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Home My WebLink About2004 S Purchasing - Utility Service Agreement with The City of Mebane for Buckhorn EDD Area. ,~ ~~lZ/2oog STATE OF NORTH CAROLINA COUNTY OF ORANGE UTILITY SERVICE AGREEMENT . s~ THIS AGREEMENT made and entered into this the ~ day of ~/~~,2004, by and between The City of Mebane, a North Carolina Municipal Corporation (hereinafter sometimes referred to as "the City" or "City") and The County of Orange, a political subdivision of the State of North Carolina (hereinafter sometimes referred to as "the County" or County"). WITNESSETH: WHEREAS the City of Mebane as an incorporated municipality operates a public water supply and distribution system and a public waste water collection and treatment system (sanitary sewer); and WHEREAS there exists in defined areas of Orange County a need to extend water and sewer treatment services to unincorporated areas of the County to provide such services to a proposed public school facility, public recreational facilities, defined areas where residential uses are permitted, and to a portion of an area designated on the Orange County Land Use Plan as the I-85/Buckhorn Road Economic Development District; and WHEREAS, subject to the receipt by the County of federal grant funds which the County has successfully applied for but not yet received and subject to the appropriation by the County of other funds necessary for the construction of the water and sewer systems that are the object of this agreement, the County is willing to install the necessary connections to the Mebane water and sewer systems and to install the outfall lines, water mains and related facilities including sewer lift stations as required for said service; . ~ NOW, THEREFORE, the Parties, in consideration of the mutual covenants herein contained agree as follows: Service area. The area to be served includes areas designated "Commercial/Industrial node" on the Orange County Land Use Plan located on the south of I-85/I-40 and a portion of the I-85/Buckhorn Road Economic Development District. Said areas are identified as "1 a," "lb," " 2a" and " 3" on the map attached hereto as Exhibit A, said map being incorporated herein by reference. The service area thus created contains a number of existing residential structures and one or more churches presently served by well and septic systems which will be eligible to be connected to the public water and sewer systems that are the object of this agreement. 2. Construction of facilities. Orange County shall, at no expense to the City of Mebane and subject to the receipt by the County of federal grant funds which the County has successfully applied for but has not yet received and subject to the appropriation by the County of other funds necessary for the construction of the water and sewer systems that are the object of this agreement, be responsible for the construction of the necessary water mains, sewer outfall lines and lift stations necessary to service the areas described above. Connections to the existing City systems will be made at points mutually agreeable to the parties. The County shall be responsible for securing the necessary permits, encroachment agreements, and approvals for the project from any regulatory agencies as shall be applicable. The City agrees to co- operate and assist the County as requested in the securing of said permits, approvals, and encroachment agreements. All such lines and facilities shall be constructed to existing City of Mebane standards. Plans and specifications shall be reviewed and approved by the City Engineer prior to awarding contracts for construction. 3. Ownership and Maintenance. Upon completion of the improvements described above, County shall by appropriate instrument transfer ownership of same and any easements or lift station sites to the City of Mebane. From and after said transfer, the City shall be responsible for all upkeep, operation and maintenance of the lines, lift stations, and related facilities; such upkeep, maintenance and repair or replacement to be at the sole cost and expense of City. ~. 4. Service Standards. Upon completion of said facilities, City agrees that it will provide water and sewer service to the service area. Said service will be provided utilizing water and sewer rates uniformly applied within Mebane's service areas to properties similarly situated. Connected properties maybe charged normal hookup or tapping fees, and connection or impact fees but will not be charged any assessment or fees in lieu of assessment designed or intended to recoup construction costs. The City agrees to waive hook up/tapping fees and connection/impact fees for the connection of existing residences and churches located within the service area and on Buckhorn Road provided that the City incurs no costs in association with such taps or connections. Individual connections other than existing residential uses or the public uses described above shall be subject to the approval of the City of Mebane. Provided, however, such approval shall not be unreasonably withheld and shall be based on the capacity of the system and the ability of the City's water and sewer system to provide service within the~entire service area of the City's water and sewer systems, consistent with the resources available to the City. The City acknowledges that industrial and commercial uses are .designed for inclusion within the I-85/Buckhorn Road Economic Development District and that such uses, if permitted by the County, will be served subject only to capacity issues. Individual users will be required to comply with system-wide regulations applicable to City water or sewer customers. Provided, however, applications for service for property located east of Buckhorn Road within the service area shall not be required to be accompanied by an application to the City for annexation into the corporate limits of the City unless the application clearly provides that it may not be acted on by the City within 12 months of its submission and after the issuance by the County of development approval and development perrnits for the property. The County, by action of its Board of Commissioners, may, on a case by case basis, waive the requirement that any such annexation application provide that it may not be acted upon by the City until 12 months after its submission and after the issuance by the County of development approval and permits for the property. 5. Planning Standards. Each party to this Agreement shall retain such planning and regulation of development powers and authority within the service area as shall now exist or are hereafter expanded or modified by North Carolina Statutes and agreements made from time to time by the City and County which agreements are authorized by North Carolina Statutes. Nothing . y. ` contained herein shall be construed to limit or to expand any such regulatory or planning jurisdiction or to limit the power of the City to annex into its corporate limits properties within the service area. 6. Additional Documentation. The parties agree to execute such other and further documentation or agreements as shall be necessary or desirable in effectuating this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. THIS AGREEMENT entered into this ~ day of ~~.. ors ATTE T: Clerk to the Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and F'scal Control Act. Or nge County Finance Officer Mayor, City of Meb e ATTEST: ~~~~ ~~ City Cler lsg:orangecounty\orange utility agmt revised by GEG clean.doc I ;' ~, .r; 1 r,; ~. ~,-~ E sr "~ ~1t7.1 EXhl~it A ~, i, r • ~'r ~' E ^~. t! ?_ S