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HomeMy WebLinkAboutRES-1995-062 Resolution Concluding Orange County's Role and Interest in the Development, Ownership and Operation of the Piney Mountain Subdivision Waste Treatment System 8 RESOLUTION CONCLUDING ORANGE COUNTY'S ROLE AND INTEREST IN THE DEVELOPMENT, OWNERSHIP AND OPERATION OF THE PINEY MOUNTAIN SUBDIVISION WASTE TREATMENT SYSTEM WHEREAS, Orange County determined that the on-site wastewater treatment system serving the Piney Mountain subdivision had failed and that the sole practical remedy was: a) to repair the individual STEP systems and the collection system serving the subdivision; and b)to decommission the existing subsurface disposal system and replace it by constructing a sewerage pumping station and force main which would convey the subdivision's sewage to the sewage collection system owned and operated by the City of Durham; and WHEREAS, the Board of County Commissioners assented to the Piney Mountain Homeowner's Association petition that the County accept ownership and responsibility for the construction of the waste water treatment system as necessary to adhere to the conditions specified by the State of North Carolina for the award of High Unit Cost Grant funds for constructing portions of a new and modified waste treatment system for the Piney Mountain subdivision; and WHEREAS, Orange County, Orange Water and Sewer Authority and the Piney Mountain Homeowners Association entered into three contractual agreements specifying the conditions related to the initial and final ownership, financing, construction, operation and use of the collection system, pump station and force main; and WHEREAS, the Piney Mountain contractual agreements specified that the Piney Mountain Homeowners Association would: a) seek to obtain title to the land contained within the existing and future nitrification field portion of the subsurface wastewater treatment system which was to be decommissioned; b)upon successful acquisition of said title, abandon the tanks, pump wells, monitoring wells, etc., in accordance with local and state health and environmental regulations; and c) execute formal instruments, approved by the County, dedicating said acreage to Recreation/Open Space for the use and enjoyment of the residents of the Piney Mountain subdivision; and WHEREAS, Orange County did in fact submit an application for a High Unit Cost Grant from the State Clean Water Revolving Loan and Grant Program and was awarded grant funding in the amount of$88,500; and WHEREAS, Orange County created a Piney Mountain wastewater treatment project account specifically for the purpose of paying all expenses associated with the construction of the wastewater treatment project and containing a total of$437,350 funded by the grant and an additional $348,850 provided by the Piney Mountain Homeowners Association; and WHEREAS, the Piney Mountain contractual agreements specify that Orange County will return to the Piney Mountain Homeowners Association all funds remaining in the project account after the payment of all costs associated with the Piney Mountain construction project have been paid; and WHEREAS, to date approximately $363,000 has been expended from the project account, leaving a remaining sum of approximately $74,400, plus accrued interest of approximately$11,500 for a total sum of approximately$85,900; and WHEREAS, in accordance with the Piney Mountain agreements, Orange County, Orange Water and Sewer Authority, and the Piney Mountain Homeowners association have worked together as necessary to accomplish all elements of the Piney Mountain project including the construction of wastewater pumping station and force main, the repair of the individual STEP and collection systems, and the proper decommissioning of all abandoned elements of the failed wastewater treatment system ; and WHEREAS, the pumping station and force main have been operational since July 1995; and WHEREAS, Orange Water and Sewer Authority has certified that the construction and repairs to the new pump station, force main and the existing collection and STEP systems are complete and meet Orange Water and Sewer Authority standards and that Orange Water and Sewer is fully prepared to assume its responsibilities related to system ownership and operation as specified in the Piney Mountain agreements; and WHEREAS, the Piney Mountain Homeowners Association has obtained title to the acreage contained within the existing and future nitrification field portion of the subsurface wastewater treatment system which was decommissioned and has seen to the closure of all tanks, pump wells, monitoring wells, etc., in accordance with local and state health and environmental regulations. V4 10 NOW, THEREFORE,BE IT RESOLVED: 1. That the Board of County Commissioners of Orange County does hereby direct, in accordance with the Piney Mountain contractual agreements, that: a) all of the County's ownership, right, title and interest in the equipment, real property, easements, rights-of-way, etc., of the Piney Mountain wastewater treatment system be conveyed to Orange Water and Sewer Authority; b)the County Attorney prepare all legal instruments necessary to accomplish said conveyance of ownership, etc., and c) the Chair of the Board of County Commissioners execute said legal instruments on behalf of Orange County and the Clerk to the Board to attest these instruments as necessary; and 2. That Orange County does hereby join with the Piney Mountain Homeowners Association in the declaration and release of restrictions pertaining to the Piney Mountain Homeowners Association-owned land and does hereby authorize the Chair of the Board of County Commissioners to execute and the Clerk to the Board to attest the Declaration, a copy of which is attached as Exhibit"I" to this Resolution; and 3. The Board of County Commissions of Orange County does hereby accept the accounting of the costs and funds expended from and remaining in the Piney Mountain project account and directs staff to immediately close out the project account by returning all funds, plus accrued interest, remaining in the project account to the Piney Mountain Homeowners Association. Adopted this 19th day of December, 1995. Moses Carey, Chair ATTEST: Beverly Bfythe, Clerk to the Board