HomeMy WebLinkAboutAgenda - 06-18-2013-13 (8)DRAFT
May 15, 2013
Meeting of the Historic Rogers Road Neighborhood Task Force
Legal Options and Towns Optional Participation in a County Water &
Sewer District
Background Information:
The Task Force has discussed the creation of a County Water and Sewer District
permitted by Chapter 162A Article 6 of the NC General Statutes. Such a District can
include territory lying within the corporate limits of a town if the town agrees by
resolution to be included in the district. At this time a county Water and Sewer District
has been discussed but not recommended by the Task Force.
County Utility Service District
Orange County:
Orange County Board of Commissioners can create and fully fund a County Water and
Sewer District. A District can include territory lying within the corporate limits of a town if
the town agrees by resolution to be included in the district. There is no legal obligation
for the Towns to participate in the funding of a County Water and Sewer District.
Town of Carrboro:
On September 18, 2012 the Town of Carrboro approved a motion:
"That states that the Town of Carrboro has the intention of contributing not more than
$900,000 for the Town's portion of the Community Center and cost of the Sewer
Project"
The Town attorney has confirmed that the Town of Carrboro can make a capital
contribution to a County Water & Sewer District that includes territory lying within the
corporate limits of Carrboro.
Town of Chapel Hill:
The Task Force has discussed the creation of a County Water and Sewer District that
does not includes territory lying within the corporate limits of Chapel Hill,
K
DRAFT
The Chapel Hill Town Attorney has confirmed that there are only two possible legal
options for the Town to consider a capital contribution to a County Water & Sewer
District:
1. If the Town of Chapel Hill were to annex unincorporated territory within the
County Water & Sewer District.
2. If the Town of Chapel Hill established an Extraterritorial Jurisdiction (ETJ)
including territory within the unincorporated areas of Orange County (Rogers
Road Neighborhood). The action of establishing and ETJ could be initiated by the
Town and requires approval by the County.
NCGS 153A -376
The County and the Towns have limited statutory authority to pay for or subsidize
connection costs. NCGS 153A -376 authorizes counties to engage in health and welfare
programs for the benefit of low and moderate income persons. Pursuant to this authority
a program could be established whereby grants or loans are issued to persons who
meet designated criteria to assist those persons with the cost of connecting to water or
sewer within the County Water & Sewer District. The qualifying criteria could apply only
to residents within the County Water & Sewer District. A program of this nature would
not work to connect every home in the County Water & Sewer District but would be
limited to the residents meeting the criteria.
Summary
Orange County Board of Commissioners can create and fully fund a County Water and
Sewer District. A District can include territory lying within the corporate limits of a town if
the town agrees by resolution to be included in the district. There is no legal obligation
for the Towns to participate in the funding of a County Water and Sewer District. The
Town of Carrboro has explicitly stated its intentions of contributing not more than
$900,000 for the Town's portion of the Community Center and cost of the Sewer
Project. The Town Chapel Hill has only two possible legal options for the Town to
consider a capital contribution to a County Water & Sewer District and the Town has not
yet considered either option