HomeMy WebLinkAboutAgenda - 05-26-2011 - 3 ORANGE COUNTY }
BOARD of COMMISSIONERS
ACTION AGENDA ITEM BSTRACT
Meeting Date: May 26, 2011
Action Agenda
Item
SUBJECT: Resolution Exercising orange C unt 's Right to Increase the Mixed Solid
Waste Tipping Fee to Mitigate Adverse Environmental Conditions and
Requesting Orange Cou ty's Partner Municipalities Endorse the Use of
Revenues Generated by the Increased Fees for F emediation Efforts in the
Rogers Road Area
DEPARTMENT: county Commissioners PUBLIC HEARING: l N
ATTAc lT S : INFORMATION CONTACT:
Resolution Sohn Roberts,.County Attorney, 245-2318
Copy of lnterloc l Agreement Frank Clifton, county Manager. 2 --23 6
PURPOSE: To consider approving a resolution exercising orange Coun y's right to increase
the mixed solid waste tipping fee to mitigate adverse environmental conditions and requesting
Orange C unty's partner municipalities endorse the use of revenues generated by the
increased fees for remediatlon efforts in the Rogers Road Area, ;
.
BACKGROUND: At the Board's May 17, 2011 regular meeting, the Manager er presented a plan
for the Remediation of the historic Rogers Road Community. Part of the plan included the
establishment ent of a Rogers Road Remediation Reserve Fund with an initial appropriation of
$750,000 from the Solid Waste Fund Balance effective Jury 1, 2011. In addition, the Manager
recommended a $5.00 miked solid waste tipping fee surcharge be established. effective July 1,
2011 to support the Fund. The Manager er further recommended that the surcharge incrementally
increase each fiscal year by a minimum $2 per ton as long as the landfill is operational to fund
the Solid Waste Rogers ers Road R.emed iation .reserve Fund. All funds would bet maintained in
the solid Waste Fund and used for rernediation of the Rogers road Community as directed by
the Board.
To implement a Mixed solid waste tipping fee increase, the Agreement for Solid Waste
Management solid waste (often referred to as the "In erlocal Agreement") approved in 19
y the County as well as the towns of Hillsborough, Chapel Hill, and Carrboro requires that the
Board of Commissioners adopt a resolution .starting the plans to increase the fee and that the
County provide a coley of the approved resolution to all the Agreement parties. The copy of the
approved resolution gust be provided to the Interlocal Agreement parties at least thirty (30)
days prior to implementation of the tipping fee increase, If the Board approves the resolution at
this meeting, the Clerk to the Board and Manager will provide copies of the resolution to each
town in order to meet the 30-dal requirement ent in advance of the projected July 1, 2011
implementation date.
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FINANCIAL IMPACT: There is no finandiai impact associated with consideration of the
resolution. The Landfill tipping fee surcharge could generate $1,800,000 over fire ,rears.
Combined with the $750,000 initial contribution from the Solid Waste Fund Balance', total
revenues of$2,550,000 could be established for the Rogers ers Road F eme i tion Reserve erve Fund.
RECOMMENDATIONS , The Manager recommends that the Board:
1) approve a resolution exercising Orange County}s right to increase the nixed solid waste
tipping fee to mitigate adverse environmental conditions and requesting Orange Count 's
partner municipalities endorse the use of revenues generated by the increased fees for
reme iation efforts in the Rogers road Area; and
2 direct the Clerk to the Board and Manager to provide copies of the resolution to each
Interlocai Agreement party in order to meet the 3 -d y requirement in advance of the
projected July 1, 2011 implementation date
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ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION EXERCISING ORANGE COUNTY'S RIGHT TO INCREASE THE
MIXED SOLID WASTE TIPPING FEE TO MITIGATE.ADVERSE
ENVIRONMENTAL CONDITIONS AND REQUESTING ORANGE COUNTY'S
PARTNER MUNICIPALITIES ENDORSE THE USE of AVENUES GE NE RATE
Y THE INCREASED FEES FOR REMEDIATION EFFORTS IN THE ROG RS
ROAD AREA.
WHEREAS, the Towns of Carr oro, Chapel Hill, and Hillsborough (the " adders") are
Partners with Orange County in managing solid waste through the Agreement Solid Waste
Management (the " green e t"); and
WHEREAS, orange County and its partners have, for many years, received comment on and
studied issues involved in rcme iating adverse environmental conditions and other adverse
conditions that may exist in the Rogers Road Area rear the orange County Landfill (the
"Landfill"); and
WHEREAS, orange County and its Partners have been presented, through the years, with
evidence l ortedly linking the operations of the Landfill to adverse environmental conditions
and other adverse conditions In the Rogers Road Area; and
WHEREAS, in spite of orange County and its Partners' best efforts, solutions to address
adverse environmental conditions and adverse hannful conditions in the Rogers Road Area have
failed to materialize to the extent necessary to properly address eo cenis and conditions o
finpoilance to the Rogers Road Area residents; and
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WHERE AS, Orange Counter and Chapel Hill and Carrboro residents who live in the Rogers
Road Area have endured, among other things, adverse environmental o di ons, poor living
conditions, landfill related odor conditions, contaminated drinking wells and failing septic
systems for many years; and
WHEREAS, Section 4 of the Agreement authorizes Orange County to increase Mixed Solid
Waste Tipping Fee upon this 3 o days notice to its Patiners so long as the increase does not
exceed ten percent 10%); and
WHEREAS, Section 4 of the Agreement res.erves unto Orange County the absolute right
adjust any and all rates and fees for the purpose o , a gong other things, paying "costs o
remediati g any adverse environmental conditions at any time existing -with respect to the
System"; and
WHEREAS, Section 6 of the Agreement authorizes orange County and its Partners to finance
Porn system finds community benefits for the Rogers Road Area;
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NOW, THEREFORE, BE IT RESOLVED, that the orange County Board of County
Commissioners hereby provides NOTICE to its Partners pursuant to Exhibit B of the Agreement
that it wit , effective July 1, 2011 increase the Mixed Solid Waste Tipping Fee by five dollars
per ton of delivered solid waste to a total of$57 per ton for FY 2011-12.
BE IT FURTHER RESOLVED, that the orange County Board of County Commissioners
hereby exercises its right to i er ase the Mixed Solid Waste Tipping Fee to pay for costs'*o
remediatl g adverse environmental conditions in the Rogers Road area and requests its Pallners
endorse the use of this fee increase revenue, should sufficient (ands remain following the
enviromnental. r mediatio , to remediate limited non-environmental conditions and or provide
community benefits to the Rogers Road Area.
t This the 26 day of May, 2011.
Bernadette Pell sier, Chair
Orange County Board of Commissioners
Attest:
Clerk to the Board of Commissioners
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Agreement for Solid Waste Management
en . e approach to 9 oid waste management
i s sues, and o s de a .
o of
e oes mace o one another i
Hill
i Countyand the 'downs o �ar o o, ' Chapel
Agreement,men , orange
and Hilishorough hereby agree as followsor
I The County will ass
tM of waste management responsibility a
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follows:
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* pRerate the System. The County will operate the System for the
b ene f i t of the ours. � the 'downs and the persons and organi a �.o s . 1
• 'ur diction . The u Y will establish a d enforce �
.l a dregulations o erni the o e a �.ou and
use of
reasonable r
the System, crate the SysteM Ixi are efficient and ecoct .ca . manner
• the ernes constitutingthe{*.System in good repair and
and maintain .. F
in
sound operating condition.
� e dgoafacili . : 'The County willprovide
rorjde ol.id a
� s r Mar�aer� n I-li �. suitable for .the �. os�. io od d
f the oWn and the ;persons and o ani a io s
Waste � r
with
j4rif3dic �or�s, i ill, a l as
any
pt
successor
System Management ac�.1.�. ��.�. des� aed o ace
solid was
generated exclusively by residents, busiliesses and
ca ed in can County 'and that portion o Chapel ill
institutionsto �
located within .a CountY, North Carolina.
will have the ongoingadminister andauthority and
� e o J�t�ion *� operate
ram' �i,+, wry}
e onsi li
System in o dance with the solid Waste Management Plan and PoliCies
and 2 determine and, modify "the Solid Haste Management Pla and
o)-ides from
o e* ' a e affirm o the date of this
Agreement
theirom i o the solid waste rediaction goals set out
in the integrated Solid waste Management Plan. The County agree agreeo to
condult with e Parties and the Advisory Board, frequently and
o d e� e their views o the Solidwaste Management
consistently,
la and- Policies and possible changes thereto.
'fake o • erg to es, All o
f the System Employees will be
ansed t o the county a .d o e County eMP 1 oyee u subj e C t t o the
. c County e same a ion as other County
supervision y _
employees.
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The
Parties acknowledge
that i is an importa yy�jnt bj e of this
AgFeemexxt that the current total compensation package for System
Employees ainai
n d at a suhstantially equivalentlevel through.
e Count although � combination o salary are
theirtransfer o � � a�� -
e , �. for any employee May change. The Parties recognize a t
a io o e Employees after the transfer *11-
ooe es � �e as �o as
e subject o o a e irx salaries and benefits i the
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other County employees, The County and C hap e l Hill will develop a
detailed o ed le compa-ring the total pre-trarisfer and past-transfer
compensation for each System Employee, Chapel Hill will send a copy o
the -completed schedule to Carrboxo,.
em The County will acquire alb. �a. , title
axed interest to all Exigting, Syotem Assets, Title to the Greene Tract,
however, shall not be conveyed o the County pur;suant to thi8
paragraph; part s 18 and shall be the only portion of this Agreement
affecting the state o the title to . he Greene act
.
stem liabilities.k The Counter will assume all
liabilities, including envi co men al .ja +i it:Les, related to the
o me s] i of the system, including, to the extent permitted y law,
all liabilities rela ed to the of- e s ip of Ex_i inqsystem Assets
which have accrued or which may aocr o pr.i 3 ,ro the Transfer Date.
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The Parties, howeverr shall retain t4eir individual liability,
underif any, environmental lawo and otlierwise, related to their
re pective use of the System `both before and after the Transfer Date
as, fQr p exam e, a liability arising !;�:omtheir del i e i , Or
causingo e delivered, Solid Waste o Sy em Management
The PartieO acknowledge that the County#s assumption of liabilities a
des
o i ed in the preceding paragraph shall not limit, and is not
e de o tI the a i l s o are governmental a o i y o
intiTnpose, pr to seek to impose., environmental or ogler liability
di `ecQLy on a Park (as, for example, any . a ility acertiing to the
current owe o e Existing
Assets as a result o thee-
status a owners prior o the Transfer Date) . e ourn r will not
s e and this eem n does not assume, any .r e ec s o
Carrboro or Chapel Hill.
Acgl1ire propertr The County shall acquire, al and personal .
erg a i deemsappropriatefor System purposes. There shall e .
property no restrictions ' acquisitiono additional acreage a
� r s o the� Cou t
the• existing landfill. The County states it8 curre . intention not to
acquire acquireal aid its recommendation that future Coianty Governing Boards
not acquire, any of the properties known as the Blackvood and NUM
properties fox- Sy�tem purposes,
Provide for cMRliance with law. The County will comp . ', Or
cause there to be compliance, with all applicable laws, orders, rules,
regulations and requirements of any governmental authority relating to
the System, The County will also be generallyspo si e for aol id
waste reporting, planning, regulatory compliariceand similar matters-
Nothjr i hIs Agreement, however, shall prevent the Comoty from
contesting in good faith the appli a ilitY or validity of ally such law
or other requirement, so long as the County's failure to complY with
the same duriiig the period of such contest will not materially impair
the System's opera .io o evenue-producing capa y.liter,
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Mako renorThe County will make,. or casse to be ma-de, aiiy
reports or audit auditg relating to the sy em as may be required law. F
The Co=tyj a8 often as may reasonably be eque d, will furnishsuch
other informatiqn as the County may have reasonably available
o . e ning the System or itz operation as the Advisory Board Or a Y
reasonablyparty may request. .e' Co ntyt which the Parties have
desigiiated as a local lead agency, and the Town8 will cooperate in
p�re acing and submitting any reports or solid waste plans that a Party
maLy e required to file with governmental authorities, such ao the
State'State's Divisionof Waste Managementw
dg The county will approve the1999-2000
Systemoperating budget oge ie�r �. l HU116
Effective date* The ouxi y will asaume solid waste management
responsibility tie day following the effective date of the zoiling o
the property describ6d 'in Exhibitwhich '�es solid waste maxiagement
uses not in-'eluding burial of mixed solid; waste or construction and
dew 1itil on waste, a perm3l-tted use under ' e Chapel. �. Development
Code d�, an e, as ovided ixi a o � pia gee , o. 10 �
of
that date s at least days after e6't execution and delivery
thin Agreement by the current ow �e Of System and so long as the
Greene Tract owners have agreed on the boundaries o the property
d waste
described in Exhibit E. The date the Counter assumes sodi
management responsibility is the effective date of this Agreemerit.
Provided, however,'er, the effective date of thisAgreement be
o o long as thisAgreement is executed y and delivered
+ January # rs before �e , t t�e�
o the currentowners o the i o
he zoning age described above and �. a o .�. Agreement �.
adopted by the Tower. of Chapel Hill on or before January 1. 2oOO aid is
effective on or before Janus 11 2000 and the Greene Tract owners
have, on or -be ore January .Ir 2,000, agreed o . the b u d l.e of the
pxoperty described Exhibit B. The
Parties ae actions
ovided for in this Agreement, or which may otherwise be necessary or
appropriate, in a timely fashion tO Permit the County: aosumption o
solid sa e responsibility ors the effective date.
The part'.es will deliver solid Waste and County Recyclablos to
the em*
The County and the Tows agree to deliver, or canoe to be
delivered o sy8tem Management Facilities f0t disposal or processing,
es e ve all l Sol�.d a e and county Re ables under their
respective control, Thin delivery ob iga iox �.nclud s �� o .
ilimitation) all Solid Waste and county Pecyclables collerted by e
nY
pasty,pa:r:ty, s employees, Solid waste c lec io . contractors, solid w e �
collection licensees or solid waste collection franchisees, There Is
no such. obligation to deliver other Recyclables, All Solid Waste and
County Rey ola les delivered o System Ma age exiFacilities, o
coiinty employees, solid waste .
collection contractors, solid waste
collection licensees or solidwaste collection franchisees, o
properly placed ' in designated co . ai er at a oonvenieace center,
will be County property upon such delivery.
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Thp Counter will have the o refuse to accept for disposal
at System Management Vacilities any material o sas a oe which the
Couaty reasonably determines is barred Erom such disposal the Solid
Waste Management Plan and o i �e , by any applicable law o
regulation or by the r striotions of any pexmit, Motwithstanding the
provisionsof the previous paragraph, th6 County &ffiall in no event be
deemed the owner of any such barred substance without its express
consent.
If at any time a material that previously qualified as other
Raeyelables begins to be processed by the County for recycling and
therefore becomes County Recycl lesj then any ar r theretofore
rope ,ding such material as other Recyclables shall... begin to.....process
such x a eri'al as county * Recyclables upon the expiration of a .
contract for disposal of the material as er Reoyqlables that may be
In effect at the time of the material's chqn5e in st
T Solid waste
collection ar,d az o a ,o decisions will remain
each Part+#s prerogativa.
• The a ies in all events retain the )Hght to determine theLc own
systems aid oeed s for the collection of Solid Waste' and related
matters, provided that s oh rstems and ro e ure s shall l e reagonablY
designedo be coiisiatentand compatible with the appropriate Solida
Waste Management Ptah and Policies.
41, The County will operate the Syotem ao an enterprise operation,
and will have discretion o ,set rates, fees and chargiaso
The Parties agree that the long-term puccess of the arrangement
for solid- waste e ana e e z provided for in this Agreement requires �
ha a a .r 3.t axe . The Parties agree that
e . goal of reducing solid waste.e, must e achieved in a manner that
gua3:cls the economic viability cif the' Syatemls current and future
t operations, the' same time, the Partieu acknowledge, that the Comity
is not expected- e its general funds to undenqrite overall solid
waste management activities, Therefore, the County, the Towns and the
persons and o anizatibns within their jurisdictioxis all must bear
approprIata. proportional shares of the costs of providingo current
and future o era iorLs of the solid waste management enterprise, The
Parties agrree that .the county, as part of its responsibility for solid
waste management, must retain broad flexibility to implenentand
adivist rates, fees and other charges,- as provided below, in order to
e e ate slIfficient resources through the system to oa f out the
reVire e s o the solid as Managementlaa and olicie , The
Parties agree that the County is ultimately responsible for balancixig
the available resources and the demands on the system, and thate
County must therefore have sufficient authority to adjust either the
resources or the Sy8tem dema-nd , or both, to achieve the balance. Part
of this Agreement provides for the County's authority over the Solid �
Waste Nanagement play and Policies, This Part provides for the
County a authority over the available reso es. t
w - o
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System will be operated- a s an entOx-PrisO Eund. The County w
segregates for accounting poses all theSystem' a accounts, moneys
and i ve e a s* The county will provide for the System's assets,
Jiiibilitieg and results of operations to be -presented in the Counter'
armual a-adit as a separate• enterprise furze, in accordance with
gexierally accepted accounting *principles. The Counter will armually
adopt a separate budget for the system in accordance with the County' F
usual budgetary process, The comity will keep accurate :cecords an
accounts of all items of costs and of a i expenditures relating. to the
System,, and of the System Revenues collected and the application o
System ep e es. Sucli records and accounts will he open to any a)c '
inspectica at any reasonable time upon reasonable notice.
s tem.will- he - operated- on a-. S elf-suppor ting has is R The County
will establish and ai ai a system- of rakes, fees and changes for
the use of, and- for the services provided by, the System which is
reasonab:ly designed to pay jn full all the..! oa (and only the costs
o cam� � out the our � s po s � � under th
n e is Agreement and
the Solid waste Management Plan and o ,-icies, including,, without
limitation, 1. costs of disposing of S61id Vast6, 2 costs o
co .lee .r oc s a 6 1: o Country ecycla le , o the
extent permitted by law, costs of providing public benefits Bete=fined
o be provided pursuant to Part 6, and costs of solid waste �
reduction a iVi t i es. Subject only to the specific limitations set
o :L'n t1iJI-s Agreementr the county may revise any rates, fees a c
charges at any time and as often as It shall deem appropriat.P
,i to ins nmaterial Financial. s . Notwithstandingany
other provision of this Agreement, the County shall not put into
effect axiy Material Financial Charge unless the County 'first obtains
the consent of all Parties. It wille each Town's obligation to
e e ` i e w e xe any charge. or proposed change to the Solid wa e
Maiiagement Plana are Policies i a aerial Financial Change with
-respect o stick. ownwithintern Business Days of receiving o 4
the qhange or prop change, and to .notify the County within five
additionaA Business Days i x the o determine8 that such change o
proposecl change. is a Material Financial i",hanqe. The provisions cif- thiq
paragraph are independent of the further provisions Of this Part -4
aonoQrning rates, fees and chargesp
MixedSolid waste... i Yee, 1 The county may increase
. Mixed SolidwasteTipping Fee f rom time o time i its d.Isc ior
with at least 30 days' notice of the ixicrease to all other Panties
The County may not, however, inQreas the Mixed solid waste I.ppin
Fee curing or at the beginning o arFiscal Year o a .fee that
exceeds the Mi oli Waste Tipping Fee in effect at the errs of the
p�:eceding Fiscal Year by more than 1 , without the prior consent o
all the other Parties, Further, the Parties intend and agree that the
County shall endeavor to adjust the Mixed Solid Waste Tipping Fee only
armually, with changes becoming effective only at the beginning o
f a
Fiscal Tear.
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+ The County may decrease the Mixed Solid Vagte Tipping `
ee
`01 time
to time in its discretion, without prior nOtice to or action
by any other Party, The County will promptly notify the other Parties
of any deoreaSe in the Mixed SolidTipping Feev
F
o e arm ntal. Feet 1 the Counter e e rt . �t o
may b
advi able to create and imposa any Governmental Fee, then the
County will ive at least 30 days' notice of the proposed Governmental
the oParyes. AGovernmental ee r a ' then b imposed only
Fee
' �. too at�o a ps�. ,� Governmental fee �,
subsequentlyapproved by the counter and at least one -other of the
largest t o popula ion local government Parties. A new
Gove rnment at, Fee wi 11 take effect' at .the endthe no t i a period ,
if ea date of the last Governing B04y approval necessary
fOr
it to take effect.
The County may increase any indiv:�diial Govern .tal Fee from
to to time �
` ito discretion with at l.e.a� t 3b days' notice of the
County not, 'however, acre s
1cease to alb. other �
nY
u�al Go nm(ental. Fee i or! at
any ind 3- be i� c a
end of the
Fiscal
a a fee that geepreceding s the fee in effect the
' cal. Year by mope cin , without the prior consent o
all the other parties. The Parties intend and agree that the CountY
s .al endeavor
to adjust any and all- o rernme a Fees onlyannually,
With changes
becominge e ti e only a the beginning of x. 1.
Year.
• �
e Count decrease art. Governmental. fee o ie to
• � �..ee o or action y a other
time i i �s ere ion, without o t prior o nod
Party.
County . promptly notify the other Parties of any
decrease in any Governmental. Fee* t
k
ie to .gates,
o fees. section app o e a es•
that the
Countycreate or change, other ha the Mixed solid Waste
Tipping Fee and Governrhental Pees. This e ta. applies o any count`
eincrease o e ea are ava. 1. . . fee. .
proposal to create, to proposal. to . pose r change any special
setior� boos of apply are� e generally applicable
district tax related to the S to t; instead, t �
Bern an such proposal.. 'rhea a ie note t .at North
law shall o � � osent to include a�x� as
Carolina w currently requires a� Toles ti but
w o� jurisdicti otn a apeoa .� .
�� � that
at the -CountY controls the gate Of any spec a.l i ict tax in its
discretion.
ermines that -it o may b advisable o
. x the out cue i
. ease eee a � rake, fee o charge covered bar .
ea , give at eat asp notice o e
sect"on, to Conti will
• request that
proposed charm e to the ether Pasties, . t o �.1.
the Advisory Board consider the proposed change. if the AdViSOrY
Board recommendzi that the eae be approved, then the change may ta-ke
effect *if the county subsequentlyapproves it.a If the Advisory- Board
recommends that the change not be approved, theme the chalige may
take
effect onlY ` the County and least one other Party subsequently
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a oV e
�. . change will take effect the end o the notice
' period or, if, later, the date of the last Goers o approval
noc y for o take effect
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{ No w3. hs a di any other provision o is #Agreement, the �
out may a are time, and from i o time ' di 8 ,e on,
Create, increase or decrease any minor fees for the disposal o
ea ease o of Waste such a fees for the dirposal o yard
waste or clean wood waste) and minor charges for the sale of goods
(such as, for example, mulch, scrap tires, or Olean wood waste) . A fee.
or charge gall be considered * "minor" for the poses of this
paragraphif the fee or charge pxoduced less than of the sy e '
totalsue for
the last preceding `i al Year for which audi ec
i is ' a a s e,
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img limitf ee change gpproVa Any approvals given by a
pursuanto the approval requiremen of thisPart 4,. to the
• imposition or increase of any fee will be df. no fuxther effect after
90 d �o the date o the action a7i i approval o a e such
shorter ter o :} period as may • e made .part of the action gra_nting .
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approval) , if the imposition or inc-ease }' approved has mot such
time received all approvals for itseffectiveness.
e s te Revenues 0nI for stem: o lre e a
rn
e for stem os The County will use
stun Revenues ojeiy o carry out Solid WasteManagementa
and Pol'ees i and solely
for the benefit of the System, including 1
coats o disposing Solid Waste, o pay Costs Of
+ o � � a �� o eke t
collecting, processing and disposing i o Reny ,
i
permitted by law, to Pay Costs of providingpublic ben efitsdetermined
o be provided pursuant to Part 6, and o PaY costs Of sOl d waste
reduction a vibe , The County will not use System Revenues to paY
costs of collecting solid Waste in unincorporated areas of the County# +
County i i o n erequired to use assets o = other +
e � fulfill i obligations underthis
.an those the Sys e o
e ob o " ation 'under Part 2-6Agr `
Rese�a ion Of' oun Notwithstanding � provision
of the Solid Waste Management Plan and Policies o this ee t o
contrary, the Count will i all events e -entitled o operate .
e � f tea~ adjustan and �. . , fees
System aid all its ail e , and �
ancl
charges, as it may in its reasonable di9cretion deem reasonably
o sa o comply with any requirements� o any applicable law o
x y
e a i o or a cou �.. .rt order, a ra i e decree o a or r
x�y Judicial or regulatory -au `f
o y, o comply it the
o _ e s o other agreements a any
e uire ens o any contracts, lns =
# securing outstanding Sys+ em Debt, o o Pay COStS Of
remediating a3ay adverse environmental Bondi d o at any tiffte existing
with respect to the SystemIr i
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The Greene Tract will remain a la-udfill asset. Sixty a eras o f the
Greene Tract will be reserved for solid waste management
purposes, and'and' tho three owners will work together tO dGtermine
the ultimate use o xo remainder.
The Partieis 'agree thatthe Greene Tract remains a d ill a5set.
Chapel Hill, Carrboro and the Cottn the "Greene Tract im r "
will transfer to the Count' title to that portion of the Greene Tract
de c ibed on Exhibit , which contains approxii-mately sixty acres. The
county may ube the property described on Exhibitfor SySteM
purposes. The Counter orates its current intention not to biAry mixed
o id waste or eon ruc iion_ and e of 4-t V ease on any portion the
Greene Tract, The cotinty states its recommendation furore CountY
Governing Boards that the Count' make no such burial.
o will i cl de r* ictio prohibiting
The died peg
the use of the property described on xh bi f4 for biirying mixed solid
waste o • conotruction and demolition waste.A-;I* This restriction be COMeEl
effective at the same time that thezoning' change described in the
next paragraph is ef f ective; , and it willrepaiin ef f ective so long as
zoningremains effective which al ow sol�d r waste managemeat uses,
other than burial of mixed solid waste or construation and demolition
waste, as pemitted uses as described in the next paragraph.
Chapel. Hill agrees to commence, 'and states its current intent o
complete, the . process to make s id waste management used no
including burial of 4 mi ed solid waste Or construction and demolition
r
waste, but expressly �.n l ding, x o . . o, solid waste
raxi e facility and a materials recovery a i lit es o e
Exhibit property erg ,permitted" uses Under The Chapel Hill Development �
Code ordinaxle , subject only to % staff level site plan and i mila
e ie rs and not subject to Special use or Sim.-LO-ar pr o sse t Chapel
Hill agrees o provide the other Par tie �. plan, � o� d� a
fanned schedule of reviews and • app `ovals, ' to process the zoning .
change described in this paragraph!o
The Parties agree that o that they have agreed to herein
constitutes an agreement on the part of Chapel Hill to zone the
Exhibit property i • a. pa �. lar Warr. i ,� i cad, � agreement
that if the Exhibit property is zoned a particular war one event
will f ollow and if the Exhibit E property is not zoned in a particulaX
gray another evert will follow.
The- Greene Tract owners agree to bargain together in good faith
and with all due diligence, and to use their respective best efforts,
o determine at, uI '-mate uae or disposition of the remainder of the
Greene Tract as soon as possible " and ixi any event by December 31
2001, or two gears after the effective date, whichever is later.
in bar * 'n period," 0no Greene Tract over a s make any
.Duicuse of the remaining portion of the Greene Tract witholAt the consent C
of the other Greexie Tract ors. i
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The Greene Tract owners agree that ao.ng the issues to be
addressed in Ube bargaining process are the specific future uses,
or ranges of use, to be made of the remainder of the Greene Tract
i (including issues of devotingi e n portions to different uses,
ae�votjng portions ta public uses and the poosibility of making
portioris available for sale or private use) , and whether to impose
specific! use restxictions, either through deed restrictions or throiigh
governmental regulation. The'Grdene Tract ow s agree that during the
"bargaining pe iod" each ohould provide opportiinity for public comment
on poasible or proposed uses or dispositioris t
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During the "bargaining period," no Greene Tract Owner shall
file any legal action or proceeding to force any sale or division o
the Greene 'exact t o (2) enter. into- any...agreement -to .sell, mortgage- or . .
otheivise transfer all or any part of .its ownership interest in the.
Greene -Tract, in either case without the consent of the 'other Greene
Tract Owners. To *the extent permitted by l ;.,L chapel Hill agrees not
to initiate any proceeding to rezone any PoVtion of the Greene Tract
curing the "bargaining . period," without tie consent o the other
Greene Tract Owners. Execiition and deliveryj'ofhi Agreement by the
Greene Tract Owners constitutes consent of the Greene Tract owners for
Chapel Hill to rezone the Exhibit R property` s described in this Part
S. Chapel Hill states its ctirreat intent to accommodate any agreed-
upon �
future uses o �ae o uses o the remainder o the Greene Tract
qk
its Developmentoc e/ . ap es and states its �cecommendation to
future Chapel. Hill Governing BoardSto the same effect
After the 1'L-bargainingperiod" is completed, namely, the day after
he last daythe bargaining period, no Greene TraQti owner shall.
file any legal action or proceedingo force any sale or division o
the Greene Tract, enter into any agreQmerxt to sell, mortgage Or
hex ise ans ear all or any part of its ownership interest in the
Greene Tract, in either case without giving the other. Greene Tract
owners at least 60 days' prior notice of such filixig or ontori7ig 1XIto
a �aqreement. in addition, after the %'bar aining period" is completed,
any Greene Tract owner may give Go days' prior notice of an 'e .ec i-on
o be no longer bound by. the above restrictions pertaining to the uaes
of and whether to . ose use strictions on the + remainder of the
Greene Tract, aid such election shall be effective at the end of the
notice period.
The Parties agree that any non system use of any pbrtion of the
remainder of the Greene Tract or any disposition of any portioxiof the
-remainder of the Greene 'bract shall result in payment to the County o
the Reimbursement Amount for deposit in the Syati= enterprise fund.
61 The County will finanae communitybenefits from. System funds to
the extent legally permissible. i
The Parties will cooperate to provide public benefits to the
community of residents and property owners in the xieighborhood of the
existing landfills
15 `
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IF
e Parties note the expected f or thcoidng report o f the Landf 111
Benefits Committee that has been studying the question o `
community 'benefits. upon the release
provide for its coverning Board to ,i o s .e working o I .
o o a
for community benefits, and shall provide for i5uch legal and other
stagf analysis of the proposed list as it may. deem a late
(especially including legal analysis concerning the use of System fun
o pay the costs o ch benefits) - after each Party ha8 completed its
owl analysis, the parties
*shallwork o e then, diligently amd in good
o peach an agreement as to commujiity benefits to be provided.
e process of determiaingommuni to include
�.r�a
Participation persons belonging o the relevantcommunity.
ee
a .o of toe public o �~ ovide , the sources o
jjanc'ice and e e .a .sms for providing -the' benef , ' ire' shy
e made only by further. agreement of all
The Parties
state them preference a �= e of i s be financed from
i
first e ery permitted y j w. - o the extent permitted y
tun _
law ande e all accepted accounting' o �.x� i les, o e e
eem c e parties and o w the a any other �rovi ion o
ee e e costs o providing � , benefits a described in
this and may be paid
this Part 6 may be treated as an expense
from System Revenues.
ene i s contemplate. y this Section are o e
.�` benefits
dee ��.x�e�
eo side ed as separate and distinct from any compensation
to
e owed. for any "taking" o interest in property a determined
by
State or federal law.
74 The parties will establish an advisory arch*
a es hereby establish e �a e County solid Waite
The
` cad o advise
the ou . y' Governing Board o
Management Adv .
matters related to the System and the Solid Waste MaDagement plan a
nd
polici
es.. The Advisory Board shall meet for the first time not late
than November mar e . . o e mbe s appointed y the
oua .
The Parties will continue to work through the exis-ting Landfill
�� '� on matters o solid wastemanagement l 3-
ma 's � cy and
operations until the Advisory Board begins to meet. The LC>G shall
continue
o operate by consensvis, but the Parties ixitead that the LDG
shall made no
recommendations for major financial commitments until it
d,ssolves or is replaced by the Advisory Boardb
* s all a pai
Each Party nt two members o the Advisory Board. �
f Orth de a o ee� a the .viso 'y Board's
Exhibit e s
ilit'e a .d the procedures that i .�� o �ow� and also sets
esox� and � o ore
forth the Parties� a r�ee e a o the a oI e
nt 5
of . dvoy Board members.
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at: any e the University of North Carolixia agrees to coraplY
with the provisionS of Park 2 with respect o i facilities and
operations
� Orange o� � e ale e
the
university,
thr�ugh ,� es �} �.�. entitled o poi. �
onevoting. member, having one pro . � � ���. �.
. � a.so oar�. �. member shall serve for emendingon the third Uune
following eweappointment, �
and any s ooee ver Y
member shall serve for a three-year term (with there being no limits
the eappi
i
employees of Partiesfrom serving oxx the Advisory Board do
not -apply o the ve s r o Universitymembers. The r �.e agreeo
e e t or avaendment to this agreement to include
ent er Into a SUPP
�� tioeessa�he o . ' � p �pr'_ a ,� msito e
provisions e o y _ Y�_ �} �+y. ._ ...##.��.c _b1 r +�•�yaes
i e `sity s party. p
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Exhibitcontains ertal fln' ,' that apply
Agreement, ,Rxhlbl't B con aixi -certain addItional p-rovislonaof t
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[The remainder of this page has been left blank intentionally.]
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+ IN WITNESS WHEREOF, each of the Parties has caused this ,agreement
o b e executed i n its cw:porat e name by its duly withori zed o f f ICe rs.
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ATT
• (SEA OPANGE COMUYr. NORTH CAROLINA
imp
Y $
** Chair, Board- of
o
-Clerk, Brard of
Commissionerst; `� ,
191 -
ATTEST: . . z TOM CAR o o r � LI�
to
4 '.:
C ��e� /`*_ _
Town Merk May
' * o DEL r Io " �
i4 r s
r 3 i
eel
Mayor
erg
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ATTEST
ATTEST}
OF ILBU , NORTH SIN
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Exhibits r
A. Definitions
. Additional pro"Visions
Regarding the ' oar
D. Legal de;scription of Greene "bract
. ' Legal description of Greene Tract portion to be devoted to •
solid waste
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STATE NORTH M I ) RAIq�'sCOUNTY
t "personally
�. such County and State, certify that
a oe so all came before me this day and acknowledged that they are the
chairC1 rk, respectively, o the hoard o Co is ione a of orange County, North
h
F CarobTall,,
and that by authority duly given and a the a o orange o fy, North
carob.i s r the foregoing s e t a signed in the County's name by such Chair,
sealed with itA corporate seal and attested by such Clerks
wT-TNEss my hand and official stamp or seal, this day of �
[SEAL)
Notary Public
a
y commission expos: 4
STATE 01? 14ORTH CAROLINA; ORANGE COUNTY
a Notary PUbliC of such County and State, certify that %
&V1 Wka1111
41� , mrag- A. personally came before M this day and.acknowledged that they are the
Mayorand let , respectively, of the Torn o a `rb ro, orth Cap oli a, and that
� �a
by apt � ,� c and as the act of suchown, the foregoingtrumt
was A,s name by such mayor, sealed with'its corporate seal and
a t S Y suc w l erk.
Wj:M01 A RY
s5 any d d official stamp or seal, this � day o ..Aor,
PU B o�j
otary Plic
y commission expires: 0
STATE NORTH CZn0L1KA1 ORAIRGE COtQZT7
aa� Public o such County and state,
certifythat � - e r�
ersc a ly came before me this day and acknowledged that -hey are the
r and Town Cl er , r specti ely, of the Town of Chapel. Hill, North Caroliaa, and
the t by VON u`ly given and as the a t.o cb*gown,, the foregoing instrument
was $ h Is name, y such Mayon sealed with its crprate seal. and
�la �Jtfjcial stamp or seal, this day of r
-�,cwol�4 allow
(SEWsk
0 AUBL 4 -0 €
�� � **• ,� s '� + �� votay 'Public t
a � ! lay
MyJ�Fhiill CrJ'LSr i
4 Aend
I Votary Public o such-County to e, ce t y that the are the
AAw-kml,is` '� er• onal y came befog e e this day and a ck owled e that_V rt Carolina, and
Mayor and c Clerk, `eec �.vl , the down o Hillsborough, o ►
that authority duly given and as the act o such Towne, ,the foregoing instrument �
was si d i the Towne s name by. such Mayor`, sealed with its corporate seal and
g f
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attested by such Town Clerk.
� � aid official. stamp o seal this day W .
[ M
e- t--,t
' ITCr6ary Publia
my commission expirest
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Exhibit A in i o .
Foy all purposes .of this Agreement, the following terms have the
• following meanings, =less the context lea ly i dioa ss otherwise.
"Advisory Board" means the County Solid Waste e Management
Advisory Doatd created pursuant to Part 7.
uAg.reame " means this Agreement for solid Waste Management, as
it may be duly amended and supplemented from time to time*
NBuoineaaayn means any day other than a day on which national
banks are required or authorized o close.
" . r boro'l means the 'down of Carrboro,. North Ca lina* t
uchapel H121,1f tea the Town o h L �, Hiii, Ijorth Carolina.
,,County" means Orange County, korth, •# rolina
t#
C � ,� meaxxsCounty chief administrative officer.
x
mcounty ales" meaiis cilla er .a . processed by the Comity
for recycling and not disposed of at System Management Facilitiesr as
the sane may r e established axed amended from time to time under the
solid Waste Management Plan and Policieg. •
+
IIR,VISUVgSystem AssetsO means all System assets as of the
'trans f er Date, including, wi ho imitation, the existinglandfill,
+
all other land and buiidings, all equipment, including rolling stoc
+
all licenses, permitg and ogler governmental authorizations, all
contracts, all customer records, all bank and other business records,
aid all caph and investments, including the* oa i al reserve account
currently maintained by Chapel Hill 'ors behalf of the Landf4# ovmers�
t
Group.
nFigaal Year" means the County's fiscal year beginning auly 1, Or
such other fiscal, year as the coianty may lawfully establish.
+
1,GI Board" means, for any Party, its governing board of
elected officials, as such governing board mar be constituted from
time to time.
"Covernmental peenwill mean any foe related to activitie8 of the
and solely on the Parties themselves,
� that � imposed dire �
other than. the Mixed solid Waste Tipping Fee. A possible example of
such. a f e e could be a f ee imposed .the County on all the PartJes
related to the County' s providingof processing for Couaty Recyclables
through the Syatem.
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jrGr,ree,ae Traci" means tho parcel of lid comprising app o ima el
} - 169 acres lying south of HubankpRoad described ixx Plat Boob , Page
3-43 and Plat Book 15
Fame , orange Counter Registry, as more
specifically described in Exhibit
is ou u means the Town o Hi sbo `our ., North a of a�.
urn eg a ed Solid waote Manaqement Play means the report
submitted Pi4rsua_nt to law to state authorities that describedthe
long-team plan for solid waste management, which the County,
designated lead agency, filed on behalf of the County and the Towns.
the - Parties have approved this Plan and adopted its framework by
resolutions adopted a by Carrboro on June 2 ,, 1997, b by Chapel.
' Hillsboroughon u 17, 19971# and � �
Hill on ,
the_ _ County tine 30, 199 - -.
IfMaterla2 VInancialChange" means a change, or series o la e
changes made by the County to the Solid Waste Management Plan and
he
Policies That, in the determination + ,and o� p ov�d d �.
by the
Advisory Board Music verify such. e e inp, io .. i e es c
county) , would have the af f ect off . incroasing by more than the
direct monetary cost to such Town of aid' its solid waste manageraent
' activities (such' as so ld waste collection) whex o a ri a the
expected cost of ' such ac -vibes for the first full. . Fiscal. Year
following te effective date of the change or changes in question to
the total cost for the Fiscal Year Most recently completed prior
• o the effective date,
r1m d , o, ,id ffaate Tjpping ,deer' means the fee of that name
assessed for disposing mixed solid waste at the existing landfill, any
successor o that fee, or any other fee assessed for the use of S ste
Management Fa liti s related to the disposition of Solid Waste (such
as a fee imposed for, the use of a transfer station or materials
recovery facility) ,
lb
"6ther Recyclableall Tfteaasmaterials which would otherwise
constitute Solid. Waste, biat which are to be delivered to some other
entity and processedor recycling. For any material to constitute i
Other Recyclables, however, the entity to which the material is to be
deliveredmust representthat- suchmaterialsare intended o be
y;? o es e for use in new products, Material will notconstitute Other
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RQoyclables, for examplel if the entity to which it is to be delivered
intends to re-deliver - the material to some other disposal facility
such as a landfill or incinerator) ' whether or 3aot such material is G
intended to be subjecto further processing before digposal. E
rr ar es" means, collectively, the County and the Yowns, and
I' a tyH means any one of them i d.ivi ua .l ,
1
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'%�' imbu em Amount"' means, ) in the 0a0e Of is ositio o a
North a o i a to al government that is also a Party, so long as that
government devotes -1 transferred portion to public purposes, a
2 , being the original purchase price of the Greene TractI
multiplied a fraction, the numerator of which is the Hiner
of
acres •o the Greene Tract g is disposed and the. denominator denominator o
w1t�o�.rt
Which is 169, plus c uncompoun4ed in -on the product of (a) and
the annual 'rate % from Ma-rch 30, 1984, to the effective
fate of a disposition, and 2 the case any other disposition,
�
the greater of either a the Reimbursement amount to a North Ca o ina
lod'al governmentthat is a bo a Party, or the met proceeda o
f 4
sale after the costs of the sal .are paid.
y I
i " - Was � ea all-- mal s. accepted - r.
� o
di
osa at be
S ,stem managementFacilities, a a e a
e�s t a oec an amended from time t �t under the SolidWaste
Ma a e t and policies (subject t , the provisions o Part 2
which u .ori e the- counter to refuse to' a ce t o i osal an
mate
rial or substance which the comity reasonably determines is barred
any applicable law regulation r or e
r such disposal
rest:cictiong of any permit) , Other than cow.ty Rec cal s 4
_aSolid wa anagement plan and Policies n means, the combination
the Integrated Solid Waste Management Plan, and all futilre
modifications of that Plan, whIch iB the xep=t submittedpursuant to
law to 'State authorities de cra.biug the long-term plan for qolid waste
management, ic Co
unty,, as designated lead agency, files On
behalf of the County and the Towns, a the Solid Waste management
policies, which aye, collectively, all policies related to the System �
and coordinated solid waste management for the County, the towns and
the persons and organizations x theirJurisdictions,- a the same '
exist from time to time including all such policies in effect a$ o
the
date ree nt)% The term "Solid Waste e Management Plan and
�. othis � es, a � effect o icc " thereby e co pa ses all policy c o c
i e o time, related to the management and o erat.� theSystem.
"State" means the Mate of North Caro ina k
usyatemft means l assets, including •both real and persona,
roes used
from time to time 'in the conduct - of the funct'ions o
collecting' an processing county eccles, rucing solid gate,
disposingo Solid 1 a s and. mulching, compost and re-using
Solid
Waste, a . includes both a theExisting system Aspens and N all
moneys and investments related to such functions *
" tern Debt ff means all obligations for payments o principal and
�� incurred assumed �
interest with respect o borrowedmoney
in c sec ion with the o n i or operation o the system,
Countyo the 'a action, and e
without rar e dorm ial
lY
including leases or similar inanc i g agreements which are required to
e ca al zed in accordance with e e `a ly accepted aocoUnt ng �
* stem is s tared at all times after it i
Sri c
su r contracted until it is paid.
4 + +
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, errs mmes ll means employees of Chapel Hilldirectly
epgaged in i outSys e business (but expressly, not including
* employees o Chapel ll s ore ar n F
ugy,gtem Management: racil-I.Iftlest, means those assets of the System
used to PrOVide a) fixial disposal of solid waste, i including
construction And of .io .wa.s e f, such as landfills, o any other
ha-ndling o o e 'ng of materials placed in the custody ' of the
+System, such as transfer at materials recovery facilitied o
facilities for cleaning, sorting or other processing of recyclable
Yna,terial.
..System - `e es" mean s al - amounts= derived the .. County from
the imposition of rates, fees and charges for the use of and for the
rt
$ervices farnished by, the system.
. � means, oche .`��'e y, 3 o 'o, el Hill
r
Hillsborough.
i•
"Transfer Date" means the effective Aate,
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Exhibit B -Additional ProvigLioaa
Amendmen . This Agreement may be modified or amended only by
writtexi amendments that are approved and signeid on behalfof all the
ices
*
All liotices or other commqnications required or permitted
by
}may writing.
* i,N en likes i+ be in
Jkny notice or other communication will be deemed give U On
e date
delivered hand o i o the date i i received r' mail,
a
Aden ed y the _show-on a . e - States -r al regi s t e ed. mail _
ecei i any case a c sed a fo rs
if to the -county, as if to a : oro, a
follows : fQllows. '
F L {0
Town of !E�arrboro
- orange County
Attn: Courity Attn: ToWn
Manager Ma!maa e `
200 south Cameron 301 West Mai.
Hillsborough, NC Carrhoro, N
i
If
o Chapel Hill, as If to Hillsborough,
follows: follows:
`own of Chapel Town o
Hill Hillsborough
.fit to: 'down Manager
Attn ToWabane �. No ,tLco�x .
306 -North Hillsborough, NC
columbia St.
Chapel Hill, NC 27278
27516
(0) Any party may. designate: d a d e e d&'es� for communications
by notice 1. e under this Section to each other Party$
(d) Whenever in this Agreement the giving o Ot is is requiredt the
givingsuch notice may e waived in iTriting by the Party entitl6d to
ee an i any such case the iv or ecei Of`ooe�.�tr`e o � � �r � .d.� o a ac ,�ol
notice will not e condition precedent to �
taken
in reliance 'upon such waiver. When this Agreement requires that
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notice e given to more than one Party, the effective gate of the note-ce
will be the last date on which notice is deemed given to any required
• Party.
Third-Party Beneficiaries.. Nothing expres eC or implied I.n this
Agreement
will give any e on other than the parties any rights to
provision o this e t. There are o E
enforce a, e ded third-party
�
ene iciar'l.es of thin ee e t.
i
Survival 0 fOyenan s* All covenants, representa
# .in this ree e all survive the
warranties made by the Partie
delivery of this Agreement
o isio this Agreement shall held
,� ai�_� any a
invalid or unenforceable y any court of, compete t d.o x
holdingshah. nO invalidate o �.render unenforceable ea ale any otherprovision
of Chis Agreement.
Rntire Contract* This ee nt 1` including the FxhibitSr
constitutes the entire agreement betwee the Parties with re$Pect tO its
+
subject matter. `
ou�.x
err �s eeex may be signed i several counterparts,
jr�cu�.d'x� separate ar Each w ll e o 'gi al, boat all o them
�
together constiti4e the came instrument.
Re a o
a e "or . As b this Agreement lim't.sthe Parties' rights to
dispose of their respeQtive ownership interests in the Greene Tract, any
Party may cause this
Agreement toe filed in the real property records in
the office of the Register of Deeds of orange County.
s F 4
Withdrawal.
Any Party withdraw from this Agreement (and thereby
ceases to
be a party to this Agreement) upon notice given to all the other
Parties' and subject to the following additional provisions
withdrawal e effective only upon the beginning of
ea
yf own may withdraw only with at least o e year's .notice.. The
County may withdrawonly with at least two ye& s` notice.
,
withdrawal will relieve a Party o its Obi i at o under Par t
2 so JoIxg asire is stem Debt out a .dixi ; rova de , however, that
System Debt first issued r contracted after the date a party gives notice
of withdrawal ill be disregarded for the purposes of this paragraph.
a relieve a Park o its individual
+
o �o withdrawal ��� � y its
liability, if any, under environmental laws or otherwise, relatedo
respective use
or o�.mershipof the System which may accrue or which has
ao u�ec prior to the effectivedate o such ryf withdrawal..
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.oa PartVIF, A_ny ref el,ences to approvals or other actions
any Party will be deemed to be.references to actiong taken by the Party{
Governing Board or taken pursuant to express, specific direction given
the partyrs Governing Boardrt +
Aareed-KROn procedureq. The term, conditions and procedures for
`txansf erring employeeE; and as s e +t o the County as provi ded f or'by Var
and for ray the property, described ch ExhibitE to the county a
provid for- by Part . , in all bases shall be as agreed upon by the
county, - boo and -Chapel Hill*eat `
' Term; -This Agreement shall take effect ag provided
-in Part I. ' TU8 ,Agreement ill..._continue.,in effect so. long .there -are a
least two Parties to the Agreement.-
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Exhibit C - Reqardincr. the AdvisoKy Board
Responsibili ties, The Advisory Board's responsibilitiesshah
ncl d Ode ollo g@.
f a) To recommend o :ca s, policies, expansion8 and reductions o
` services, and other matters rela o the operation of the System;
o s-aggest amendmaiats to the Solid. Waste Management Planand
o ides i
o o p4ovide advice to the County Manager for use in the County
Manager's developing the proposed annual budged for the Systern, to
e e b dge o as -proposed b County-oun r- an ger-.
the County's Governing Board, axid to provide _ commendations to the
County'County's Govei Board 'for the approval o amendment of the proposed
budget/- �•.
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interpret for the County public input
d o receive and � .
concerning the System axid the Solid WAste Management Plan and
Policies;
e o further such mission and goals for the System as the
County may adopt from time to -time;
o provide promptly tO the County'a Governijigo
dy a
recommendation con rx g anY PrOP08al for a change to rates,. Peer, and
bag orwarded o the Advisor BoaAgreement; -
• and
g Such other matters as any Governing Board or the County
Manager may request.
hers# xn . a Each Governing Board willappoint two
t embe to theAdvisory Board as soon as practi6able after the cute o
e execution o and de li v of this Agreement. Each Party w2".1 oti
fY
all the other Panties of its appointments within ten Business Days
after making such appointmentsIp
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b Advisory Board members will serve staggered three-year te=sll
To provide for the staggered' terns of the memberi5i the initial
appollatments by the Parti.e8 will be for the f6 owi g termap
meb er A •` Mmb
County 2 years 3 years
Carrboo 2 years gears
Chapel Hill I year 3 gears
a iiisborough I year 2 yearn
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(c) The f irs t year of the term of each initial member of the
Advisory Edard shall he deemed to expire on June o� 2000. Thereafter,
' each year of the term of an Advisory Board member will run from UuIY1
through the subsevent June 30, # but each member shall * contintle tO
- serve until such member's successor has be exi dtily Appointed and
qualifieci for office.
i
Each Party' may select and appoiat Advisory Board mergers i '
ita discretion, except that no employee of a Party -may be appointed a
an Advisory Beard member. This Agreement in no way requires that ax
Member are elected official o -the appointing ax'fi� � dec o
official of a party appointed o the Advisory Board will be deemed to
be serving on the Advisory Board as a a of the i divid a .'s duties
of office, and will not b conbidered to be oerving in a separate
office.' Any elected official of a ,party appointed -to the Advilsory
oa d . w ease to be a member of the Advisory Board upon such
. .' esa .oz- o woe as a effected official o such Party
ndividua(whether o not such member' successor ;7. .• e be oix ed and
ClaalIf ied for office) but such party m6Ly �eappoint such i di ideal to
the d iso Board, Each member o he , dvi o Board o� d r�
elected officials) serves at' the pleasuxe of the appointing 'arty, and
may be removed at any time by the a I party, i o th t
re=ii Board that appointed the person who vacated the
d r so o d se . fill any vacancyon the d 3_so Board, n
the case of a vacancy created during the -t em of a member, the
appointment ntmen o fill the vacancy will be made for the remainixig portiO
of the term in ode o prey ewe the staggered-term pattern.
• procedures., The Advisory Board may adopt its OWn rules of*
procedure not inconsistent with' the provisions of thi:s 2 cgree a
nd
of inconsistent with the. policies and procedures governing the
various boards and ommi s'ons of the Governing Board of the County as
those policies and procedures - exist now and as they may be amended
from time to time by rQsolution of the Governing Board of the CountY.
The d i ox Board's proposed rules and oced �r ia�� me t ed
' o the Governing *Board of the eu'rL y for review and shall not he
effect until approved by the Goei Board o the Counter, but the i
-Advisory oa d' s procedures shall. include the following o �ons
a Each member of the Advisory Board il7i.11 -have one VOte, except
that in the event of the absenQe of a raernber, the other member
appointed oin by- the same Party the absent member i he exit s o
oast o votes,, Any Universitymember appointed pursuant to Part
shall �
have one one -voter anc • that Grote shall not be cast in the .
' member# s absence.. '
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. number* of affirmative votes equal to a majority the
authori zed'number of Advi s ory Boar members Vi11 .sae nec e 8 s ary t o to
ke
any ao ion t
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The Advisory oa ,' esiding of f icer will vote as a member
of the Advisory 8oard, but will have no . a,: io al o - ea
kinq
' o o
Representatives of a Party that has given notice of its
withdrawal from thin Agreement will have no vote o x any a ear that
will affect the System oyon .e effective cute of such Party'
withdrawal, and as to any such manors such raemb8rs will not be deemed
to be within the authorized number o 'Advisory viso Board meters for the
.pii�oses ..of subsection b above, r 4
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'-R,x-hibit F4 Legal Descry.ptionofportion o
Greene..-Iract to be conveyed o
o er located iii Chapel Hill Township, orange County, North
Carolina and more particularly describedas follows:
Beginning at an existing iron, CONTROL CORNER, which is the +
northwest corner of the property herein described and which iron
is he northeast corder of property now or formerly owned by the
Town of Chapel Hill and others e e ec in Deed Book 1437, Page
316 of the Orange oun y Registry which iron is located8 3 i
e .18 2". W 5, 302 .3 .' f rom U.S.G,S# M N Hi d' (NAD,2 7 ,
thence from the beginning point the following *cotirs es and
distances: 8 89 deg. 131489 Z 247 .001 o an existing rQn
thence K 89 deg. o ' " E 1, 023 ,741 to an ,iron set on the
western limits of the Southern Railroad right-of-way, the
.o ea i corner of the property. herein described) thence with
the western limits of said right-of-way S 23 deg, 081 2"
264 , 801 o an iron set; thence S 32 deg. 03' 2 7" E 11452o481
an iron set; thence 8 0 8 T 1' 0111 87,791 to a computed
'point; thence S 02 deg. 1 ' 2" E 99 , 041 to a computed point;
thence S 04deg. 291 32 rr W . o ' to a computed point; thence
.1 deg, 261 2 " W 98 , 141 o a computed i thence S 17 deg.
i8l " W 99 . 691 to a computed o . ; thence S 20 deg. 321 23" W
99 .461 to an iron set, a o .eas5 corner of the property herein
described; thence leaving oaid right-of-way N. 84 deg. 7' S9ff W
510 . 281 o an iron set, which iron is located in an abandoned
roadway; thence N 08 deg. 39' 1" E 586, 391 to an iron set* .
thence N 88 deg, 8" W 11423 , 931 o an et, also in ari
abandoned roadway; thence along and with the abandoned roadway N
28 deg, ' 18`f W 147. 08f to are iron set; thence N 60 deg. 8'
.80 W 187 .091 o an iron set, thence N 30 deg. 231 080 W
191. 82'
o an 'row set; thence N 26 deg. 12 f " W 70 ,391 to an iron
set, thence leaving the abandoned roadway N 88 deg, 251 2"
144 . 241 o an existing iron; thence N 00 deg, 361 8" W 903 ,18'
o the point and place of beginning and containing approximately
0 . 00 AC. GROSS by D.M.D. , all as shown oi the plat recorded a
Plat Book Page of the orange County Registry which
plat was prepared by Dale D, Faulkner, P,L.St L-2176 and tithed
"FINAL PLAT EXEMPT SUBDIVISION PROPERTY of TOWN of CHAPEL HILL
ET AL, ;" together with the right of ingres8, egress and regress
to and the right to construct or-have constructed the necessary
track, siding and oth6r faoilitie easonably necessary to
access the Southerri Railroad rail -system that lies within the
o beRailroad right-of-way where that right-of-way adjoins
} and abuts the property described here.
32
en
Exh ib i t D =14
FAll of the property described in the creed from Harold
Greene and wife, Jean, and W.-F Sledge and wife,
Kai i e to the Town of Chapel Hill, the Town o
aoo and the County of orange, which deed is
recorded Book 459, Page 340 of the Orange Co= Y
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. The a ie s rote the expected forthcoming xepor t Of the LandfiII
community e o committee that has been studying the question o
' `b: e o l o the report, each Party $hail
communityprovide for it8 Governing Board to discuss the working gr u 's proposal
o�c community benefits, and -shall provide for isuch legal and other
staff analysis of the. proposed list as it may. deem appropriate
+ i (especially ludi g legal analysis coxicerning the use of system f=ds
o a ' the costs of suchbenefits) i e ' each Party has completed its
own analysis, the Parties shad.l work Eogether, diligently and in good
. faith o reach atx agreement as to community he o • be provided.
The process of determining community benefits shall continue to 'Include
participation by persons belonging to tha relevant COMUnitY. Final
determinations of the pbbenefits .-to -pro a cled,_ ..the sources o
a c�. and the echar sus providingthebenefits,'' however, shall
F e made only by further agreement of all the Parties,
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The Parties .a e hepreference that -#be '• s be f itianced from
stem funds to the extent permitted+ y law. -To the extent petted by
law and by generally accepted accounting, pie , to the extent
de,termined by the Parties.ies ,and notwithstanding any other provisiorl Of
.i s Agreementthe costs of providing pub];I' bex� . s a d qc ,ihec in
i Fart may he treated a a eXpense o the System and may be paid
from System Revenues
.The public benefits contemplated by this section are to b
e.
considered as sep*arata and distinct from any compensation de exva .ed to
F „ n i property a determined y
be oared for and along o a it e '
Stato or federal law..
* The parties will establiah an advisory o . d.
The Parties hereby establish the orange Counter. Solid Waste
Management Advisory Board tO advise the County's Governing Board on
matters related to the system and the sold Waste Manage to Ian and i
policies. The Advisory hoard shall meet for the
first time not later
an November I L on the call the em s appointed bar the
County*
h a e e , " o workthrough the e i s-t jig Lands l
Owners' Group "LOG" o matters o so d a e management o ioY and
a ions until the Advisory Board egg. �o meet. The LOG shall
operations ,
. a. e o o crate by cou �se s, but the Parties intend that the
LOG
o0rshall make no recommendations for ma3or fiziancial commitments until
it
dissolve5 or is replaced by the Advisory Board# i
Each a shall
of i two tebe o the Advisory Board,
Exhibit C sets forth details concerning the. Advisory hoard's
responsibilities and the procedures that it shall follow, and also sets
forththe Parties' agreement as to the appointment and terM8 of office
of Advisory Board members.
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if at any
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e the UaiversitY Of North c olina a greeg to comply
with the provisions of Pa-rt2 with respact to its facilities and
operationO
i ors o'Lm y, then the Parties agree that the
University, o its Preaident4 sal be entitled to appoint o
the
o ' . member, a owe votes - Any initial
Adv:Lsory Board oneUniversity member shall serve fog term ending
i ember's appointment, and any succeeding .- e i t
30
following
MeTabe:c shall serve for a three-Year term (with there being no .,gym.ts on
eo
of University members) . The limitations in Exhibit
explud�` employees o Parties from ervi o theAdvisory oa o
o the Un,ve si o University members. The Parties agree o
enter Ento SuPPleme-a o amendment this e e
..
f or the
_
ode o
provisions ....- �eaao .a3 y-- eea�, ..o �
i Is a a joia on the Advisory BOard in such,oircumi3tanceo �
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.qardinq thod iso oa `d
Respo s bili ties The Advisor Board's responsibilities shall
include the following;
recommend programs, policies, expansions and-reductions o
services, and oth r matters 'related to the operation of the System;
suggest amendments to the solid. Waste Management Plan and
Policies,
provide advice to the County Manager foDc use in the County
Ma e I developing' the proposed annual budget for the System, o
_... � _ 3 d for -...i kstem
= ems.-- proposed the..-Counter-..-Manager -. o
as oim l s Go i i ca d, and- to provide irecommcindations to the
Count 's Governing Board;for the approval, 'amens en o -the proposed
budget#
receive and p � i e o= y public ixipUt'
d o the stem and Z Solid Ws Management Plan and
concerning �
poi.ioies i
o further such mission a d goals for the Systera as the
count` may adopt f romjame to t ,
.re f 4 t
o provide promptly tO the County 1,5 Goveralxig Body
da ion conceming any proposal for a change to rates, fees and
xa Ladd to the dvi sa rY 13oard pursuaiit to this Agreement;
an
Such other ratters as any Governing o rd or the County
Manager may reque8t,. .
4
Terms.. a Each Governing Board will appoint W
members to ththe executioe Advisory Board as •soon a practicable after date o
x de o i Agreement. Each a y will notify
al ode pis o s appotiwithin ena.Business as
after making such appal.n m n s,
Advisory Board m m ill a staggered three-year aM .
o
provide for thestaggered terms memb
, the initial
appo en, s by the Parties will be for the following teem
* Meimb-Eir Yqmber
County 2 *years - years
Cao 2 years 3 Mears i
Chapels Hill I YO ar 3 gears
.li ..soo year 2 years
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(c) The first year of tie- term of each initial member of the �
Advisory 13oard shall be deemed to expire- on Uune_ 30.1.. 2000, Thereafter
each year of the term of an Advisory Board member will run from July- 1
through the Subsequent dune 30, • but. each membe hall continue to
. sere =til such ' member' successor haz been duly Appointed ec and
I
qualified for offices
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Each Party' r ay se en and aLppoj):it Advisoxy Board tnembers in
its discretion, except that no employee of a Party-may be appointed as-
an Advisory Boa:rd Boa member. This Agreement in xio gray requires that any
Tnember be an elected official o -the appointing Party. Any elected
o lc aj o - a Party appointed to the Advisory Board will be deemed to
be se ving on the Adv isoy Board as a part 'o f the individual I s duties
of office, and will not be considered to be serving a separate
-- - - : _ Any.-.- 'e I d. -o f f io*a-.- cif-- a—#Party.-..appoin - to- the-- d �spry
a to will cease to be a member be ` of the Advisory Board upoxf such
indivi6ualls e a '.o . of service. as' an e e ed official of such Party
(whether no such member's successor i-11 be been appointed. and
qualified for office) , but s 4pappo
Party may �x� �n .v� a�. o
the Advisory -Boarcl. Each member of the. .;Advisory Boa including
elected officials) serves at the pleasure the appointing Party, are
• may be o e- at any time by the appoinei Party; with or without
N
e The Governing i Board that appointed tbe person who vacated the
`i s ory Board and seat will fill any vacancy o • the Advisory 13pardo -I
the case of a vacancy e ea e -duriag the term o -a member, the
appointment o' fill the vacandy will be made for the remaining portion
of the term ixi order to preserve the staggered--term pe .
Procedures. The - Advisory Board• may adopt its own rules o
procedure not inconsistent with the provisions of this Agreement and
not inco7isistent with the. policies and procedures governing the
various boards and commissions of the Governing arc of the County as
those policies and p ooe .0 e . exist now and as they may be amend
from time o time by resolution Of the Governing Board of the County.
The Advisory Board's pop se rules an procedures shall presented
t
o the Governing Board of the County for review and shall not be
e ffective =t 1i approved by the Governing Board Of the county, bvit the
'Advisory Beard' pro e es s .all include the ollo ,i ovisioz�s
fa) Each member of the Advisory Board will have oxie vote, e c ep
} that in the event of the absence of a be , the other member
appointed - the same Party as the absent member will b entitled to
cast two votes. Any University member appointed pursuant o Part
all have l oneroe, and.• that vote shallnot be �.n ' e
memberP,habseoe.
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inumber of affirmative votes equal to a majority of the
authorized numbe of AdviSMY Board members I-11 be nece8sary take
any actionO
( The Advisory Board-Is presiding officer Will vote as a member
of the AdvaLsory Board, but will have no additional or tie-breakixxg
Grote
Represanta6ives of a Party that ha8 given notice of i t s
withdrawal ro this Agreement will have no Grote on any matters that
will affect the System beyond the effective date of ouch PaxtYls
wi awal, and as to any ouch matters such mb will not be deemed
owithin the authorized nuder o 'Advisory Board members for the
poses of sub eo l.o above.
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Agreement o Amend the Agreement
for solid Waste Management
iOrange County and the Towns -of Carrb=o, Chcipej Hill .and
Hillsboroughhereby agree to amend the "Ag:t:eement for Soli
Was e Management "
i
11 By deleting the paragraph identified a "Accraire
p o u r" in Part. 1 and replacing* it with the o lowi. g':
c gu i prop e r ty-. The County shall ' acquire real and
pe o al Property. as i - deems-... --appropriate f or- --System _
p Urposeo. There- shall be -no restrictions o the county"
acquISItion of additional acreage at the existing
landfill . The Parties acknowledge and support the coun y 1,
position that as operator of solid waste operations, it
may, despite �lig efforts o explore .a 'exna . gyres,
settle upon the area on and proximatethe existing
closed landfill site on Eubanks Road as the loca'tion for
additional solid waste facilities-, The counter states its
current intention not' o acquire, and its recommendation
that future Counter Governing Boards not acquire, any o
the properties kno m as the Blackwood and Nunn properties
for system purposes.
y
2 . By deleting the paragraph ap identified a "Effective
date." in Fart I and replacing it with the following
Effective date. The County will assume solid waste
► a a eme nt respansgiDll.i y on t he' f i i7s t+ day of t he 9 econ€
Grange County e p y. ee pay period that follows the last
completed of the filtlowing two events: the ap 2� val by ,
the governing oa . of and the execution of the Agreement
o Amend the Aqreest for Solid Waste Management by the
i current me of "*tM. System; Agreement e on the
boundaries of the j?roperty described in Exhibit E by the
Greene T:cact Ownero, The cute the County asoumes oolid
war7>te management responsibility io the effective date. of
this Agreement. The Partles shall take actions provided
for in this Agreement, or whichmay otherwise necessary
or appropriate, in a timely fashion to permit the county'
assumption of solid waste responsibility on the effective
. date.
y deleting Part S and replacing it with e
following*
'
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5 .01
The Oreene Tractl remain a landfill asset. Sixty
acres of the it e' Tract will be reserve. for System
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purposes,r and the three owners will work together i o
. i determine the ultimate use of the remainder.
r
The ies agree that the Greene Tract remains a
landf ill a
chapel Hill, Carrboro and the County the "Greene
Tract- owners' will transfer to the County - title to that
portion of the Greene Tract e c ' e on ExhibitE, which
contains approximately x acres, The County may use the
property described on Exhibit E for System ,purposes. The
. 'County states its current intention not to bury mixed
solid waste .-o --co c ion- -and m 1� .. waste -. on any
portion of the Greene Tract. The County ' states its
recommendatiori, to future County Qoverning Boards that the
Counter make no such burial. . The deed to this property will
include a restriction prohibiting the use of the property
described on Exhibit 8 for burying' mixed solidwaste o
construction and demolition e.
The Greene Tract owners agree to bargain together in
good faith and with all due diligence, and to use their
respective best efforts, to determine an ultimate use o
disposition of the- remainder of the Greene Tract as soon
as possible and n any event by December 31, 2001, or two
gears after the effective date, whichever is later. During
4
i ""bargaining period,?,' o Greene Tract owner shall make
any use o . the remaifiing portion of the Greene 'bract
without the consent of the other Greene Tract Owners.
} The (3eeo46c ee that among the . e
to e addressed the bargaining Prodeasare (1) th8
* specific ftiture usbs, or ranges of use, to be made of the
remainder of the,,-� Greene Tract (including issues o
devotingi e en I portions o different usos, devoting
portilLonEi to public - uses and the possibility of making
portions availa 1. for -sale * or priVate F use) , and 2
whether to impose specific use restrictions, either
through deed restrictioas or through govermental
i
* regulation. The Greene Tract owners agree that during the
+ ",bargaini nge io " each should provide opportunity for
vb is comment o , possible or propoueduses Or
idispositions
During the "bargaining period, " o Greene Tract Owner
shall file any .egal action or proceeding to force any
ale or divisionof the Greene Tract, o 2 enter into
any agreement sell, mortgage or otherwise transfer all
on any part of i t s- ownership e e in the Greene Tract,
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in either ease without the - consent of the other Greene
} Tract Owners, To the extent ermi e law, Chapel. Hill
agrees not to initiate any 'Proceeding to rezpne any
portion of the Greene Tract during the "bargaining
e io ,u without the consent of the other Greene Tract
.Owners. Chapel. Hill statea is current intent to i
accommodate any qee -upon future uses or range of uses
of the remainder 'of the . Greene Tract in -its bevelopment
Code/ordinances and states its recommendationo future
Chapel. Hill Governing Boards to the same 'effect ,
After the "bargaining e io " is completed, namely;
-. the - day -after._...-.the_ last. day ..of the ` aini-n . period, no
Greene `a owner shall file any legal ' adtion o
proceedingto , farce any sale or division of the Greene
Tract., or 2 enter ,into any agreement to sell, mortgage
or otherwise transfer all or any part of its ownership
inte:cest in the Greene Tract, in either i case without
giving the other Greene Tact owners at least 60 days' ,
Prioro ice of s Ealing or entering into an agreement.
In addi - .o , after the "bargaifting period" is completed,
any Greene Tract . owner may give 60 days prior notice o
an election to be no longer bound by the above
restrictions pertaining. to the uses of and whether to
impose use restrictions on the remainder o - the Greene
Tract, and such e ee ion shall be effectiv6at the end o
.e notice periodf
The Parties agree that any non System uge of any
jportion of the remN.inder of the Greene Tract or any
disposition of any ,bortion of the remainder of the Greene
- Tract shall resultk,14 payment. .to the Counter- of the
Reimbursement Amount, for deposit �n the System enterprise
fund
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. By replacing+the date in the first paragraph of Part
a
i w o . .ow . "one month after the effective date o
this Agreement ," F
Fi
t By amending subsection M of the "Members; e s"
} provision of ExhibitC to. the' Agreement to read as follows
ti
(c)
,
The f irst year of the term of each is member
of the Advisory Board shall be deemed to expire on June
30, o 1 . Thereafter, each year of the �erm o are AdVisory
Board embe will -run from July I through the subsequent
June 30, but each ,merrber shall coatiniae to serve until
such member' s successor has been duly appointed and
F - qualified for office. '
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IN WITNESS - WHEREOPI Orange County has caused this
' Agreement to Amendh for Solid Waste Management to
be executed in its corporate name by its duly authorized
Date Approved by
; r 512 Governing Board
AT
Z- AN COSY,.ST.
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--- 16rk B64A_'6f Comnu l s Y o d o f Ccimmi S 0/ra
7
TATII OV NORTH CSC XV ; ORANGE COWTY
I, a Notary olio of such County and State r that Mosts and
� r 61mh6arrsonally came before me this day and acknowledged that thl6i��are the
Chair d 3 ,-respectively, o .the o rd of Commissioners of Orange County, North
C oli a, and that by authority duly j and as the act of Orange County,, North
Carolina, the foreuoing instrument was signed in the County's name by such chair,
sealed with its corporate seal and attested -by such Cl
WXTNESS my band and official stamp or seal, this day o
' 2000.
(SEAL)
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My commission expires; _0
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N WITNESS WHEREOF, the Town of C 'hoo ha8 caused this
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Agreement to Amend the Agreement for Solid Waste Management to
e executed 'in its� x r r�� 'a e name by its duly 'authorized
officers. O, CAS N i
Date Approved
1 1
* GovBoard
- ATTEST: OWN OF CARRBOIZO, 14ORTH CARDED +
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Town Clerk Mayor
STATZ Or NORTa CAROLINAIRAIq COUWZY
it a Notary Public oE such County pnd State, certify that, Z5��l and
� s . •�* , ,,... personally care before me this day and acknowledged that: they are the
Mayor and Town Clerk, x s well, a axe Town of Carrboro, North Carolina, and that.
by authority duly given and as the act of such Iowa, the foregoing instrument
` was d in the Town t s Hama by #tech Mayor, sealed with its corporate seal and
h Town - .er .
hand and official stamp or seal, this 5 day of APPL
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IN WITNESS WHEREf the Town of Chapel Hill has caused
this Agreement. to Amend the Agreement for Solid Waste
Management to be executed in its ootporate name by itE3 duly
authorized officers
... # Date Approved by
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+ 39 14
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OF CHAPEL HILL, NORTH N . .
.
emayor
9Not ry Public cif . and tag , certify thataw mu�, en/-e
personally caste before one this day and of o led ed that e `a ce the
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or aid own Ier , respectively, of the gown Qf Chapel Hill, North Carolini, are
+ that 13y authority duly given;and as the act of such j the foregoing instrument
was sign d in the Town I s name by such Mayor, sealed with its cox-porat a seal and
attested by sup 0
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A �t
ILM i.4 0ia stamp or seal, this clay of ,
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my commission e� � t
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N WITNESS W14EREOF, the Town of Hillsborough has caused
this Agreement to Amend the Agreement for Solid Wa8te Management
to be executed in its corporate name by its duly aid
officers .
HI
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t � Date Approved by
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MA Governing 13oard
Town
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5��W_09_ .UQH r NORTH CAROUNA
Wn Clerk
A/ 0 A R
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STAT4 OF NORTH C I A# ORMGX CO #.
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a Notary Public ofauch County and State, certify that drac aAkOL/and
1"0AA111 r personally cage before one this day and anknowledged that they are the
mayor and 'down Clerk, respectively, the 'down Qf Hillsborough, North Carolina, and
tfiat by authority duly given and as- the act of such Town* the foregoing instrument was
signed irx the Town's name by such ia� or, sealed with ,its corporate seal and attested .
by such Town Clorki i
"S SS my hand and official sag or a . Z -__ dayAAXI"l
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my commission a cues t �
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