HomeMy WebLinkAboutAgenda - 09-15-2015 - 6f 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 15, 2015
Action Agenda
Item No. 6-f
SUBJECT: North Buckhorn Sewer— Transfer of Ownership to City of Mebane
DEPARTMENT: Planning, Manager's Office, PUBLIC HEARING: (Y/N) No
Attorney's Office
ATTACHMENT(S): INFORMATION CONTACT:
1) System Map Craig Benedict, Planning, (919) 245-
2) Utility Dedication Form 2592
3) Letter from EPA Grant Administration Bonnie Hammersley, County Manager,
Office (919) 245-2300
4) Successor in Interest Agreement from John Roberts, Attorney's Office, (919)
EPA 245-2318
Kevin Lindley, Planning, (919) 245-2583
PURPOSE: To consider transferring ownership of the North Buckhorn sewer utility
infrastructure to the City of Mebane.
BACKGROUND: The County has a Utility Service Agreement (signed in 2004, expanded in
2012) with Mebane for provision of water and sewer utility service in the area east of the city
and along the interstate and Highway 70 corridor. In the agreement, Orange County agrees to
turn over ownership and operation of any utility infrastructure built in the agreement's
designated service area to the City of Mebane. In this sense, the County is acting as a
developer of this designated growth area, building a framework of water and sewer
infrastructure from which future development can grow.
The North Buckhorn Sewer project was completed in Spring of 2013 as part of a larger
construction project which included the expansion of the Efland Sewer System. A map of the
North Buckhorn portion of the project is shown in Attachment 1. Though the North Buckhorn
and Efland Sewer expansions were geographically separated, they were bid as a single project
to capitalize on economies of scale for the construction contractor. The project was partially
funded by two EPA grants, which is the reason the transfer of ownership has taken so long after
completion to come before the BOCC.
As part of the application for the grants, the County agreed to several assurances related to the
long term maintenance and operation of the sewer system. In order to transfer the system to
the City of Mebane, Orange County had to request permission from the EPA Grant
Administration staff. When County staff approached EPA staff about the transfer, the EPA staff
had never encountered this situation before. EPA had no objections to the transfer, but had to
develop a document that transferred the responsibility for the operation and maintenance of the
North Buckhorn sewer system to the new owner. The form the EPA developed is called a
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"Successor in Interest" agreement (Attachment 4). This form has to be signed by both Orange
County and the City of Mebane, and then returned to the EPA Grant Administration Office in
Atlanta for their review and signature.
In addition, the EPA needs documentation of the ownership transfer of the infrastructure to the
City of Mebane. The water and sewer infrastructure installed by the County as part of this
project and the associated easements are the property of the County. This transfer of property
needs to be approved by the BOCC. Staff has developed a utility infrastructure dedication form
for this transfer (Attachment 2). Once the ownership transfer has been approved, staff will
forward the Successors in Interest form and the Utility Dedication form to the City of Mebane for
signature. The City will then forward the signed documents to the EPA. Once EPA reviews and
signs the documents, the County and the City of Mebane will receive signed copies back for
each jurisdictions' records.
FINANCIAL IMPACT: There is no financial impact associated with approving the transfer of
utility infrastructure ownership to the City of Mebane.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Authorize the Manager to sign the Successor in Interest agreement on behalf of the
County;
2. Approve the transfer of ownership of the utility infrastructure and easements to the City
of Mebane and authorize the Chair to sign the Dedication Form (Attachment 2); and
3. Authorize staff to pursue any further action necessary to complete the transfer of
ownership to the City of Mebane, per the 2012 Mebane-Orange County Utility Service
Agreement.
Northern Buckhorn Sewer Extension Project 3
Attachment 1
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185 S 140 W �98 34296426
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/9834380583 8834381529 9834387506
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/I��Y�— 9834386462 9834480414
9834287311 9834288229 9834380460
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9834389610 9834286104
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#02 #03
185S140W
185S140W 185N140E T157
Legend 0 100 200 300 400 500 600
Disclaimer: The sewer lines and manholes as shown Feet
on this map are meant to show generally where they
will be installed. For more detailed information please Orange County Planning and Inspections Department
visit the Orange County Planning Office,located at 0 Manholes North Buckhorn parcels GIS Map Prepared by Miriam Coleman,February 11,2011
131 W. Margaret Ln.,to view the actual proposed
construction drawings. Projection: North Carolina State Plane(feet)
Sewer lines Service Connections (stubouts) Datum: NorthAmerican 1983
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Attachment 2
Water and Sewer Utility Dedication Form
City of Mebane
City of Mebane
106 E. Washington St.
Mebane, NC 27302
Re: North Buckhorn Sewer Utilities
Dear Sirs:
Orange County, North Carolina, the current owner of the public sanitary sewer line, does
hereby dedicate and convey unto the City of Mebane, its successors and assigns, all of its
rights, title, easements and interest in and to the water and sewer lines constructed in
accordance with plans titled "Buckhorn Sanitary Sewer Improvements North of I-85"
prepared by Coulter Jewell Thames and certified by McGill Associates, dated July 15,
2013.
IN WITNESS WHEREOF, this letter is executed by the duly authorized officers of
Orange County, North Carolina and its corporate seal to be hereunto affixed, on the
day, month of in the year
ATTEST: BY:
Donna S. Baker Earl McKee
Clerk to the Board of County Chair, Board of County Commissioners
Commissioners
NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public, hereby certify that
personally appeared before me this day and
acknowledged that she is the Clerk to the Board of County Commissioners for Orange
County, NC, a government entity, and that by authority duly given as the act of the Board
of County Commissioners, the foregoing instrument was signed in its name by its Chair,
sealed with its corporate seal, and attested as its Clerk.
Signature of Notary Public
My Commission Expires:
lAttachment 3 � 5
ip;G UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
'0
Us
0
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, 1 3 03038960
JUN 0 3 2m
Ms. Bonnie Hammersley
200 South Cameron Street
P.O. Box 8181
Hillsborough, North Carolina 27278
SUBJECT: Transfer of Grant Funded Real Property
Dear Ms. Hammersley.
Enclosed are three copies of the Successor in Interest Agreement required in the transfer of ownership of
facilities funded under the EPA grant agreement XP95456411 from Orange County(County) to the City
of Mebane. Please have all three copies executed by your authorized representative and forward all three
copies to the City of Mebane (City). Please request that the authorized contact for the City execute the
forms and return the to the Grants and Infrastructure Section, U.S. Environmental Protection Agency,
61 Forsyth Street SW, Atlanta, Georgia 30303.
Also, enclosed are assurances and certifications that need to be completed by the director of the new
owner and returned to the EPA, The County should also provide a copy of the deed of transfer(i.e.,
quitclaim deed or other) noting that the EPA has an interest in the property and the property is thus
encumbered.
The Successor in Interest Agreements will be executed by the Grants Management Officer, who also
serves as the Award Official. This office will return copies of the executed agreement for your files.
Please remember that the City is bound by the grant agreement to notify the EPA when the property will
no longer be used for grant purposes, or should it transfer the property to another entity.
If you have any questions, please contact me at (404) 562-9392.
Sincerely,
Stacey Bouma
Chief
Grants and Infrastructure Section
Enclosures
hernet Address(01L)-httpWwww-epa goe
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Attachment 4
SUCCESSOR IN INTEREST AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF MEBANE
This agreement is between Orange County(hereafter County), North Carolina and the City of
Mebane (hereafter City), North Carolina, as the result of the County's request to transfer
ownership of a portion of EPA-funded infrastructure to the City.
The Environmental Protection Agency(EPA), represented by its grant award official, Ms. Dorothy
ayfield, awarded a grant agreement, XP-95456411, on 1216/2010 to the County. The
performance and payment have been completed and the County has remaining duties and
obligations to fulfill.
The County assigns, conveys, and transfers to the City the North Buckhom portion of the grant
award, including all activities now in the possession of the County. By virtue of this agreement,
conveyance and transfer, the City will assume the duties, obligations, and liabilities of the County
under this grant that relate to the portion of assets and activities being transferred.
The City is in a position to fully perform the duties and obligations as they exist under the grant,
and it is consistent with EPA's interest to recognize the City as the successor party to the grant.
In consideration of the work completed, the parties agree as follows:
1. The County releases and discharges EPA from all claims, demands, and rights which it
may now or may hereafter have in connection with the grant referenced above.
2. The County remains responsible for its grant obligations including recordkeepin ,
reporting and providing supporting cost documentation where necessary. The City may
assume some or all of these responsibilities, however, nothing in this agreement discharges
the County from its obligations under the grant or the applicable laws and regulations.
. The City assumes responsibility for and will be bound by the terms and conditions of
the grant and all laws and regulations applicable to the grant.
4. The City has the managerial and legal capability to assume all responsibilities
associated with the ownership of the grant.
5. The City agrees that it is not entitled to any grant funds or other benefits paid to the
County from the grant, and the County will have no rights nor make any claims against the
City or EPA for grant funds paid to the County prior to this agreement.
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6. EPA recognizes the City as the County's successor in interest for the North Buckhorn
activities under the grant and hold the City responsible for satisfactory completion as
though the City were the original party tote grant. For the North Buckhorn portion oft e
grant activities, the to "grantee" as used in the grant is deemed to refer tote it rather
than the County.
The execution oft is Agreement signifies the parties' acceptance oft a terms of this Agreement
ENVIRONMENTAL PROTECTION AGENCY
By: .......
Title: Award Offi ciaFG rants Manapement Officer
ORIGINAL GRANTEE NAME
By: ...........
Title:
..............
NEW OWNER/GRANTEE NAME
By:
Title-,