a more comprehensive program at this time that will include both existing and future customers. Monthly cost: On May 6th the BOCC and Manager suggested staff amend the fee schedule after July 1, 2010 rate increase and bring back the sewer ordinance and fee structure. Rate structure: One important point to remember about the rates is that at the current time (and even after the rate increase in July 2010), the rate collected for monthly sewer usage from Efland sewer customers is less than the rate the system is charged by the Town of Hillsborough for treatment. As long as this continues to be the case, the addition of each new customer (and therefore, more monthly sewer usage) will likely result in an incrementally worse financial condition for the system. Related Planning Changes Underway: This work creates strong economic development potential for the area. The Efland- Mebane Small Area Plan ( EMSAP), adopted in June 2006, contains recommendations on water and sewer planning; revisions to the Water and Sewer Management, Planning, and Boundary Agreement ( WASMPBA); and Land Use Plan changes. WASMPBA changes are currently being considered and have been approved by all signatory parties except for the Town of Carrboro and the BOCC (which will consider the amendments after the other signatory parties have approved them). Amendments to the Land Use Plan can move forward with the approval of the Upper Eno Critical Area amendments at the Board's June 1, 2010 meeting and after the WASMPBA amendments are approved (scheduled for August 17, 2010 if the Town of Carrboro has approved the changes). The timing of these sequential amendments is important. Land Use Plan amendments may be presented at the November 22, 2010 Quarterly Public Hearing (QPH) or the February 2011 QPH. The exact QPH depends upon whether the related design guidelines for the proposed Efland Mixed Use area (currently being worked on by the EMSAP Implementation Focus Group) will be ready for the November QPH as the design guidelines should be considered concurrently with the Land Use Plan amendments. FINANCIAL IMPACT: There will be a financial impact associated with amending the fee and connection schedule. Staff will provide a financial assessment of the different system rate schedules and incentive scenarios by late summer 2010. RECOMMENDATION(S): The Manager recommends the Board: 1. Acknowledge the concept of the "Community Public Sewer Program Package" as presented for distribution to potential customers in the Efland Community; 2. Approve an Outreach Program including County staff meeting with the public to distribute the information packages, answer questions and prepare the agreements pending final incentive determinations; 3. Approve that the terms of the agreements made in 1985 (e.g. waiver of County and Hillsborough connection fees) for those parcels which belonged to "original signers," and authorize new connection agreements to be drawn up to that end for the current owners and the County to sign; and 4. Acknowledge that the County Attorney's office will be handling the legal aspects of the connection and easements agreements. Attachment 1 4 a � � d Program F'acka---% Table of Contents I. General A. Summary Attachment 1 B. 1. Location Map of Sewer Project 2. Brief Engineering Description of Proposed Project Including Financing II. Specific A. Property Owner Summary Sheet B. Location Map of Specific Property Owner III. Specific Agreements and Documents A. Original 1985 Sewer Easement and Agreement (If applicable) B. Property Owner and Orange County Public Sewer Connection Agreement C. Property Owner and Orange County Public Sewer Easement Dedication (If applicable) 1. Easement Document 2. Easement Sketch and Legal Description IV. Supporting Information A. Fee Structure 1. Connection and Availability Fees 2. Monthly User `Consumption' Rate 3. Plumbing Costs /Septic System Close -out Efland Community Public Sewer Program Package M SummaEy The Efland sewer system was conceived 25 -30 years ago as a way to help a community and a school with failing septic tanks and few other sewer options. Engineering studies done at the beginning showed that a certain number of customers would be needed for a gravity sewer system to make sense. So, a campaign was begun to have folks in the area sign up for sewer service. A portion of the first phase of the Efland sewer project was completed in 1988, what we now call Phase 1 West, but unfortunately, this phase only included about half of the folks who had signed up for sewer service. For the last several years, the County has been working with engineers and regulatory agencies to design and permit an expansion of the Efland sewer system. This expansion will serve the majority of the original signers for sewer, who have not had access to sewer service to this point. In addition, other people, businesses and properties in the area will have access to reliable wastewater treatment. The availability of public sewer in an area also tends to increase property values. For every benefit, there is a cost and the sewer system is no different. The rates for the system are scheduled to increase over the next few years. The rates have to increase in order to pay for the ever increasing cost of operation. Once the scheduled series of increases have gone into effect, the Efland sewer system rates will be high when compared with those of neighboring communities. One way to keep the rates as low as possible is to have more customers. Orange County has assembled this package of information for you. This will give you the basic information on how your property fits into the expansion of the system. The County has included estimates of fees and other installation costs for connecting to the system as well as an estimate of your monthly sewer bill. From some of you, we will need to get an easement. This lets the County install sewer lines on a part of your property and grants us access to these lines for future maintenance. The County is also working on incentives for people who sign up for sewer service before the lines are placed into service and who connect within a certain amount of time after sewer service is available. Both the easement document and the utility connection agreement are included for your review. I ■ a a (D � N o Q �f9 ■ V� v� o o `m o N.0 �_ •N to +D _ C N fQ= fII (Q C ?N o t m C F- F— m ? W (A CCU $ E C OJ N G N N N A t Y I f .-. C 777 e ......... ■ � ' O�x iL W m TV N W d d m d V + ■ vam LA i r , i r �) C, � _ � �� _ ■ �� coal .® is t,. � i I i a 1i F CL _I - i Q o R'Ic ell M 0 ND Z w 1 i Efland Community Public Sewer Program Package I -B.2 Brief Project Description The total project includes the construction of 20,000 linear feet of 8 -inch gravity sewer line, 2,460 linear feet of 6 -inch force main, and a new 250 gallon per minute sewer lift station. Approximately 100 entities in the Efland area, 84 of which are residential, will be served by the new sewer lines, along with the potential to serve several currently undeveloped properties. Sewage flow from the Efland area of the project will flow by gravity either to the existing McGowan Creek pump station or to the proposed Brookhollow pump station, which is part of this project. The Brookhollow pump station will pump to the McGowan Creek pump station. The McGowan Creek pump station pumps to a gravity line in the Town of Hillsborough's collection system and flows to the Hillsborough wastewater treatment plant. Both the McGowan Creek pump station and the Town of Hillsborough's wastewater treatment plant have sufficient capacity to handle the new wastewater generated, including future growth. Project Budget The overall cost of the project is estimated at $4,650,000. The total EPA special appropriation consists of appropriations from two separate years of $867,300 (net) and $481,100 (net). This money will be used solely to pay for the construction costs of the project. The matching funds for the appropriations and the remainder of the construction costs will come from a North Carolina Clean Water State Revolving Fund loan. The other project costs, such as engineering design, construction oversight, easement acquisition, etc. will be paid from the proceeds of a 1997 bond issued by the County to pay for expansion of the sewer system. Central Efland Sewer Extension Status Summary Information for Residents PROPERTY INFORMATION Index Number H01 Property Owner Name Baptist Home Missions, Inc. PIN 9854087250 TIVIBL 3.37.D.2 EASEMENT INFORMATION Approximate Easement Length (ft) ± 48 Approximate Easement Width (ft) +0-46 Easement Area (sf) 1,101 Total acreage (acres) 2.74 HISTORICAL INFORMATION Part of Original (^'1985) Agreement? Yes Name on Original (^'1985) Agreement Efland Baptist Church Number of Free Equivalent Residential Connections (ERCs) in Historical Agreement' 1 CURRENT INFORMATION Property Developed /Undeveloped ?Z Developed Name on New Agreement Baptist Home Missions, Inc. Number of ERCs in current sewer design 1 Number ERCs proposed, but not currently in design n/a CONNECTION INFORMATION 1) OC Availability Fee ($1,000 /acre+ $1,000 x 2.74) $ 2,740.00 2) Hillsborough Capital Facility Fee ($2,472 per tap) $ 2772.00 3) Orange County Tap Fee ($600 per tap) $ 600.00 Connection Incentives ?? Total Connection Fees (1 +2 +3) $ 0.00 1 ERC = --300 gallons per day of usage 2 `Developed' refers a property with one or more buildings with a value greater than $1 as referenced by Orange County Land Records Database ( http: / /www.co.orange.nc.us /gis/) 3 Assume 1 new connection per parcel if parcel does not currently have a tap in the sewer design. 4 Hillsborough Capital Facility Fee as of May 2010. 5 Connection Incentive provided per Orange County Connection Agreement (Proposal) N c- F "'o 00 C" O C) us 0 C) C, E(o .2 00 10 z In c 0 M 0 CL z N--I p CA 0 co 0(D C) C) lie (o LM --fgg ca Lo E (n co Ii 00 F IS 3ldVV4 C NEW 0 2 cL ce) ou = Cl C3 C E LM CL M .2, O CD� 2 c 0 c C) Is Nvo S AMEN 'IS>lV0 N 0 0 CL CL 2 2 � � � CD �:m I co CO) 'vo S O a- a- CD U_ p 0 650 2. -2. W C.,-R: -.0 L Lo co -so; C) E -a m a.s L LL L 0 0-cod C>,.g 1 orm C) cd 4) 069 E C14 co C) U_ p3 lh N_ 0'§ co uc IL CD cl CD it CL LM Ce) C) No CL 0 BID 00 ce) LL Lo co NORTH CAROLINA � �[ SEWER EASEMENT`�� _; f ORANGE COUNTY AND AGREEMENT,> >-,`J__ This Easement /Agreement, made and entered into this YuLl d a y o f �,%1r- - - - - - -- .�`ii�i2f% , 19 �'� by and between Efland Baptist Church.(white) hereinafter called Owner /User, and Orange County, 106 Margaret Lane, Hillsborough, North Carolina 27278, hereinafter called the County; W I TNESS ETH: Article I. Easement. In consideration of the promise of the County to permit Owner /User to connect to the County sewer system tD serve the property of Owner /User and in further consideration of the promise of the County to maintain said sewer system and apparatus from and after completion of construction and installation as hereinafter specified, Owner /User, and his /her or their successors and assigns, hereby give, grant, and convey unto the County, and its successors and assigns, a perpetual right and easement over, upon and through the property or properties described in Attachment A, attached and incorporated herein, to maintain one or more underground sewer lines and apparatus over, upon and through the property described in Attachment A. This easement includes the perpetual right and easement unto the County to go upon said lands whenever the same is reasonably necessary for the purpose of inspecting, maintaining and repairing said lines and apparatus; provided, however, that in repairing said lines, the County shall remove all surplus earth, shall make level the surface of the ground above said lines and apparatus, and shall interfere as little as is reasonably possible with any plants, fences, or other improvements upon the property or properties. Owner /User, and his /her or their successors and assigns shall, from time to time, at the request of County, execute, acknowledge and deliver to County any and all future instruments which may reasonably be required to give full force and effect to the provisions of this Agreement. To have and to hold said rights and easements to the County and its successors, in perpetuity. Article II. Sewer Connection. A. County agrees, subject to the terms and conditions of the Resolution of the County Board of Commissioners adopted November 209 1984, to construct and operate a sewer collection and treatment system which will serve the property of Owner /User described in Attachment A. A copy of the November 20, 1984 Resolution of the County Board of Commissioners is attached, labeled Attachment B, and incorporated herein. The construction and operation of the sewer collection and treatment system will further be subject to and performed in compliance with all regulations and ordinances which the County has now adopted and may adopt from time to time. B. Owner /User agrees to install and maintain at his /her or their own expense a service line from the sewer collection and treatment system to the-dwelling or place of use of Owner /User and that he /she or they will commence use of the sewer collection and -2- treatment system when it is placed in operation. An estimate of the cost to Owner/User to install: the- service line to his /her or their dwelling or place of use is stated in Attachment C which is incorporated herein. C. Owner /User. agrees to pay all charges made by County for connection to the sewer collection and treatment. system and for the operation of that system according to. duly enacted rate schedules of County and as they may be changed from time to time. Owner /User further agrees to pay all charges made whether or not he /she or they actually connect to the system once the system is placed in operation by County. A schedule of initial estimated charges for the operation of the system are contained in Attachment B. County is not bound to operate the system at these estimated rate levels and Owner /User agrees and understands that the actual charges may vary from the estimates but that Owner /User nevertheless agrees to pay the actual charges made. D. Owner /User agrees to comply with all ordinances, regulations and rules of County related to the sewer collection and treatment system. E. Owner /User hereby subjects the property described in Attachment A to a lien to secure the payment to County of all charges made by County for connection to the sewer collection and treatment system and for the operation of the system. Owner /User hereby further agrees that his /her or their obligation to connect to the system and to pay all charges made for connection and operation -3- is one which may be specifically enforced by County in a civil action brought by County against Owner /User for such enforcement. F. Owner /User understands that he /she or they are entering into this agreement with County to induce County to construct and operate the sewer collection and treatment -v.,,ystem which is the basis for this agreement and that the system will in all likelihood only be constructed and operated by County if at least 179 persons, firms or corporations located in Phase I of the Project Area as defined in Attachment B apply for, by entering into this agreement with the County, connection to and sewer service for existing dwellings and businesses during an = initial application period established by the County Board of Commissioner's. '-In ,the event the system is not constructed Owner /User shall not be obligated to pay any charges and this agreement is in all respects null and void. IN WITNESS WHEREOF, Owner /User has hereunto set his/her or their hands and seals; and, if corporate, has caused this document to be executed in its corporate name by its President, witnessed by its Secretary, and its corporate seal hereunto affixed all by authority of its Board of Directors duly given; and the County has caused this Easement/Agreement to be executed in its name by the Chairman of its Board of Commissioners, attested to by its Clerk, and its official seal to be hereunto affixed, all by authority duly given by the Board of County Commissioners. (SEAL) (SEAL) -4- ( SEAL) Witness ATTESTED TO: BY: SECRETARY ATTESTED TO: BY: CLERK N - -- NORTH CAROLINA ORANGE COUNTY ( SEAL) NAN[E OF CORPORATION BY: :. P ;IDENT ORANGE COUNTY BY: _ CHAIR, BOARD OF COUNTY C(AIMISS IONERS I, the undersigned Notary Public, certify that on the day of 19__, .before me personally came and acknowledged the due execution of the foregoing Easement/Agreement. Witness my hand and, notarial seal this day of , 19_ My commission expires: _N NORTH CAROLINA ORANGE COUNTY -5- NOTARY PUBLIC a: Notary Public for said County and State, do hereby certify that - - - -- personally appeared before me this day, and being duly sworn, stated that in his /her presence ����� _ acknowledged the execution of the foregoing Easement/Agreement. Witness my hand and notarial seal this �� day of 19! ill My commission expires: My Commission Expires 11 -6 -0 NORTH CAROLINA Y ORANGE COUNTY I, the undersigned Notary Public, certify that on the day of , 19__, before me personally came b me personally known, who being by me duly sworn, did depose and say that he /she is Secretary of , the corporation described in the foregoing Easement/Agreement; that by authority duly given and as the act of said corporation, the foregoing Easement/Agreement was signed in its name by its President, sealed with its corporate seal and attested by said Secretary. Witness by hand and official seal. ------------------ - - - - -- NOTARY PUBLI C My commission expires: NORTH CAROLINA ORANGE COUNTY I, a Notary Public for the above County and State, do hereby certify that on the day 'of 19_, before me personally came Beverly Blythe to me personally known, who being by me duly sworn, did depose and say that she is Clerk to the Board of Commissioners of. Orange County, a body politic and corporate described in the foregoing Easement /Agreement; that b-y authority._ duly given and as the act of said county, the foregoing Easement /Agreement was signed in its name by the Chair of its. Board of Commissioners, Cler k. sealed with its seal and attested by said Witness my hand and official seal. My commission expires: &C -- NOTARY PUBLIC - -- Attachment A Property Description Property Owner: Efland Baptist Church Property Address: Property Description: All the property shown on Deed 177 -256 Tax Map 37.D.2 • ATTACHMENT B. Orange County Board-of Commissioners RESOLUTION WHEREAS the Efland- Cheeks Elementary School, one of the schools in the Orange County School System, has experienced and continues to experience serious problems with its wastewater treatment facili ties ' in that those facilities have failed in the past and now, although functioning, are not doing so properly; and WHEREAS the improperly functioning wastewater treatment ,facilities are discharging incompletely treated sewage into McGowan Creek, a stream that is part of the Upper Eno watershed with a II -A nutrient sensitive classification by the State; and WHEREAS incompletely or poorly treated sewage is also entering McGowan Creek and other streams that are part of the Upper Eno watershed as the result of malfunctioning or non - functioning septic tanks in the Efland Estates Subdivision: and other areas in the watershed; and WHEREAS the cause of the improperly functioning wastewater systems is the pervasiveness of soil types in this region of Orange County which do not provide a geologically suitable medium for subsurface wastewater treatment systems; and WHEREAS the Upper Eno watershed provides the raw water supply for Corporation Lake, the source of raw water for the Orange- Alamance water system and for Lake Ben Johnson, the source of raw water for the Hillsborough town water system which in turn is a source of treated water for the Orange Water and Sewer Authority, in times of drought; and WHEREAS all of the above has created and continues to create a health hazard that affects a substantial number of the people of Orange County; and WHEREAS on September 13, 1984 the Board of Commissioners, recognizing the risk to the health, safety and welfare ' of the people of Orange County affected by the conditions stated above, found that an emergency existed which warranted the issuance by Orange County of net debt reduction, general obligation bonds in connection with and for the purpose of repaying a $200,000.00 loan from the Farmers Home Administration which loan has been approved in principle by FM-HA along with. a grant to Orange County in the amount of $589,300.00 for the construction by Orange County of a sewer collection and treatment system to serve the area of Orange County identified as the principal source of the risk to the health, safety and welfare of the people of the County; and WHEREAS the Board of Commissioners now has agreed on the conditions under which the sewer collection and distribution system will be constructed. -2- 1. Orange County will construct a sewer collection and treatment system [Hereinafter called the System] to serve existing dwel�•ings and businesses within Phase I of the Project•.Engineer's Preliminary Report, 5th Edition dated April 5, 1984, last revised August 7, 1984. [Hereinafter called Phase I of the Project Area] 2. Orange County will appropriate $136,000 to the Orange County Utility Enterprise Fund. The principal plus interest at the interest rate charged on delinquent ad valorem taxes shall be repaid from that fund to the Orange County General Fund by the assessment of tap fees of $600 per residential equivalent connection. 3. Each person, firm or corporation connecting to the system, .other than those initially connected from among those intially applying for connection, shall pay a $600 per residential equivalent tap fee to the Enterprise Fund. 4. Those persons, firms or corporations initially connecting, from those initially applying for connection, shall be exempt from the $600 tap fee. The Board shall establish by Resolution deadlines for initial application and initial connection. -3- 5. The Enterprise Fund shall be perpetual in duration. ;..,Once the $136,000 plus interest appropriated 'by Orange County is repaid, the Fund shall be used as deemed appropriate by the Board for further utility needs:;` 6. A tap fee of $10,000 shall be paid to the Town of Hillsborough by Orange County for the connection of the first 212 existing dwellings and businesses within Phase I of the Project Area. This $10,000 tap fee shall be an appropriation by Orange County to the*System and shall not be recouped through user fees or otherwise by Orange County. Those persons, firms or corporations connecting to the system after the first 212 connections shall pay tap fees to Orange County and the Town of Hillsborough in a amount established by policies and procedures of the County and the Town of Hillsborough from time to time. 7. A tap fee of $5,000 shall be paid to the Town of Hillsborough by Orange County for the connection of the Efland Cheeks Elementary School to the system. This appropriation shall not be recouped through user fees or otherwise by Orange County. 8. The System will be undertaken and funded by Orange County only if at least 179 persons, firms -4- or corporations located in Phase I of the Project Area apply for connection to and sewer service for existing dwellings and businesses during the initial application perlpd. 9. The .operating expense pq -tion of the System budget shall be prepared on the basis of 233 initial connections. 10. User rates shall be as established on the attached rate schedule and may be revised from time to time as determined by the Board. 11. Orange: County will appropriate annually to the operating* revenues of the System operating budget the difference between annual expenditures and revenues received from user fees, investment and other income of the System. AND WHEREAS the System Engineer has identified 14 parcels of land improved with dwellings or businesses which are not located within Phase I of the Project Area but which are located adjacent to it and on Southern Avenue; and WHEREAS it may be feasible to connect these parcels to the System within the System budget. IT IS THEREFORE FURTHER RESOLVED THAT: Provided the bid for the System, including construction of the portion of the System necessary to serve these 14 parcels, which is accepted by Orange County is within -5- the System budget, the 14 parcels shall be added to and considered to be part of Phase I of the Project Area in all respects except as follows: Priority shall be giv'e,n to persons, firms or corporations located within Ruse I of the Project Area without inclusion of 'the 14 parcels located adjacent to it with respect to tap fees paid to the Town of Hillsborough. If there are 212 applicants for connection to the System within Phase I of the Project Area without inclusion of the 14 parcels adjacent to it which apply during the initial application period, each applicant from among Ahe.14 parcels shall pay tap fees to the County and the Town of Hillsborough as determined by policies of the County and the Town. Applications for connection from among the persons, firms or corporations owning the 14 parcels shall be .treated on a first -made basis with respect to tap .fees to the County and the Town of Hillsborough in the event there are more than 198 but less than 212 applicants for connection during the initial application period from within Phase I of the Project Area without inclusion of the 14 adjacent parcels. This the 2Ilth day of NO_yembp , 1984. -6- ESTIMATED RATE S CHEDUL E EFLAND AREA - WESTERN ORANGE COUNTY 54 1L013,000 233 ESTIMATED MONTHLY WATER B ILL 15.20 19.60 24.00 28.40 32.80 37.20 41.60 46.00 50.40 54.80 59.20 63.60 68.00 90.00. 328.00 15.20 15.20 15.20 SEWER SYSTEM EStiWATED LEER ESTIMATED NUMBER. OF CATEGORY MONTHLY USAGE CUSTOMERS Res i den ti al 3,000 (Min.) 116 Residential 4,000 13 Res 1 den ti al 5,000 12 Residential 61000 11 Residential 71000 8 Residential 8,000 6 Residenti al 9,000 3 Residential 10,000 1 Res i den ti al 11,000 1 Residential 12,000 2 Commercial 13,Od0 2 I ndustr ial 14,000 1 Commercial 152000 1 Commercial 20,000 1 Institutional 74,000 _ 1 179 Unimproved Parcels 3,000 36 Improved Parcels (Adjacent-Southern Avenue) 3,000 14 Unimproved Parcels (Adjacent- Southern Avenue) 3,000 4 54 1L013,000 233 ESTIMATED MONTHLY WATER B ILL 15.20 19.60 24.00 28.40 32.80 37.20 41.60 46.00 50.40 54.80 59.20 63.60 68.00 90.00. 328.00 15.20 15.20 15.20 Attachment C Service Line Connection Estimate Property Owner: Efland Baptist Church (.White) Property Address: Efland, N. C. 27243 Tax Map Reference: 37.D.2 You will have to construct a service line from your dwelling to the County connection line which will be located near the highway right -of -way. Estimated cost of connection will depend on the distance of line to.be installed, and the cost per lineal foot that is charged by the plumbing company you select. The County has received two estimates of the cost per lineal foot from local plumbing firms. Each has estimated the cost to be between $4.50 and $5.00 per foot. Based on an estimate of $5.00 per lineal foot, we estimate the service line connection will cost you This estimate may vary from the actual cost depending on whether.the plumber runs into substantial rock while digging or other unforeseen obstacles. This Utility Connection Agreement Prepared by John L. Roberts. Return after recording to John L. Roberts, P.O. Box 8181 Hillsborough, NC 27278. STATE OF NORTH CAROLINA UTILITY CONNECTION AGREEMENT COUNTY OF ORANGE THIS UTILITY CONNECTION AGREEMENT made this day of , 2010, by and between , grantors, of Orange County, North Carolina, hereinafter referred to collectively as "Owner" and ORANGE COUNTY, a North Carolina county, grantee, hereinafter referred to as "County." WITNESSETH: THAT WHEREAS Owner certifies they are the owner of certain real estate, hereinafter referred to as "easement premises" described on Exhibit A attached to and incorporated herein by reference; and Parties have agreed it is in their best interest for Owner to connect to County's sanitary sewer system, hereinafter the "utility system," upon its construction and installation. THEREFORE, in consideration of the foregoing and the additional covenants contained herein, if any, the Parties agree as follows: 1. County obligations. The County agrees to construct and operate utility systems which will serve the property of Owner. The construction and operation of the utility system will further be subject to and performed in compliance with all regulations and ordinances which the County has now adopted and may adopt from time to time. 2. Owner obligations. agrees to install and pay for all expenses related to connection to the utility system installed by the County. Owner agrees to pay all charges for the operation of the utility system according to duly enacted rate schedules of the County and as they may be changed from time to time. Owner further agrees to pay all charges made whether or not s /he actually connects to the system once the system is placed in operation by the County. 3a. Availablity fee(s). Owner agrees to pay all charges for availability of the utility service to the Owner's property according to duly enacted rate schedules of the County and as those charges may be changed from time to time. Owner agrees to pay the availability fee(s) regardless of whether s /he makes use of the utility system. 3b. Equivalent Residential Connections ()ERC). Owner requests equivalent residential connections. 4. Ordinances and regulations. Owner agrees to comply with all ordinances, regulations and rules of County related to the utility system connection. IN WITNESS WHEREOF, the Parties have set their hands and seals the date first above written. OWNER(S) STATE OF NORTH CAROLINA, ORANGE COUNTY. I, , a Notary Public for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Utility Connection Agreement. . WITNESS my hand and official stamp or seal, this day of , 20—. My commission expires: Attest: Clerk to the Board [SEAL] STATE OF NORTH. CAROLINA, ORANGE COUNTY. Notary Public Orange County Valerie Foushee, Chair Orange County Board of Commissioners I, , a Notary Public for said County and State, do hereby certify that Donna Baker personally appeared before me this day and acknowledged that she is the Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the Act of said County the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. WITNESS my hand and official stamp or seal, this day of , 20—. Notary Public My commission expires: Prepared by: John L. Roberts, P.O. Box 8181 Hillsborough, NC 27278 9854 -08 -7250 Return after recording to John L. Roberts NORTH CAROLINA, ORANGE COUNTY. THIS DEED OF EASEMENT made and entered into this the day of , 2010, by and between BAPTIST HOME MISSIONS, INC., a North Carolina nonprofit corporation of Orange County, North Carolina, Party of the First Part, and ORANGE COUNTY, a body politic and corporate of Orange County, North Carolina, Party of the Second Part; WITNESSETH That for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the Party of the Second Part to the Party of the First Part, the receipt of which is hereby acknowledged, the Party of the First Part has granted, released, assigned, set over, sold and conveyed, and by these presents does hereby grant, release, assign, set over, sell and convey unto the Party of the Second Part, its successors and assigns, (1) a Perpetual Easement for the location, construction, operation, maintenance, alteration; repair and patrol of underground sanitary sewer and/or other utility lines; and, (2) a Temporary Construction Easement for the purpose of constructing, installing and placing underground sanitary sewer and/or other utility lines; both together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right -of -way; reserving, however, to the land owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines and right -of -way in, on, over and across a parcel of land lying and being in Cheeks Township, Orange County North Carolina, having PIN 9854 -08 -7250 and described in Deed Book 2295 at Page 460, Orange County Registry, and said perpetual easement containing 1,100.76 square feet, more or less, and being more particularly described as follows: (1) Perpetual Easement - BEGINNING at the Northeast corner of the Baptist Home Missions, Inc., Property located at Southwesterly corner of the intersection of U.S. Highway 70 and North Carolina Secondary Road 1326, and recorded in Deed Book 2295 at Page 460, Orange County Registry, PIN 9854 -08 -7250, the Point of Beginning, thence S. 89 °45'39" W. 48.22 feet with the southerly margin of the U.S. Highway 70 Right of Way to a point; thence S. 46 °21'21" E. 65.87 feet to a point; thence N. 00 °41'36" E. 45.66 feet with the westerly margin of the North Carolina Secondary Road 1326 Right of Way to a point, the Point of Beginning as shown on an unrecorded plat entitled "Sewer Easement Plat of Property of Baptist Home Missions, Inc.," dated March 16, 2010, and surveyed and platted by Jeff P. Williams and attached hereto as "Attachment A." (2) Temporary Construction Easement — Said temporary construction easement shall extend no more than ten (10) feet beyond each surveyed boundary line, not running with a roadway right of way, of the location of the Perpetual Easement as described in Section 1 above and as shown on an unrecorded plat entitled "Sewer Easement Plat of Property of Baptist Home Missions, Inc.," dated March 16, 2010, and surveyed and platted by Jeff P. Williams and attached hereto as "Attachment A." TO HAVE AND TO HOLD, said easements unto the Party of the Second Part, its successors and assigns in perpetuity, subject to the terms and provisions hereinabove set forth save and except the temporary construction easement will terminate upon completion of the construction of the sanitary sewer and/or other utility line. Said perpetual easement to be freely and fully transferable by the Party of the First Part to its heirs, successors, assigns, agents and/or contractors without prior notice, written or otherwise, to the Party of the First Part. AND the Parties of the First Part, for themselves, their heirs, successors and assigns, hereby warrant and covenant that they are the sole owners of the property hereinbefore described as the perpetual and temporary construction easements; that they have the right to grant the perpetual and temporary construction easements; that the said premises are free from encumbrances; and that they will forever warrant defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Parties of the First Part have hereunto set their hands and seals, the day and year first above written (CORPORATE SEAL) ATTEST: Baptist Home Missions, Inc. M Secretary President STATE OF NORTH CAROLINA, ORANGE COUNTY. I, , a Notary Public for said County and State, do hereby certify that , personally appeared before me this day and acknowledged (s)he is Secretary of BAPTIST HOME MISSIONS, INC., a Nonprofit Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by (her)(him)self as its Secretary. WITNESS my hand and official stamp or seal, this day of , 2010. Notary Public My commission expires: T 3O T ' °N J 8 Ce2 000•0a ®R sLZ5 qI—S 00Z Hod X nHns I...ns aid,„ qI—s 6II :.sappy ­0 VHFIOHYO HiHOM 'xd.Nn00 30NVHO 'dHHSNMOY SH33H0 rout su01SW4 awoH }sgdog 30 .UwdoHd .caa—pH 60LLN '0f1 9199'999'6161 99£OZ89'Md IOLLZ 9WNA0 47 -N 'woyi°o 7aw1S uq-n 3 - °M Ill aunln3lsrAlV 3Mp� OH1!}OtMlH�0N3 IWO z Milvii I I R� ig L— — — — — — — — — — — — — — — — — — — — — — — — — —0.— — I M/9 Out a T .« S) '15 31dVM1 T .0.0 — f M •"9F,IYAO S `tip a 5 i g I° EE MOW x@ w$ s E y O ygt :EST 3 £w 3s8� sL'Iw M _9f,IfA05 — M/pp �I1911d ,01 (SZfL M 1S MVO HMOS r------- a------ - - - - -o ------- - - - - -- ce E-i 9 a 3 s `mod Re g; > �z F 12 oil IRE gid MOW ism i WE all Efland Community Public Sewer Program Package IV-A *Example* New Customer Cost Summary Sheet There are several fees and costs associated with connecting to the sewer system. The following charts show these fees for the average-sized parcel in this area, which is about 2.4 acres. The fees shown in Figure 1 below are capital facility fees, for both Orange County and the Town of Hillsborough, and availability fees for Orange County. Capital facility fees and availability fees help pay for your portion of the repair costs on major pieces of equipment necessary to operate the system, such as pump stations, owned by Orange County and the wastewater treatment plant, owned and operated by the Town of Hillsborough. The current Town of Hillsborough fee for a new residential sewer connection is $2472. Orange County has a split fee structure which charges $1000 per acre of your parcel as an availability fee and $600 per residential sewer connection. The availability fee is charged once the sewer line has been installed and is available for you to connect. The connection fee is not charged until you apply for connection to the sewer system. In the example below, since the parcel size is 2.4 acres, the per acre availability fee is $2400. Your fee will be less than this if your parcel of land is smaller and more than this if your parcel of land is larger. All of the fees shown in Figure 1 are charged only once. *Example* Current Capital and Availability Fees for a 2.4 acre Parcel $6,000.00 - ■Orange County tap fee $5,000.00 ($600 per residence) $4,000.00 $3,000.00 a Orange County $2,000.00 availability fee ($1000 $1,000.00 $2,472.00 per acre) j i $- ❑Town of Hillsborough NOTE: All of these fees are as of capital facility fee April 2010, but are subject to (Wastewater Treatment Plant) lant) Figure 1 Efland Community Public Sewer Program Package In addition to the fees shown in Figure 1, there are some costs to connect to the system. A sewer stub-out, or tap, has to be installed on the new sewer line. The average cost is shown below. This cost will vary depending on whether you need to cross under a road to connect to the sewer line. You will need to have a plumber disconnect your house plumbing from your septic tank and connect to the sewer tap. The cost of this will vary depending on the distance the new sewer pipe has to go and other factors, such as trees or rock in the path of the trench. Once this is done, your septic tank will need to be abandoned by a licensed septic tank contractor. The cost of this operation will vary as well, depending on the location of the septic tank and how easy it is to get to it. An estimate of these costs is shown in Figure 2 below. Your costs may be higher or lower, as mentioned above, depending on your particular situation. All of these cost estimates are based on a conventional set of circumstances where the wastewater from your house can flow by gravity to the sewer line, the sewer line is on your property and there are no obstructions between your house and the new sewer line that would make trenching difficult. There may still be potential to connect to the sewer system if your property does not meet this description, but the costs could be significantly more, depending on your situation. *Example* Installation Costs 6,000.00 ■Estimated septic tank 5,000.00 abandonment cost (Based on an easily accessible 4,000.00 septic tank) $$ Estimated plumbing costs 3,000.00 (Based on 100 feet of 4 inch PVC line and no 2,000.00 obstructions to trenching) i 1,000.00 ❑Estimated sewer stub-out 1,572.40 cost (Based on a 4 inch connection on same side 0.00 of the street as the house) Costs Figure 2 Efland Community Public Sewer Program Package Once you are connected to the system, you will receive a monthly bill for the sewer you use. Your sewer bill is broken into two parts. The base charge is the same for every customer and does not change month to month. The usage charge is based on your water use and will change from month to month, depending on how much water you use. These monthly sewer fees are used to pay for the operation of the system, which includes repair and maintenance, billing, electricity, fuel, and treatment costs. The monthly bill for a customer using 6000 gallons per month as of the next rate increase in July 2010 is shown in Figure 3 below. Estimated Monthly Bill for Customer Using 6000 Gallons per Month as of July 2010 $140.00 $120.00 $100.00 $80.00 ■ Usage Charge ($8.82 per 1000 gallons used) $60.00 Base charge ($10.16 per month) $40.00 $20.00 $- Monthly Bill Figure 3 N C — � - UIL U Y •* OLL «N Q FRANKL N ADA R M; 8 &R of -° Y • c� [�o z ° N a°m zO� � i O �X co o Y � N 1 0t7 R N p OD O. O p p ® o ° �•- (( - - o -1 C44 ME p N N C3 0 .do ° o a p p N °o n _ � I • o z° r ---o W • _ = 8 m � v Ln v o o a) o � w o - p 4 - z N 1 O p ❑ f0 o Of ® .p _ O m O p p o o d' �•1p �_LL• _ �' u'S O iii $ -- o m• LJ M O uJ W 0� cS o �1 rn vdca o mm -• p�p0 a .p W. W pN OM W n� -♦ CD L OTcl♦O W p M II—�- - —p W ° fV • ♦ ♦ ♦ • w W p � p � - ! ♦ • Q a m y m W W a - p O ♦ _ l r } pI U ¢ N 7 - f M E °c m p p p p p • E LO O e N O N N p SOD. p p U d mco m p m°�N N Op I ❑ • _ O fig , RS � ° CO aop� - aim'm a Wm m M° N , m m o S �Tm�a m o Q \ c � m m Ti m m o 70 mm�E�c2 O o- N Eu°.U^ o y m � v 1 • � N�L u td'NM oD > NI 01311 ,� r 3 Attachment 3 Central Efland & Northern Buckhorn Sewer Extension Outreach Schedule Orange County staff members are planning a series of outreach sessions to distribute information about this upcoming project and what it means to affected citizens in both project locations. The packet for the Northern Buckhorn area will be smaller, since the original signer portion of the packet won't be included, and will have information related to the City of Mebane's connection fees and current utility rates, but will follow the same general format as the Central Efland packet. Staff proposes the following general outreach schedule: June 15, 2010 Receive Board of County Commissioner's (BOCC) approval for meeting with the public regarding this project and approval of information packet to be distributed. Late June 2010 Contact all potential customers by mail notifying them of the proposed outreach meeting and any issues specific to them, such as their status as an original signer and if an easement is needed across their property. Early -Mid Summer 2010 Have an initial outreach meeting with all potential customers in the Central Efland area to discuss the proposed sewer extension project, meet with individuals from whom we need easements, distribute the New Customer Information Packets and answer any initial questions. Hold a separate initial outreach meeting with the Northern Buckhorn potential customers to discuss the same issues. Late Summer 2010 Bring before the BOCC a suggested incentive package for new Efland sewer customers and suggested amendments to the Efland Sewer Resolution regarding fees and operating procedures. This will be an agenda item on one of the first BOCC meetings of the 11"1 f -fil Fall 2010 Second outreach and information meeting to distribute information regarding customer incentive packages in the Efland area and answer any citizen questions regarding the project. Continue to, stay in contact and work towards easement acquisition in both Central Efland and Northern Buckhorn project locations. Winter 2010 Finalize acquisition of easements needed for the sewer project Attachment 4 a r) a) 0 U N O O Z OI U 0 r N 7 a 0 0 c o> C O � C W Q L O (n (a a) L N � O 'S� 0 Y N 1 N N V E 0) ? U Q. O m E C o U } d U O 0 -0 O ?�, @ •� ?r C N O C — > '> a N �' > ,(D C Z U Cu N O N Q +. 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