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Agenda - 08-01-1977
�I AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS COMMISSIONERS ROOM, COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA MONDAY, AUGUST 1 , 1977 10:00 A. M. Persons of on this agenda having business to transact with the Board of Count Commissioners should make their presence known in order that an appro riate time for them to be heard might be arranged. L---,2. Minutes f the Board Meeting held July 19th are submitted for Board consider tion. ,,33. Represen atives of the Town of Mebane to discuss contract between the Town of bane and Orange County. Appoint nts: �4�. One �equiremeht of LEAA is that one member of the Orange County Boar of Commissioners be appointed to the Board of JANUS House as administrator of the Emergency Care Facility. `-' Triangle Housing Development Board of Directors request representation from the Orange County Board of Commissioners to that Board. C. One member of the Orange County Board of Commissioners should be desi nated as the voting delegate at the 70th Annual Conference of t e North Carolina Association of County Commissioners. Ms. Cathleen Fuller, President of the Orange County Advisory Council for Cheeks, fland, Cedar Grove and Miller Road Communities to discuss Community Development funds for a playground and recreation area. "16. Ms. Glor a Williams, JOCCA Housing Director to discuss Housing Grant JOCCA will rec . for renovation of rural housing in Orange and Chatham Counties. L-7-, Architec ural evaluation of bids for renovation of the Northside School The Coun y Manager will make a recommendation to the Board. 8. Chairman Whitted request discussion of primary roads in Orange County prior to August 23rd public hearing in Burlington. /9. The County Attorney will present an ordinance, "Providing for the Conserva ion of Dater During a Mater Shortage and Restricting the Use of Mater During More Severe Shortages", for second reading and approval , and a Proclamation. - Page 2 Commission rs Agenda Monday, Au u s t 1 , 1977 10. Conside ation of contract between the Orange County Health Department and Radiologist for reading of x-rays in lieu of services by r. Fuller of the istrict Health Department. (Agenda Attachment I) 11. Kesolut on honoring Dr. Charles Martin for his service as Executive Director of the Orange Council on Aging. 12. Plats For Consideration: (Agenda Attachment II) A. Sedgefield: Final Plat This is the remaining fifty-nine lots of the large project approved at the last Commissioners' meeting. D. Hunters Ridge, Phase TT: Preliminary Plat r This proposal consists of about fifty-four one acre lots to be served by a public road. The property lies east, of the existing subdivision. C. Northwood, Phase V: Preliminary Plat This proposal consists of about sixty-seven one acre lots to be served by a public road. The property lies south of the existing subdivision. D. Gree briar Estates: Final Plat This plat consists of six lots served by a "Class C" private road. el 7 RESOL TION FOR CONSIDERATION BY ORANGE COUNTY BOARD OF COMMISSIONERS ON WEDNESDAY, NOVEMBER 2, 1977, at 4 ;15 P.M. AT EX CUTIVE SESSION TO CONFER WITH COUNSEL AS TO MATTER OF CLAIM OF ORANGE COUNTY FOR WATER AND SEWER LINE COSTS WHEREAS claims have been made by Orange County against the Town of Mebane in connection with a certain written instrurme entitled "Agreement" dated September 29, 1956, between, the Count Of Orange and Town of Mebane providing for issuance of bonds by the County in an amount not exceeding Four Hundred Thousand Loll ($400,000. 00) and the use of the proceeds to provide water and sanitary sewer facilities to an industrial park near the town in western Orange: County; and WHEREAS counsel employed by the Town has conferred with the Orange County attorney in connection with the said agreement and the differences of opinion as to the interpretation thereof, and ea h of the said attorneys has advised the County and the Town, respectively that the dispute over the meaning of the pur- ported agreement cannot be resolved without a court order enter6l after commencement of an action in the Superior Court fora leclaratory judgment, with the meaning of said contract to be letermined as a matter of .law by the court in the absence of any factual issues; and WHEREAS the attorney for Orange County has prepared a petiti n for filing in the Superior Court of Orange County for the purpose of determining the meaning f g said contract and prayincg the relief thereunder which the County of Orange deems itself entitled, copy of which is attached hereto; and counsel emn]_CZV _E� h[T f 1sA m.t:_m E s WHEREAS this Board has considered the petition to be filed and the response thereto; and WHEREAS counsel for the County of Orange and the Town of Mebane have prepared a judgment which in their opinion will 1 rendered by the court as representing the law applicable to thi., dispute and a proper disposition thereof, the same nevertheless being subject to such ruling as the court may make, a draft of the p ospective judgment being attached hereto; NOW BE IT RESOLVED that the Orange County Board of Commi sioners in special meeting assembled on November 2, 1977, does uthorize and direct its Chairman to verify the Petition attached hereto, and it does authorize its counsel to file same In the Superior Court of Orange County and to move for judgment on the pleadings at such time as said counsel deem appro triate; and BE IT FURTHER RESOLVED that, should the said judgment, draft of which is attached hereto, be entered by the court, this Board upon advice of its counsel does not intend to appeal there rom. This the 2nd. day of November, 1977. The above resolution is certified to be a true copy of a res lution adopted by the grange County Board of commissioners on November 2, 1977, at special meeting. CLE TO"THEO E COt7NTy -BDA OF NERS NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE ORANGE COE)N�Y SUPERIOR COURT DIVISION County of Orange ) �etit.ioner } v ) JUDGMENT ) Town of Meb ne ) Respondent ) T is cause comes on to be heard by the undersigned Judge of th Superior Court upon motion by both the petitioner and the res ondent for judgment on the pleadings. This is an action brought pursuant to Section 1-253 et seq. of the General. Statutes of North Carolina for the interpretation of a contract between the parties, the same being attached to the petition and marked Exhibit "A, " and for an adjudication of the rights of the parties pursuant thereto. The court finds that there is a genuine dispute between the parties as to the matters set forth in the petition and that this is a proper case for a declaratory judgment and for consideration ofthe relief prayed for in the petition. The court further finds that there are no material facts in dispute between the petitioner and the respondent and that all matters in contention between the parties as set forth in the petition and the response are contentions as to matters of law and not offact, this being a proper case for final judgment by the court upon a consideration of the pleadings d the arguments of counsel for theFarties based thereon. and finds an determines that the County of Orange has incurred a bon, indebtedness in excess of $400,000 in the construction of a water and sewer fa il.ity in reliance upon the agreement attached to the petition as Exhibit A. Th court further finds and determines that the Town has benefited ma erially from the construction of said facility, and is thereby indebted to the County in the amount of $4 00,000 plus interes at four per cent per annum based upon the County' s average bond interest gate, from and after June I, 1967. The court further finds and determines from the stipulation of the parties through their counsel that the Town of Mebane does not have sufficient funds to satisfy the said indebtedness and that a tend issue would be necessary to raise funds sufficient to satisfy said indebtedness in full, with a vote of the people being required in Order for the said bond issue to be consummated and the funds made available. The court further finds and concludes from the pleadings and from the matters stipulated as to the bond interest rate that the To n has made payment to the County on account of the matters set forth in the complaint in the amount of $59,019 .47, and that there remains due on accrued interest as of the date of this judgment the sum of $101,022.49 , with the principal. indebtedness of $400,000 remaining unpaid. Iq 1S7HEREFORE ORDERED, ADJUDGED AND DECREED that the petitioner, County of Orange have and recover of the respondent Town of Meb ine, the sum of Four Hundred Thousand Dollars ($40 O,000.0C One Hundred One Thousand and Twenty-two and 49/100 Dollars ($1 )1,022. 49) within 15 days of the date of this judgment,as payment/ on unpaid accrued interest in full, with the princip 1 indebtedness of Four Hundred Thousand Dollars $400,000 an� interest at the rate of four per cent (4%) per annum accru .ng from and after the 7th day of November 1977, to be paid in i.xty (50) equal quarterly installments to be applied fi.r t to unpaid accrued interest and the balance to reduction of principal., with each of said equal quarterly installment) to be in the sun of Eight Thousand Eight Hundred Ninety-sever' and 78/100 Dollars ($8,897.78) the first of which quart rly installments -shall be paid on the 7th day of February, 1 78, with subsequent installments to be paid on May 7, 1978, Aucust 7, 1978, and November 7, 1978, and with quarterly i sta.11ments to continue to be made on the 7th day of each succeeding February, May, August and November thereafter to and incl ding the 7th day of November, 1993, at which time the entire Erincipal indebtedness and all accrued interest shall be du and payable in full, if not sooner paid. I IS FURTHER ORDERED, ADJUDGED AND DECREED that the Town of Mebane shall be entitled to the possession of the water and sewer improvements described and referred to in the petition an shall be entitled to the rents and tap tees and any other income therefrom so long as the Town of Mebane is in compliance "' th the terms of this judgment, and that upon final, paymen of all sums due hereunder title to the said e County of 0 ange shall at such time executed an appropriate instrument cf conveyance suitable for recording in the public registry of orange County for the purpose of further evidencing ad implementing this order as to the title to the said water End sewer, lines and as to any property rights therein, wh ther real or personal, including all rights of �way and easements. 11 IS FURTHER oRDEREDr ADJUDGED AND DECREED that this judgment shall be a final adjudication of all rights of the parties arising under the . pfeadi.ngs and any and all legal issues pertaining thereto, including but not limited to those iss es and rights arising under and by virtue of the agreement attached to the petition as Exhibit "A. " Th4 court finds that there was a genuine controversy and dispute Letween the parties as to the matters set forth in the pleading and that each party acted in good faith in causing the same to be determined by litigation. Accordingly, it is ordere , adjudged and decreed that the costs of this action beldi ided equally and be paid in equal portions by the petit over m d the respondent. Th s the 7th day of November, 1977. Henry A. MCKa.—nn 0; n, Jr. Judge Presiding s 'f? �r •I v " Ot t:coo Q GUM 'Y ;8ile Hd. tj Pei *U". er ) 'r va. ) T]tQ�l P4u= DSO t I mm,cam Petitioner; twowb.alrnaeel~��' shmet unto the Coupt the toll+owing= % 1. Pe t*t r+ hareaader x6fd QCeta as *aty, is a boy Xi a ,aij .: ggqVvatm duly ormiaod.Pu -to the laws of this State Of N9xU Camltiaa► and bwiav its p : fied, ) offices, in dill• . �� ��s`th C�x+oliaa. ftsjPou4qutj he rieu ►der :vaforted to ",?t q*Jvpm, is a manialgal ooxpp" an., duly orVwLmpd .4pd es: tdov they Maws Of the dtata 64� Carolina f -aind. bwisq is Alm s. 3* .. a .,w*ion is brought port pvxo * ,; sects oa et seq.; .uf tho worth C*xq*m kallm.t for a t ti i tian of tb* pee�tive;Ari4hts a 4. q0 "th® With respect to a oert xk;oo atraot� �-paxt Lq"arly set l� �wMa.rf��,. I • - .Chi,,Dr'abOut BeDtemberg-29. 199a .'tba,y ae S. Said water and *War sy*tm was to .'.ConstruptAd withi= the CaeAty near the Tpwnr and We to serve a inds�tstrial t park `,:which was e*peatod to ben fit bath:,varties. 6 In C*nsidera4pn of the :financLng, ODDSVWtion of said v and surer UqUity by the co=ty: the Tqft agreed to WW 4.ex and Ban+i.t 9 r t I saie�rfi� stem and fir. r y. F. ;$ Ba .e3 system. The Teawrr >:;f#ttheV AdiMW "to WW annually to tIND CrrwDy), dell of the is recce - row w*9 : ,pad sewer ' ufe.Vjq how' ', topped and area MO d by .%W", Uftes both .;#ratter and-, ftwar to be ata uct®d from the $4000, Q bond e , ap , iAteres $ til:fi aeceftea duiaQi , e jjfqtMjq of the de3 has bee paid full.R Upon ! ymen A ft1a. 14r WhIA46 is seahe ed for J - $A� 1 1986 r thOCOuAtY agree tV a=Veey, e, aYdk9= tea the Toanr vhieah ld t4o have fy control aPA use thea�+pof. The :AWMement above r006rxed to LO.•;aaeueed.# eta► as tA and. to made a pant hemp$ by rpftatae+. 9. r The IMOA, election re*" to in 6" agx � ri" duly lsal d by the CM%Aty and was paei 44f, the b ;, dune , X967f, bearing Md the con- 1 1 'T l Aiglas ► ioa . o .Of ON& Acuity as a�o�r�a - fo'iwtpg paomw a ha vs' '! Town to '1 the Cot pty said agzmepaft r 19$!x?*'? 4 lA ; . I. i �.9TA�99 (Ti ' ;ieds ce fiscal y' 1 n . - 1 �'�1 � �1tlx 19 t9 't h B the c other t :r t/ ,. abovat set xth, .4201 is .betw"u a�a .d- as the caoast and at +i off: ;,;a i ,d X.,. r. K +Basuto• l4v ;} , it is tbe; +c9iteati6nr4, aid �ent ro,p tbo pmt'-p t� co, .br`' ' ,: Ml 4f �I►t9� 8n$ too s Y t , the +at : ,w4kta:r and r, ility �I xe�t s+=. . �� F� �� k the - r i IT' ,die Co'�' t exlori mod` 1a �I► ..; ; Of its O1 g =dot. Bal4 aAme". ie :$ tom: of all 0 the • . t1Re1 gwa�k�.ity, #at«f tioc '�. Pa Wit! Xawa r ' r re f , Aitaxpw '' f in& 27878 ry i . n 01.1 Ptp', a1 "d1 ! the vel S ]ioarttt �► „ the petL tied tit:he La khwwm&dw t' +� �, ►� a�a i that tom' �±�tfi, a. .p ie utue Q AJ '*. . r bed 4d3 tor. t8tt.�11"8 �.ZU t :'bye true. b%k: . a jj4tes-':04lic of ;< tMD emtitled .COe ty enfl ,rr day 0:&; r ,f NORTH CAROLI A IN THE GENERAL COURT OF JUSTICE ORANGE COUNT SUPERIOR COURT DIVISION County of Orange, ) Petitioner ) } RESPONSE TO PETITION FOR DECLARAT } JUDGMENT Town of Mebane, } Respondent ) Comes now respondent, through counsel, responding to the petition for declaratory judgment filed herein, and shows unto the court the following: FIRST DEFENSE 1. Tie allegations of paragraph l of the petition are admitted. 2. The allegations of paragraph 2 of the petition are admitted. 3. he allegations of paragraph 3 of the petition are admitted. 4. s to the allegations of paragraph 4 , the purported agreement ettached to the petition as Exhibit A is the best evidence o its contents, and the allegations of paragraph 4 are therefore q enied. 5. 6 . As to the allegations of paragraph 6, the purported agreement attached to the petition as Exhibit A is thebast evidence of its contents, and the allegations of paragraph 6 are therefore denied. 7. As to the allegations of paragraph 7 , the purported agreement attached to the petition as Exhibit A is the best evidence of its contents, and the allegations of paragraph 7 are therefo e denied. 8. Tile allegations of paragraph 8 of the petition are admitted. 9 . T e allegations of paragraph 9 of the petition are admitted. 10. The allegations of paragraph to of the petition are admitted. 11. The allegations of paragraph 11 of the petition are admitted. 12. s to the allegations of paragraph 12 of the petition, it is not denied that the contention set forth therein is that of the 13 . A to the allegations of paragraph 13 of the petition, it is not deni d that the County has performed its obligations under said agreem nt; the 'legal conclusions of said paragraph, including the remaining allegations of said paragraph, are denied. SECOND DEFENSE I the petitioner has a claim against the Town as alleged, which is denied, said claim accrued on or prior to Jbne 30, 1975 , and more than two years next preceding the institution of this action have elapsed, and the statute of limitations for such claims has run. 2. he Town of Mebane charter provides; "All, claims and demands against the Town of Mebane arising in tort or in contract shall be presented to the Town Council in writing, signed by he claimant, his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, a d no suit. or action shall be brought thereon within thirty day after the expiration of 12 months from the time said claim or demand is so presented. Unless the claim or demand is o presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months thereafter, any action thereon is barred. " Petitioner not having com lied with said provisions, petitioner' s claims are THIRD DEFENSE Petitioner flails to state a claim for which relief can be granted. FOURTH DEFENSE 1. The Agreement referred to in- the petition is ultra vires, and without authority in law, in that said purported agreement seeks to use the credit of Orange County for the construction of capital impr vements without a bond referendum as required by law, and under North Carolina law the Town may only pledge its water and sewer rents for payment of principal and interest on bonds, whereas sai agreement purports to assign such rents. 2. s ction 6, Article VII, of the North Carolina Constitution requires a vote of the people before a debt is contracted by municipality. The purported agreement seeks to accomplish by indirection what cannot be accomplished directly in the face of this constitutional restriction, and said agreement is therefore void as contrary to law. FIFTH DEFENSE E en if the agreement referred to in the petition is not void as contrary to law, nor ultra vires , said agreement cannot reasonably be construed to require payment by the Town to the County of a l of the revenues from the furnishing of water and for vaguenes , or because contrary to law, may be reasonably construed to provide that all of the receipts of the Town for its water and sewer treatment services must be paid to the County to th extent of $400,000 plus accrued interest; or in the alternative, said agreement may be read to provide that the- Town shall pay such of its annual receipts for water and sewer treatment services to the County as may be required by the County to retire t e $400,000 bond issue. The construction placed upon said agreem nt by the petitioner is unreasonable and inequitable. SIXTH DEFENSE The -County has realized and is realizing income from ad valorem taxes on the industrial park served by the water and sewer system referred to in the petition. The benefit of said industrial ark to the Town, if any is the indirect advantage of employment of some of the Town's citizens and the right to provide water and sanitary sewer service for compensation. If the Town ca be ordered to pay any additional sums to the County on a gaantum mer'uit basis , it is respectfully contended that the benefits of the water and sewer system referred to in the petition have accrued to both the County and the Town, and that the co 3t of said facilities should be borne by both parties, ani not solely by the Town. EREFORE, respondent prays that this action be dismissed a d that the costs be taxed against thepetitioner, and for such other relief as may be just and right. T' is the day of _ , 19 77. Louis C. Allen, Jr. Attorney for Respondent NORTH CAROLINA COUNTY OF AMANCE G endel Stephenson, being duly sworn says that the affiant is Mayor of the Town of Mebane, a municipal corporation of the State of North Carolina, the respondent in the above entitled action and that he is authorized to make this verification; that the foregoing response is true of affiant's own knowledge except as to matters and things therein stated on information and belief, and as to these matters affiant believes it to be true. Glendel. Stephenson Subscribed and sworn to before me, a Notary Public of the above entitled County and State, this day of l917r Notary Public My Commissi n Expires: 6. ORANGE ©PERSON o CHATHAM MENTAL HEALTH CENTER W, F.. BAXTER,JR. Area Director Chapel hill Clinic"and Business Office 310 West Prunkhn Street Chapel HM,North C rnli=27514 July 29,1977 Mr. Richard Whit { Wmn n Orange County d of C.clrani.ssioners Hillsborough, N. C. 27278 Dear Mr. W-hitted. 'Ihe Orange-person Chatham Area Mental, Health Board at its regular scheduled rreeting July 261977, approved and reccmiended fear approval to the Orange County C7mmiissioners tho suggestions made by Mr. Jams M. Tgehb, Architect, in his analysis of the bids for the orange-Person-Chatham 14ental Health Norths1de Project a copy of which is attached. Low Base Bid and Low Mechanical Bid - Pl1s contingency and architect fees for old classroom building . . . . . . . . . . . . . . . . . $393,983.59 Cleans ti,on of a new roof (Alternate II) . . . . . . . 14,563.50 $4480547.119 leaving a balance of . . . . . . . . . . . 3,217.91 out f $411,765.00 appropriated for project. Since there '11 be insufficient appropriated funds to remvate the old Cafeteria Building, the Area Board tends an investigation be made into the possibilitie of using C:.E.T.A. staff in this effort.. It is very irrlportant that we make e effort possible in getting the cafeteria building renovated, for without same, we will be unable to establish our Dv Hospital program which the United state DeparbTent of Health, Education and Welfare has cited as a pram requimm nt. I will app late an opportunity to work with Mr. Gattis on this. S:ixxely, W. F. Baxter, Jr. WB/Jpa Providing Mental Health Services For Children, Adults,The Aged, The Developmental Disabled In Orange,Person And Chatham Counties, r ,1 �k M 6 S M . W 9 B B , A . [ . A . - A . 1 . P . A C H ! T E C T & P L A N N E R MEMBER AMERICAN INSTITUTE OF ARCHITECTS AND AMERICAN INSTITUTE OF P�NNERS Low Bid Analysis - O.P.C. per Bids 7112/77 2 01 E A S T R O S E M A R Y ST- CHAPEL HILL. N. C. 27614 T E L E P H O N E 92 4 - 6 3 8 5 I. Old C1assroom g� Renovation & Alterations a) Bas----ems 1) Gen' l (Triad) $189,800.00 2) Elec. (Pend. & Thom.) 49,883.001 3) H/AC (Car.Air Goad.) 89,257.00 $166,440.00 (Total Meth,.) 4) Plumbing (Brown Bros.) 27 300.00 5) Base Bid Total $3560240.00 6) 1% Contingency $ 3,562.40 7) Base Plus #6 $359,802.40 8) Architect 1 34 181.19 9) Min. Cost Total $313 983.59 10) Total Funding Available (Per J. Turner) $411,765.00 11) Biff. (10-9) Available for Add-On Alt. $ 17,781.41 i.e. New Roof instead of patching old (AIt.42) Base Bid $13,300.00 Arch. L,I,263.50, Total $14,563.50 --- gal. $ 3,217.91 b) New insplated windows instead of re-glazing existing (Alt. #3) Base Sid $12,800.00 Arch. "!� 216.00 Total $I4,016.00 ___ di£f. 10,19-8-09 (Addit;io 11. Old Caafteria Bldg, - Base Bid Cost (Alt. #1) funding needed for new win a) Base Bid 1) en' l (Triad was low bid) $43,800.00 2) plec. (Pend. & Thom. low) $ 8,724.00 3) /AC (Car. Air low) $x,2,200.00 X528,924.00 (Total Me lumbing (Brown Bros 2nd but $ 8,000.0 low on Classroom Bldg) 5) 'otal Base Cost $72,724.00 6) ontingency 17 727.24 7) se plus #6 $73,451.24 S) ch. $ 6 977.87 9) Total Cost 80 429.11 A Prepared by �ames M. Webb, Architect J A M E S M . W F= 8 8 , A , f A . -. A . I . P A R C H I T E C:: T & P L A N N E R MENMR AMERICAN INSTITUTE OF ARCHITECTS AND AMERICAN INSTITUTE OF PLANNERS Low Bid A 1 sis - D.P.C. per Bids 7/1.2/77 201 EAST noSEMA. Rr , T.. CHAPS( HILL, N. C . 27514 T E L E P H O N P 9 ? 4 - 6 3 5 I. Old Cl ssroom Bldp Renovation & Alterations a) Bae Bid f 1) Gen' 1 (Triad) $189,800.00 "" 2) Elec. (Pend. & Thom.) 49,883.00.. s 3) H/AC (Car.Air Cond.) 89,257.00 $1,66,440.00 (Total Mech.) 4) Plumbing (Brown Bras.) 27 300.00 5) Base Bid Total $356,240.00 6) 1% Contingency $ 31562.40 7) Base plus #b $359,802.40 8) Architect �. 34,181.19 9) Min, Cost Total $3931983.59 10) Total Funding Available (per J. Turner) $411,765.00 11) Diff. (10-9) Available for Add-On Alt. $ 17,781.41 i.e. New Roof instead of patching old (Alt.#2) Base Bid $13,300.00 Arch. 1,263.50 Total $14,563.50 --- Bal. $ 3,217.91 b) Neu insulated windows instead of re-glazing existing (Alt. #3) Base Bid $12,800.00 Arch. $ 1,216.00 Total $14,016.00 diff. � 101798.09 (Addition 1.1. Old Cafeteria Bldg,- Base Bid Cost ((Alt. #1) funding needed for new wxrLc a) Ba a Bid 1) Gen' l (Triad was low bid) $43,800.00 2) Elec. (Pend. & Thom. low) $ 8,724.00 3) H/AC (Car. Air low) $12,200.00 $28,924.00 (Total. Mec 4) Plumbing (Brawn Bros 2nd but $ 8,000.OQ low on Classroom Bldg) 5) Total Base Cost $72,724.00 6) Contingency 1% 727.24 7) Base plus #6 $73,451.24 8) Arch. $$ 6--- 7 9) Total Cost ,580,429.11 "�*- r' 7 Prepared by .lames M. Webb, Architect 09 J A M E S M W E B B , A I A . _ A , I , P A R C H I T E* C T & P L A N N E R MEMB R AMERICAN INSTITUTE OF ARCHITECTS AND AMERICAN INSTITUTE OF PLA :y°_RS 201 EAST ROSEMARY ST.. CHAPEL HILL, N. C 27514 T E L E P H CI N E 9 2 9 - 6 3 8 5 CERTIFIED TABULATION OF BIDS RECEIVED PROJECT NO NC-MH-36 CENTER FOR ORANGE-PERSON-CHATHAM MENTAL HEALTH PROGRAM, CHAPEL HILL, N. C. Dare: Jul 12, 1977 Time: 2 g m. Location: Office of County Manager, Orange County Courthouse, Hillsborough, North Carolina Bidder 'License Bid;Base Bid Alternates- —� I. iBond No. 1 No. 2 ,No. 3 General l Clancy & T eys Constructi n Co. I 2077 5°/, 1 234,300.00 50,500.00 1.70760:00 14,510-00 Durham Construc- tion Co. 1 6533 I15°. !197,990.00 46,900.00 15,600.001 16,200.00 .Tames D. Little Construct on Co. 4140 i5% ;230,000.00 147,000.00 118,000.00 ; 15,000.012 Security wilding Co. 4618 5% {220,000.00 148,000.00 ; 26,500.00 ; 12,500.00 9 F ( 1 Triad, In . #552 5% ;189,800.00 €43,800.00 113,300 00 ; 12,800,0[ P. 1 of 2 P. CERTIFIED TABULATION OF BIDS RECEIVED Bidder License Bid Base Bid Alternate No. I i No. ftnd Durham ' 53,060.00 9,200.00 Electric C 3332 Associates 14-U 5% !601945.00 9,400.00 Modern Electric C 2-U ' 52,029.00 8,343.00 Thomerson Electric Cc . 295-U t 5% 149.8a3.00 '1 _8,724-00 at. ric Constructi n Co. 213-U 5% �49,980.00 9,170.00 Carolina A# Conditioni g; Co. 468 5% 89,257.00 12 200.00 comfort t Engineers 1643 5% 194,688.00 14,452.00 ' Hockaday Lee Air Conditioners 1577 1 5% ' 89,767.00 13.346.00 Mechanical Associates 1689 5% ; 94,440.00 13,890.00 Plumbing Brown Brothers Plumbing Heating, 282 5% � 27,300.00 8,000.00 Sparrow ns 1752 57. i27,540.00 7,980.00 umbina Suggs P1 Heating 450 5% 32 090.00 li,m.00 ' The following ordinance was introduced by Commissioner Gustavejon and duly seconded by Commissioner Pinney. AT ORDINANCE PROVIDING FOR THE CONSERVATION OF WIER DURING A WATER SHORTAGE, AND RESTRICTING THE USE OF WATER DURING MORE SEVERE SHORTAGES. EREAS, University Lake provides the only source of raw water from which the Orange Water and Sewer Authority supplies water tc Orange County, and WHEREAS, the level of said .Lake indicates the amount of reserve water available and the need to conserve water, or restrict its use, and W :, REAS, it is essential for the protection of the health, and safety of the citizens of Orange County that restrictive measures be imposed upon the use of water supplied within Orange County trough the facilities of the Orange Water and Sewer Authority, in the event the reserve supply reaches from below normal t critical levels, NO , THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, pursuant to North Carolina General Statutes 153A-121, ordains : Se tion 1. Water Conservation Restrictions Article 1. Water Shortage. (J A water shortage shall be deemed to exist when the reserve Lupply available through the facilities of the Orange Water an Sewer Authority becomes so reduced that the citizens cannot b supplied with water to protect their health and safety • r . persons the existence of such state and the severity thereof, and pl.a ed in effect the restrictive provisions authorized in Arti le 3 . AA t� 2. Unlawful to Use Water Contrary to Provisions of Ordinance. � in the event the Chairman of the Board of County Commissioners issues any such proclamation described in Article l (b) , then it shall be unlawful for any person, firm, or corporation to use or permit the use of water from the water system within Orange County supplied through the facilities of the Lange Water and Sewer Authority in viol.ati.on of any of the man- atory restrictions contained in the proclamation until such tie as this Ordinance be amended or repealed, or until. the Cha rman, by public proclamation, has declared a particular stage o the water shortage to be over and the restrictions applica le to it no longer in effect. A3pticle 3. Restrictive Measures in Effect at Each Stage of Shor age. T I e severity of the water shortage shall be determined by the level of University Lake, and the restrictive Measures in effect it each stage are as follows: (l } In the event the water level of University Lake reaches 346 feet (36 inches below full) , a stage I water shortage ALERT shall be in effect, and the following voluntary water restrictions imposed: a. An extensive publicity campaign will be initiated using public -media and specialized methods to Y� 9' 2. Limit flushing of toilets by multiple usage. 3. Do not leave faucets running while shaving of rinsing dishes . 4 . Limit use of clothes washers and dishwashers , and when used, operate fully loaded. 5. Limit Lawn watering to that which is necessary for plants to survive. 6. Water shrubbery the minimum required, reusing household water when possible. 7 . Limit car washing to the minimum. 8 . Do not wash down outside areas such as sidewalks, patios , etc. 9 . Install water flow restrictive devices in shower heads . 10. Use disposable and biodegradable dishes . 11 . Install water saving devices such as bricks, plastic bottles , or commercial units in toilet tanks . 12 . Limit hours of operation of water cooled air conditioners . 1.3 . It is recommended that water supply line pressure reducing valves be set to the minimum necessary for effective operations of fixtures and equipment . 14 . Conservation in public buildings, institutions, dormitories , etc. is encouraged by reducing water pressure, by installations of water a flow control devices , -and by only periodic. restrictions shall be imposed. It shall. be unlawful to: a. Water lawns, shrubbery, flower and vegetable gardens except during the hours between 4 p.m. and 8 p.m. on Saturday. b. Tntroduce water into swimming pools except to the extent necessary to maintain operation. c. operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when the health and safety are adversely affected. d. Wash any motor vehicle including commercial washing. e. Wash down outside areas such as sidewalks, patios, or driveways, or use water for other similar purposes. f. Use or introduce water into any decorative fountain pool or pond. g. Serve water in a public restaurant except upon request. h. Use water for any unnecessary purpose or to intentionally waste water. It is recommended that pressure reducing valves be installed in facilities with high water pressure with a setting to limit supply pressure to the minimum necessary to operate the fixtures and equipment . ( } In the event the water level. of University Lake � y a. Water or sprinkle any lawn. b. Water any vegetable garden or ornamental shrubs except during the hours of 4 p.m. to 8 p.m. on Saturday. C. Fill, any swimming pool or replenish any filled pools except to the minimum essential for operation. d. Make any non-essential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in restaurants . (4) In the event the level of University .Lake reaches 341 feet (96 inches below full) , a stage IV water shortage EMERGENCY shall be in effect, and in addition to the restrictions set forth in subsections (1) , (2) , and (3) , the following stringent mandatory water restrictions shall be imposed. It shall be unlawful to : a. Use water outside a structure for any use other than an emergency involving fire. b. Operate an evaporative air conditioning unit that recycles water except during the operating hours of the business . C. Introduce water into any swimming pool. (5) In the event the level of University Lake reaches 338 feet (132 inches below full) a stage V water shortage CRISIS shall be in effect, and a system of water rationing shall be imposed in addition Article 4 . Penalties . Ai violations of the provisions of this Ordinance shall constitute a misdemeanor punishable upon conviction by a fine not exceeding FIFTY DOLLARS ($50 .00) or imprisonment not exceeding thirty (30) days as provided by G . S . 14--4 or by injunctl as provided 3 p in G. S. 153A-123 . SIction 2 . if any section, subdivision, clause, or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this Ordinan e shall be deemed valid and effective. S ction 3. All Ordinances and clauses of Ordinances in confl.ic herewith are hereby repealed. S ction 4 . This Ordinance shall become effective when adopted. The foregoing Ordinance received the following vote, this the 18th day of July, 1977 . Ayes : C r airman Whitted; Commissioners Gu.staveson, Pinney and W lker Noes . Absent or Excused: Commissioner Willhoit The foregoing Ordinance was again introduced this lst day of August, 1977 by Commissioner Wimoit and duly seconded by C;ommiE;sioner Pinney_____. _ It received the following vote, a quorum being present, and was therefore adopted this the lst day of August, 19.77 . . Cf PUBLIC PROCLAMATION Pursuant to the provisions of the ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE AND RESTRICTING THE USE OF WATER DURING MORE SEVERE SHORTAGES , I, Richard E. Whitted, Chairman of the Board of Orange County Commissioners, having been provided with information that the water level of University Lake has dropped to 343 feet (72 inches below full) do here y issue this PUBLIC PROCLAMATION declaring to all persons that a STAGE III WATER SHORTAGE DANGER is now in effect and that the following water conservation restrictions are now applica le. HENCEFORTH, it shall be unlawful for any person, firm, or corpora ion to use or permit the use of water from the water system zthin Orange County supplied through the Orange Water and Sewer Authority or f Y any o the following purposes or in any of the ol.l.owi.ng ways: 1. To water or sprinkle any lawn. 2. To water any vegetable garden or ornamental shrubs except during the hours between 4 p.m. and 8 p.m. on Saturday. 3 . To fill any swimming pool or replenish any filled swimming pool: except to the minimum essential for operation. 4. To operate water-coaled air conditioners or, other equipment that does not recycle cooling water, except when the health and safety are adversely affected.' ' r � - 9 9. To use water for any unnecessary purpose or to intent- ionally waste water. 10. To make any non-essential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in restaurants. In addition to the foregoing mandatory restrictions , it is recomme ded that all citizens of Orange County supplied through the Orange Water and Sewer Authority and surrounding areas observe all water conservation measures possible including the following: Use shower for bathing rather than bathtub and limit shower to no more than four (4) minutes; limit flushing of toilets by multipl usage; do not leave faucets running while shaving or rinsing dishes; limit use of clothes washers and dishwashers and when used, operate fully loaded; water shrubbery the minimum required; reusing household water when possible; do not wash down outside areas such as sidewalks , patios, etc. ; install water flow restrictive devices in shower heads; use disposable and biodegradable dishes; install water saving devices such as bricks, Elastic bottles , or commercial units in toilet tanks; limit ho xs of operation of water cooled air conditioners , reduce w ter supply line pressure to the minimum necessary for effective operation of fixtures and equipment, and install pressure reducing valves in facilities with high water pressure with a s tti.ng to limit supply pressure to the minimum necessary -j t-o.- opera e. the fixtures and equipment. A 'y violations of the mandatory restrictions set forth in this Proclamation shall constitute a misdemeanor punishable upon co Viction by a fine not to exceed FIFTY DOLLARS ($50.00) , or imprisonment not to exceed thirty (30) days as provided by G. S. 1 -4 , or by in-junction as provided in G. S . 153A-123 . C RAIRMAN BOARD 0 U,.. OUNTY BOARD COMMISSIONERS PUBLIC PROCLPdtATION Pursuant to the provisions of the ORDINANCE PROVIDIMG FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE AND RESTRICTIi THE USE OF WATER DURING MORE SEVERE SHORTAGES, I, Richard E. Whitted, Chairmar of the Hoard of Orange County Commissioners, having been provided with information that the water level of University Lake has dropped to 343 feet (72 inches below full) do hereby issue this PUBLIC PR.00LAb1ATION declaring to all persons that a STAGE III CATER, SHORTAGE DANGER is now in effect and that the following water conservation restrictions are now applicable. HENCEFORTH, it shall be unlawful for any person, firm, or corporation to use or permit the use of water from the water system within Orange County supplied through the Orange water and Sewer Authority for any of the following purposes or in ant of the following ways: I 1. To water or sprinkle any lawn. 2_ To water any vegetable garden or ornamental shrubs except during the hours between 4 p.m. and 8 p.m. on Saturday. 3. To fill any swimming pool or replenish any filled swimming pool except to the minimum essential for operation. 4. To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when the health and safety are adversely affected. 5. To wash any motor vehicle including commercial washing. 6. To wash down outside areas such as sidewalks, patios, or driveways, or to use water for other similar purpo::-: .. 7. To use or introduce water into any decorative fountGi:.. I:INSTOX3 COLVA.AOI pool or pond. t! EIGRNHOLX ATT04rMYu AT LF: 8. tY ( r-� o serve water in a public restaurant except upon CH.F-"Hi4L.h C Hi44+10.7 O11GH. l:..C.. request„ I I e 9. To use water for any unnecessary purpose or to intent- ionally waste water. 10.. To make any non-essential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in i restaurants. 1 In addition to t . foregoing mandatory restrictions, it is recommended that all citizens of Orange County supplied through the Orange Water and Sewer Authority and surrounding areas observe all water conservation measures possible including the following; 3 Use shower for bathing rather than bathtub and limit shower to 3 no more than four (4) minutes; limit flushing of toilets by multiple usage; do not leave faucets running while shaving or I rinsing dishes; limit use of clothes washers and dishwashers and when used, operate fully loaded; water shrubbery the minimum required; reusing household water when possible; do not crash down outside areas such as sidewalks, patios, etc. ; install water flow restrictive devices in shower heads; use disposable � t ` 1 and biodegradable dishes; install water saving devices such as bricks, plastic bottles, or commercial units in toilet tanks; limit hours of operation of water cooled air conditioners, reduce water supply line pressure to the minimum necessary for effective operation of fixtures and equipment, and install pressure reducing valves in facilities with high crater pressure with a setting to limit supply pressure to the minimum necessary f to operate the fixtures and equipment. I This proclamation, and the restrictions imposed pursuant i to it, shall be in effect until the Ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, AND RESTRICTING THE USE or WATER DURING MORE L•.INSTaN. COLEMAs� I SEVER SHORTAGES" is amended or repealed or until the Chairman, [� ElG3:71H9L2 � I ATTORNEYS AT LAW by Public Proclamation, declares that the Stage III Water Cli:a�61.11LLL 11.C. fis�.LSeo Ratl�H r, c. Shortage DANGER is over. ,I K3 Any violations of the mandatory restrictions set forth in this Proclamation shall constitute a misdemeanor punishable upon conviction by a fine not to exceed FIFTY DOLLARS ($50.00) , or imprisonment not to exceed thirty (30) days as provides: by G. S. 14-4, or by injunction as provided in G. S., 153A-123. f f CHAIRMAN, ORANGE COUNTY BOARD OF COMMISSIONERS i I � I� ti.INSTON. COLEMAN ` LF Dgr NHOL'L AT'i•OHf1CY�AT LA'N CH-%PEL MILL. h1iLi��p RO UGhF 1 C. 1Ei I v AGENDA ATTACHMENT I 10 Or-tANG"S COUNTY COMM][SS»QN ERS ROOM Nm 12 106 EAST' MARGARET LANe MLS-S130ROUGH, N. C. 27278 t�luHA.HD 1u![lTTEP.Chavnaaa NoRttiUt 1'tiA1Lt;61t NoRmAN GusrAvesox Orange County Health Depa,rtm,.r; ]nti P.Nt%RY 144 East !Margaret Lane M-NA .D WILWorr Hillsborough, N. C. 27278 Mr. Richard i_tted, Chai rpan Orange County Board of Commissioners 106 East Vi�a,rgaret one Hillsborough, M. C., 27278 Dear Mr. Whit ed, As a gyres t of our separation with the District Health Department the Orange County Health Department wiLi be without the services of the District Heal-� Director for reading our x—rays. We have, thus, taken action to mare the services of a Radiologist in private practice. The attached contract has been approved by the Board of Health and we respectf y request that the County Commissioners approve this contract, Thank yo for your consideration ,of this request, Sincerely yours, r• .rs 1 r William S. Maye s, D. D. S ', Chairman Orange County Board of Health Orange Couatf =Icalth Departmei:t 14 "".a.,st Larc;are t an^re 7 r� iillE�`UC}rollc, ?, .1Qr4�^ �rzro ]I1ca 27L7�) Between Pick Suber.ua , i'i. DO and. Oran6e County Board of Co amissioners This agreement is made and entered into this ._ _ Z f�day of 19771 by and. between Rick Siibe"rman, i:.► P., r jensA to p acute riedi.ci.ne in the ;tale of i'orth Carolina, hereinafter referred to as the 'Ph-Ysician., and Cram, :.ou.nty Board of Commi sinners, hereinafter referred to as the County. in consideration of the mutual promises, a reements and undertalzi—ty s hereinafter set forth, it is hcreb; azreee, as fo110-.:Is: f 1 ► The Ph siciaa a;;rees to provide the service of reading and iriterpr�ti nE all 7 -n chest, ra.dj.ogra r h3 t-ken lid processed by t' e Oran';e Gounty ,iea.Zth Department, hereinafter referred to as t=1e De wa-rtt?en, 2. - The Dopartmme:at r:zll provide the Physician a, viel,er by .rhich these radi.obraphs may be read. a. The County trill pay the Physician a fee of tvio thousand five Viundred dollars (;;2,500►00) every three months in e%chang0l for s -I d services:, [3e;�1lILni nr Augrust 1 , 10?7. The Physician vLj,ill Mill t.?* lounty said fee at the be�i, a.??ing of each three.-month C� U period durin- which said services are to be rendered. Tho County will pay said bill within fifteen (15) days after receipt of Came. • /D .r• 40 Chest radiographic films to be interpreted by the Physician, and the accompanying radiographic record cards, shall be delivered by t e Department on Monday morning of each week. Radiographic films and carde left with the Physician on a Monday shall he been read by the Physici n _ and be prepared fo� pickup b the Department the following Monday. In the P P I P P Y .P event that Monday is a holiday, the above delivery and pickup shall occur on the Tuesday following. 56 Chest radiographic Films showing normal results will be so noted by the Physician on the radiographic card, Radiographic films showing abnormal results will be clipped and these results will be noted on the x—ray card by the Physician. The Physician will also immediately notify the Dep rtment by telephone of any abnormal results found in the g P radio ra hi,c Ims. 6. This agreement shall continue and be binding for the period of August 11 1977 through October 31 , 1977, renewable at that time for the three 3--month periods beginning I3ovember 1v 1977, February 1 , 1978, and May 1 , 1978, This agreement may be terminated during any three month period by written consent of both parties, and all ammendments shall be attached to this agreement and made a part thereof. 70 this agreement may be terminated at the end of any three month period by either party by giving written notice of intention to the other party at least thirty (:�0) days before the end of the three mon aCa;,gd. ,1 f� ` Coint;; of Orange Jr Chairman of the Board of COmmissloners ` for the County of Orange ATTEST• Clark to ty, MarcL oz ommi s e-- r IT ORTH CAROLINA ORANGE COUNTY This 13 to certify that on this day personally came before we Agatha Johnson, i.th whom 1 am personally acquainted, who being by me duiY sworn says that Richard Whintted is the chairman of the Board of Commissioners fo the County of Orange and that she, Agatha Johnson, is the Clerk to the Board of Commissioners for the County of Orange, a body Politic and core rate, described in and which executed the foregoing Agreement; that he knows the common seal of said County of Orange; that the seal of fixed 'to said instrument is said common seal; that the name of the tIMinty of Orange was subscribed thereto by the said Chairman of the Board of Commissioners for the County of Orange and that the said Chairman of the Board of C,ommi,ssioners for the County of Orange and said Clerk to the Board of Commissioners for the County of Orange subscribed their names thereto and said Common seal was affixed, all by order of t e Board of Commissioners for the County of Orange, axtd that said instrum nt is the act and deed of said County of Orange. Witness my Land and notarial seal, this the f day of 97?. • aALe Lt{.�Lam.. _ 5�►' ,',y� Notary - b is L,• 14Y commission expires NORTH CAROLINA ORJUTGE COUNTY This is to certify that on this day personally came before me Rick Suberman, W I o being by me duly sworn, acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this the day of 1977- *,t eca•or. r ��I�• NO. 1A t u�= • E? 1: it rte•= Notary Public � Zb ••rr•rrr Icy Commission expires My Commission Expires March 2, 1982 This i strument has been preaudited in the manner required by the Local Gov rnment Budget and Fiscal Control, Act. Finance officer Date !l f, RESOLUTION OF COVMENDATION FOR DR, CHARLES KNOX MARTIN, JR. WHEREAS, D)<. ChaA£es K. hfaAtin, Jn., came to Onange County in Ja, y 7973 tui,i{t a dt,r- tiiiga.Zzhed Aeco•xd o6 accompti4hmekit6 ays an edueatorc and hwnastii.ta 4i.c't, and WHEREAS, Dn.. Chan£ers K. Maht.n waa appo.istted Executive DUectok of O:cangeCotuity Council. on Aging on SeptembeA f, 7973, and WHEREAS, On Ju.Cy 7, 7474, under the 5upekui6ion o{ Dk. Chah.£e�s K. MaAti.n, the Oxange County Cowicit on Aging melcged tu,i th the Chape.£ fti.P.f' Counc,i.0 on Aging theaeby pkov.id.ing .the etdeh.£y county-tuide With aeAvi.ce,6 here to6one not ava.iFu.b£.e, and WHEREAS, During the tenu>Ge o6 Dl.. Matttin, e£.even Sen,iort Citi.zem Czub3 have bew orcgani.zed, a t4a3i4po&tation 3yztem panned and .tmpteme.nted, and many otheA pn.og&=6 initiated, a Z developed boa the expaeaa pucpoae o6 im- pnovLng the quatity o6 Zi.6e o6 ouA zen.i.on citi.zew. NOW, THEREFORE, BE IT RESOLVED that the Ohange Coway Boakd o6 Comm.ihaionerrh ,,ecog- nizm the conz&ienti.aus woAk o6 Dn. MwLti.n and ta.ke6 this oppontwtiity thAough it6 membeA4, R.ichcmd Wh.itted, Noun Gustavuon, Jan Pinney Norman WaZken, and Dona£d WiMoit to expne64 to Drc. Chakte6 K. Martin, JA., theLi zi.nceAe. apprtec,i.ati.on cuid deep gratitude bon h,:,s 6aith6uZ seAvi,ce to Orange County, and tuiAhea to him and U6 6ami.£y eveAy haPp.inm,6 in the. yearns to come. Let: a copy o6 thia nertotution be pr.ehented to the aai:d Dn.. Cha.'Lem Knox MaAtin, 1%., and the &ezo.f?ution be apaead upon the, m6nute6 o6 V14A meeting, tii.a the lat day ou Auguat, 1977. : Ri.charrd E. Whitted, Cha.iruman Noriman Gul taveb on- ' Y, r,�/Jan P.inne y Noruman Wa£ker< Dona.£d WL �hait f:� !a"•'��.• N ,p .•s <. •..,.r. vr.1:y ti,,.. lfva � r w...Y � t� 1•..G o !�L!�`'�}; •1� aY t 4q / w• r v MMIL !o .1l 17e �• r r!IJI, 13$t 14 vA *'S ,} ? ! _•mow w r1�o�A � ACMMENT , !1.'•L s7 .F �� w.>:o i2ai _ t-{_ ,y ]vSS°. 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"' liW N� f70r1 4.f AT I) S7 •S 1s fty r!,•d _rte .R Iris fY,o IM -AS ILLI Duo, Ifal J 9 ----- �71>r ri - }�L io I,A isle €nck+••oa! _ - ••"'•';`tom Y 1 Y': ,n__r„f f,ta v Cent b 5re!cl i ! S "°,# ter=•.2;: c dqt ck—p k J�a ITT„ '� u � !Z{3 R :L'{ " 1.F +in �� ° rla•r Im.Y�. y !.7 i,�. Io, �,�.n +� .l .,• i � Crwusnda w� t � ` u E..b°"" � r ^ f 1 7•er I17s Itn \ Q n lfa2 Lr7.k !h7 .f;--i 1 r��� e..l;;-�•'r x*�� sal r t ,7 ^ X167 f !•�?�Z'��•Jls. r'�v 'G ��' `/y.»� 1 "-1 rK •:.'� rv�, :li •fi .. r� !7°2. sla''r•�flat --._Cal.w3f. Ih,.xa\t l�l' A"?O1't��' 't;-�E• �:� ra rey !a ti wl.r h'• -. lrrf }I'{i•-.._Sr C/�72P.:]• '" f...>v. 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NORTH CAROLINA ORANGE COUNTY This AGREEMENT, made and entered into in duplicate original this the lst day of August, 1977, by and between the COUNTY OF ORANGE, hereinafter referred to as COUNTY, party of the first part, and ORANGE DATER AND SEWER AUTHORITY, hereinafter referred to as AUTHORITY, party of the second part; W I T N E S S E T H: That WHEREAS, the AUTHORITY owns and operates water facilities serving customers in its service area in Chapel Hill, Carrboro, and other areas of Orange County and parts of Durham County; and WHEREAS, COUNTY owns a dam and Lake known as Orange Lake wherein it has impounded a public water supply; and WHEREAS, during the past several months the rainfall in the service area of the AUTHORITY has been so little as to cause a drastic shortage in the public water supply available to the AUTHORITY for distribution to and use of the people in the community it serves, and such scarcity of water has created a situation of the magnitude which now threatens to be inimical to the public health and welfare, and constitutes a clear emergency, and WHEREAS, the AUTHORITY has requested the COUNTY to release for its use certain amounts of water from .Orange Lake and COUNTY is willing to do so upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of One Dollar ($1.00) and the benefits and detriments moving between the parties, and especially in consideration of making a cooperative effort to alleviate the hardship and the threats to public health and welfare caused by the existing drought, the COUNTY and the AUTHORITY, for themselves, their successors and assigns, do mutually agree as follows: 1. Upon request of the AUTHORITY, the COUNTY will release water from Orange Lake either directly or indirectly, as specified, for the exclusive use of the AUTHORITY to be processed and treated by the facilities of the AUTHORITY or under agreement between th )PITY and another or others. -2- 2. The COUNTY agrees to release and deliver to the ran AUTHORITY a minimum of not less than two million gA of water for the duration of the emergency as determined mutually by the AUTHORITY and the COUNTY. There shall be no charge for any water furnished under this agreement. 3. Any daily quantity of water requested by the AUTHORITY in excess of two million gpdRshalll, as to such excess, be subject to approval by the County Manager of COUNTY from time to time as the requests are made, and such approval shall not be unreasonably withheld. 4. This agreement shall be in full force and effect during the period of the water shortage and the emergency resulting therefrom, the termination date of which shall be mutually determined by the AUTHORITY and the COUNTY, S. The COUNTY does hereby fully authorize the AUTHORITY to locate, construct, and install within, along, and under public roads and rights of way its pipelines and such appurtenances connected therewith as may be required to properly deliver such water through said pipelines to such point as the AUTHORITY may select for treatment and distribution through its public water utility system; provided, however, that the AUTHORITY will obtain the right of encroachment within and upon any highway which is under the control of the N. C. Department of Transportation such permits and encroachment agreements as may be required by such Department; and, Provided, further, that the AUTHORITY will at its own expense promptly replace, repair, and restore all areas of excavations and paving cuts to the standards required by the N. C. Department of Transportation, and will relieve the COUNTY from any obligation to make any of such repairs or restoration. 6.. 'The COUNTY shall have no obligation to expend any funds for the construction of pipelines, installation of meters, treatment facilities, or any other segments of a water treatment and distribution system, and its delivery of water from Orange Lake to the exclusive use of the AUTHORITY as herein provided shall constitute its total obligation hereunder, ri r -3- 7. All pipelines and appurtenances thereto and any and all other apparatus and facilities which may be installed or constructed by the AUTHORITY shall remain the sole property of the AUTHORITY and subject to its exclusive regulation, operation, and use. 8. This agreement is subject to review by the parties hereto at least once in each twelve month period as to the allocation of the public water supply, the first such review to be not before March 1, 1978, IN TESTIMONY WHEREOF, both the COUNTY and the AUTHORITY have caused this agreement to be executed by their respective officials and their respective official seals to be affixed by authority of their respective governing Boards, all as of the day and year first above written. COUNTY OF ORANGE ATiTEST: Chairman, Board of County Commissioner= �Ct�n.h ORANGE WATER AND SEWER AUTHORITY By ATTEST: CKai rnian e —j?T!�Se tart' NORTH CAROLINA ORANGE COUNTY / I, _�-iI/ 4; r:�; `. � _ % , a Notary Public in and for the aforesaid County and'State 'do hereby certify that on this day personally appeared before me An ha v,nnv� � With whom I am personally acquainted, who, being by me duly sworn, says that he is CeeAk and that R,(chaAd Ui6itted is Chairman of the Board of County Commissioners of Orange Cduat�;which executed the foregoing Agreement; that he knows the common seal of said ,� Bo'a'rii;- that the seal affixed to said instrument is said common seal ; that the name of thehBoara..was subscribed hereto by the said Chairman, and that the said Chairman and subscribed their names thereto, and said common seal was affixed, all by `ord"er,arIi'di :'Board of County Commissioners duly given; and said instrument is the act de'e6.rvf -ta Board. ;P. ���' ,••,Wx7�ess my hand and notarial seal , this da,y of August, 1977. ?� t t % My Commission expires: My `i Notary Pub c ! Y , n 0 l�n, �- ' NORTH CAROLINA OR �LiGE COUNL TY a Notary Public in and for the aforesaid/County and Suate, do hereby certify that on this day personally appeared before me ROBERT EPTING with whom I am pe_sonal.ly acquainted, who, being by me duly serorn, says that he is Secretary and that PAUL K. 1.I0RM.IS is Chairman of ORANGE 4'ATER t1 iD SE:TER AUTHORITY, the Authority naraed within and which e:iecuLad the foregoing Agreement; that he knows the common seal, of said corporation; than the seal affixed to said instrument is said co-moron seal; that the name of the Authority was subscribed thereto by the said Chairman, and that the said Chairman and Secretary subscribed their names thereto, and said common seal t`ias affixed, all by order of its governing body duly given; and said instrument is the act and deed of said Authority. Witness my hand and notarial seal, this day of August, 1977. Notary Public ! ply commission expires: F ,�l,� OTA a,�•' k�H�s? Ik .. s it rE PETITION —1-0 :ti LARGE 'RURAL FIDE D TS 2, - i' r. P.ural Fire District: IE To t_�e Car:z.rnissiozers of ;•'l,G',.-L.�t_.s... /-��"� pursila-�t to the pro�isia.s of Section 69-2 5.11 of the (,*eneral E� � statutes of North Carolina the arndersignedpetition the commissioners u. fire district to increase the area of said tii> r.J district so as to include all of the property of the Lui Iersigned peritiO3,+-r s which ad,joi.r!s the said fire district. This the 3r ay of ( / 1 We the duly appoi-rted and acting commissioners of i fire district do unanirn.ously recommend that said fire district be increased so as to include the property of the above property owners whic}y adjenins sai fire district. This the day of ��•t�� °��`' , 19%r C CHESHIRE I 7 n � r TTCRSEV:i -T L40 G I �E I ORANGE COUNTY PLANNING DEPARTAIRNT BaLLSBOROUGH NORTH CAROLINA 72'78 a � r, 17 s? r apbrr� QULp,a1 Memo To: Colt-y Commissioners From: P1annIng Department Subject: Advisory Councils Report Date: August 1, 1977 Since the last progress report of .July 18, the second meeting in Bingham townsiip has been held and preparations are being made for the coming meeting in Cheeks (August 9) and Eno (August 11). The Bing Jam meeting was attended by twenty local residents including twelve of the sixteen members of the Advisory Council.. The Council decided that bile all meetings would be open to the public and public input shall b sought to the fullest extent possible, all official action would be voted on only by Advisory Council members. They also decided to postpone the election of officers until the end of the next meeting at wh�".ch time the Council members would have worked together for two meeti gs. The slide. show on land classification was presented and the Community problem checklist was completed but, because length of the meetini, the discussion about land use decision making was postponed until the next meeting. Preparations for the Cheeks and Eno meetings include newspaper articles, inv.tation letters to names on the preliminary council lists, and announcem nts in stores and churches. The meeting sites are the Efl.and Fire S ation and the Eno Fire Station., k,Q" r ���