HomeMy WebLinkAboutAgenda - 01-21-1986 ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA
REGULAR MEE'T'ING
TUESDAY. JANUARY 21. 198 6
OLD POS'P OFFICE
CHAPEL HILL. N.C.
7:30 P.M.
A.
B. ATIDIENCE COMMENTS
1. Matters on the Agenda
2. Matters not on the Agenda
C. MINUTES
D. PA POINI'MENT'S
E. REPORTS
1. Economic Development Commission
2. Commission for Women--Employment Task Force Report
PAGE * F. ITE74S FOR DECISION---CONSENT AGE I A
Any item may be removed for separate consideration
005 1. Abandonment of SR 1547 - Bradsher Road
010 2. Annual NCDOT Construction Statement 1985
014 3. Addition to Secondary Road System
017 4. Rescheduling of the Public Hearing on a Road
Closure
018 5. Railroad Equalization Suit
021 6. Wastewater Collection and Purchase Contract
Amendment
026 7. Budget Amendment--Special Assessment
028 8. Right of Way Encroachment Agreement with the
Department of Transportation
031 9. Request for Temporary Social Worker I Position
G. ITEMS FOR DECISION
033 10. P & S Sporting Goods, Inc.
035 11. Town of Chapel HIll Extraterritorial Planning
Jurisdiction
044 12. Water and Sewer Grant Funds (Senate Bill 2)
047 13. Charge to Telephone Study Task Force
H. MIQUENMENZ
(APPROVED 5/20/86) 1
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 21, 1986
The Orange County Board of Commissioners met in regular session on
January 21, 1986 at 7:30 p.m. in the Courtroom of the old Post Office,
Chapel Hill, North Carolina.
COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners
Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker.
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant
County Managers Albert Kittrell and William T. Laws, Clerk to the Board
Beverly A. Blythe, Director of Planning Marvin Collins, Director of
Economic Development Sylvia Price and Planner Susan Smith.
A. BOARD COMMENTS
Chair Willhoit announced the receipt of a letter from the NCACC
announcing the designation of County Government Week and asked that the.
Board Members and County Staff think about some appropriate observance
of this week.
B. AUDIENCE COMMENTS
1. MATTERS ON THE AGENDA
Chair Willhoit will recognize those persons in the audience
who wish to speak on a specific item at the time that item is discussed.
2. MATTERS NOT ON THE AGENDA
None.
C. MINUTES
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the minutes for December 3, 1985 as circulated.
VOTE: UNANIMOUS.
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to approve the minutes for December 17, 1985 as corrected.
VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the minutes for January 6, 1986 as corrected.
VOTE; UNANIMOUS.
G. ITEMS FOR DECISION
11. Town of Chapel Hill Extraterritorial Planning Jurisdiction
Chair Willhoit introduced Mayor James Wallace.
Mayor Wallace stated that the request for extraterritorial jurisdiction
received the unanimous approval of the Town Council. He pointed out
that it is not the intention of Chapel Hill to abandoned the idea of
joint planning jurisdiction but rather to expand the area next to Chapel
Hill over which Chapel Hill would have jurisdiction and place the
transitional area and the buffer area further to the north and to
include the southern triangle. Because of the past decade of rapid
development, Chapel Hill would be able to deal with the three mile area
beyond the annexed area to the north more efficiently and expeditiously
than with the existing situation because (1) Chapel Hill would have more
.................
2
area and (2) it would simplify the oversight of the new joint planning
area.
Mayor Wallace proposed that a planning board consisting of
members from the Chapel Hill and Orange County Planning Boards be formed
to oversee this new joint planning area regardless if the three extra
miles are granted or not. He made reference to the General Statutes of
North Carolina and indicated that under the statutes, municipalities may
extend their extraterritorial jurisdiction into areas outside their
corporate limits so that they can plan and control development which
they will at some point annex into the corporate limits. He asked that
the Board of Commissioners consider this request and pledged cooperation
in this endeavor. He supported his request stating the three mile
margin would allow for development to proceed in a matter acceptable to
Chapel Hill. The Town is boxed in on all four sides with no where to
go. He noted it a specious argument that the 1,500 or 2, 000 people who
now live in the extraterritorial jurisdiction would be denied
representation. He pointed out the people in that area would be able to
voice their opinions to the Chapel Hill Planning Board and the Board of
Adjustment.
Commissioner Carey asked Mayor Wallace for clarification on
how the request for extraterritorial planning jurisdiction does not
encroach on the abandonment of the joint planning effort that has been
put forth.
Mayor Wallace explained that the transition and the rural
buffer added together is too small for the circumstances of today. The
Council is asking that the transitional area be moved out three miles to
establish a new transition and buffer zone. He added that Chapel Hill
has had to inherit, over the years, the mistakes made by others in areas
which were beyond Chapel Hill 's jurisdiction and later annexed.
Commissioner Carey emphasized that the desires of the people
of Chapel Hill have been considered in the Joint Planning land use plan
and subsequent procedures. At the time Chapel Hill annexed those areas
they will, at that time, have exclusive jurisdiction over those areas.
Chair Willhoit gave background information on the Joint
Planning effort which has lead to the cooperative spirit that now
prevails. The Joint Planning Agreement proposes that the urban
standards developed by the Town and jointly adopted would be imposed in
the area called the transition area which may eventually become part of
the town. At the present time there are four (4) different proposals on
where the line may be. The rural buffer would be an area which would
not be destined to become part of the Town and therefore under the
County's regulation. Willhoit further agreed that the Joint Planning
process does need to be simplified and eventually will need to involve
Durham County, Durham City and Chatham County to work out a plan to
solve jurisdictional disputes.
Commissioner Marshall concurred with the statements made by
Chair Willhoit and Commissioner Carey. She commented on the statement
made by Mayor Wallace about the disinfranchisement of several thousand
people and emphasized it would be a specious argument. It is important
to get people informed and involved early about what the County is
doing. There has never been any argument that the land must be prepared
for municipal annexation. The people who live in the area involved
should be a part of the process and represented. She questioned the
size and jurisdictional makeup of the Chapel Hill Township Advisory
Council and suggested that perhaps it may be necessary to have three
Chapel Hill township advisory councils to represent the north, south and
Carrboro areas. 3
Mayor Wallace indicated that no one has been disinfranchiced
because of the benefits that citizens have received from Chapel Hill. He
asked that the Board of Commissioners give Chapel Hill a favor by
granting this request.
Commissioner Marshall referred to the General Statutes 153A
and noted that this chapter has changed the relationship between
municipalities and Counties greatly and only allows the County not to
grant extraterritorial jurisdiction in accordance with the reasons as
stated in that Statute.
Commissioner Carey assured Mayor Wallace that whatever
decision the Board makes will not be made lightly. He encouraged the
Board to make a decision tonight so that the procedures for Joint
Planning can proceed without delay.
Commissioner Lloyd stated that the Board has put long hours
into Joint Planning which he supports. He expressed surprise at the
request from Chapel Hill since it was his understanding that they
supported Joint Planning. He objected to the item being placed on the
agenda for decision without further discussion. While he does not
support the request for three miles he would like further discussion on
the item.
Commissioner Walker commented that the Joint Planning would be
more desirable in the area now proposed but that apparently, as
indicated in the resolution, Mayor Wallace and the entire Town Council
desires something other than Joint Planning. He expressed a need for
further details from Chapel Hill and discussion between the Board
members before a decision is made.
Chair Willhoit asked that if the item is tabled that the
motion to table outline the additional information or process needed so
that a decision may be made in the near future.
Commissioner Marshall pointed out that if the rural buffer is
not going to be maintained between Hillsborough and Chapel Hill that any
process would need to involve the Town of Hillsborough and Durham City
for maximum effectiveness.
Chair Willhoit pointed out that after the Joint Planning
Agreement is finalized that the growth areas will be reviewed and
adjustments, if necessary, made in the extraterritorial jurisdiction.
Any discussion on moving the line would be at the completion of the
development and adoption of the land use plan.
Chair Willhoit suggested that the Joint Planning process be
continued and that further discussion on the review of the
extraterritorial line take place when the County is further along with
the land use plan and adoption of the land use plan.
Motion was made by Commissioner Lloyd, seconded by
Commissioner Walker to table any action on the request from Chapel Hill
and to establish', some dialogue with the Town Board and Mayor of Chapel
Hill to clarify the request and reach an acceptable decision.
VOTE: AYES, 4; NOES, 1 (Chair Willhoit) .
Commissioner Lloyd pledged his continued support of Joint
Planning.
Adriano Marcuz, resident of the rural area on the north side
of Chapel Hill, stated in response to the proposal that he would like to
see the joint effort continued and sees no gain for Chapel Hill from
this proposal.
Scott McClintock, resident in the three mile area under
consideration, asked Mayor Wallace to expand on what would be done with
the area. Mayor Wallace noted that the Town would gain control o4
f
development and prevent the kind of bad development decisions that have
been made around Chapel Hill by adjoining jurisdictions. In answer to a
question about taxes, Wallace indicated taxes would not increase until
the property is annexed and that water and sewer services would be
provided before annexation. He pointed out that this request is not a
prelude to annexation.
McClintock complimented the Planning Board and staff of Orange
County for their guidance on a subdivision project he is involved with
and questioned the standards of Chapel Hill.
Mayor Wallace explained that the Town standards are to be
adopted by the County for those areas that may be annexed in the future.
This is the reason for his suggestion of a joint planning board to make
recommendations to the Town Council and Board of Commissioners.
McClintock commented that he can only vote and voice his
opinions to the Board of Commissioners and would not be able to do so if
the proposal was granted.
D. APPOINTMENTS
TELEPHONE TASK FORCE-EXTENDED AREA SERVICE
Motion was made by Commissioner Marshall, seconded by
Commissioner Carey to appoint Frank Bailinson, Elton Casey, David
Desautels, David Garrison, Bluma Gitelson, Elwood Harris, Cynthia
Hermans, Brian F. Jacobs, Brad Johnson, Everett H. Kennedy, Alice E.
Lewis, Ellen M. McLamb, Clarie Millar, Frank Plichta, Charles H. Rivers,
Harry Robinson, Betty Sue Slaughter, and Leonard Van Ness to the
telephone task force for extended area service.
VOTE: UNANIMOUS.
TELEPHONE TASK FORCE-TECHNICAL REVIEW
Motion was made by Commissioner Carey, seconded by
Commissioner Marshall to appoint Mitchell Cotter, Daryl Dunlap, Richard
A. Heiwig, Brian F. Jacobs, Brad Johnson, Harry Franklin Robinson,
Melissa Thomas, Thomas K. Tiemann and Andy Turudic to the Technical
Review Task Force.
VOTE: UNANIMOUS.
It was the consensus of the Board to contact Ellen M. McLamb
and Richard A. Helwig to chair the task force on which they were
appointed.
E. REPORTS
1. ECONOMIC DEVELOPMENT COMMISSION (Complete narrative is in the
permanent agenda file in the Clerk's office) .
John Gastineau, Chair of the Economic Development Commission,
reported on the highlights of the second annual report. He noted that
contacts have been made with the Department of Commerce and neighboring
counties. In looking at the future, the Commission is very positive. A
brochure has been prepared and a large list of contacts is available. As
1-40 is nearer completion, the number of inquiries has increased. He
thanked the Planning Department for their support in the Commission's
efforts and the Board of Commissioners for their assistance.
2. COMMISSION FOR WOMEN-EMPLOYMENT TASK FORCE REPORT (Complete
narrative is in the permanent agenda file in the Clerk's office) .
Judy Eastman, Chair of the Commission for Women, presented an
overview of the report entitled "Fringe Benefits Available to Employees
Working in Orange County". The report was an effort to find out what
benefits are needed so that women could become more independent. Thi5
s
study evaluated how the fringe benefits of today meet the needs of
today.
Verla Insko listed the five recommendations:
(1) A copy of the report with a covering letter should be sent
to the 220 originally surveyed Orange County employers and to other
county employers who could use the report to evaluate their own employee
benefit package. Employers should be urged to (1.) consider a cafeteria-
style approach and (2) survey their employees if necessary to obtain
information on which benefits are needed but not offered.
(2) A copy of this report should be sent to the North
Carolina Legislative Study Commission reviewing cafeteria style benefits
for state employees.
(3) Employees of Orange County government should be surveyed
to determine the need for additional benefits and the feasibility of a
cafeteria-style approach.
(4) The Orange County Board of Commissioners should form an
intergovernmental task force charged to determine, through a survey or
other appropriate means, the need for cafeteria style benefit plans.
(5) The Commission for Women and the Orange County Board of
Commissioners, at an appropriate time, should sponsor for the public and
private sector a forum on the cafeteria-style fringe benefit concept.
Motion was made by Commissioner Marshall, seconded by
Commissioner Carey to adopt the report requesting that the Commission
for Women address the first two recommendations as soon as possible,
address recommendation three during the 1986-87 Fiscal Year and look at
the possibility of including the forum in their budget for 86-87 and
that recommendation five not be addressed until the forum is completed.
VOTE: UNANIMOUS.
A discussion was held on recommendation four and five and it
was decided that Verla Insko and the County Manager would bring back to
the Board for further consideration a charge for the task force for
further consideration.
F. ITEMS FOR DECISION-CONSENT AGENDA
The County Manager recommended the following action by the Board:
1. ABANDONMENT OF SR 1547 - BRADSHER ROAD
To approve a petition for abandonment of . 14 miles of SR1547
Bradsher Road and forward to NCDOT.
2 . ANNUAL NCDOT CONSTRUCTION STATEMENT 1985
To accept the status report on the 1985 Secondary Road
Construction projects which indicates the nature of the improvements,
stage of completion and funds expended for each project.
3. ADDITION TO SECONDARY ROAD SYSTEM
To receive and approve a secondary road addition petition for
Maple Avenue serving the Lucius M. Cheshire subdivision and forward
recommendation to NCDOT.
4. RESCHEDULING PUBLIC HEARING FOR CLOSURE OF A PORTION OF OLD
CEDAR GROVE ROAD
To reschedule the public hearing date to receive public
comment on the closure of a portion of Old Cedar Grove Road to February
18, 1986.
5. RAILROAD EQUALIZATION SUIT 6
To approve not intervening in the Railroad Equalization Suit
for 1984 and 1985.
6. WASTEWATER COLLECTION AND PURCHASE CONTRACT AMENDMENT
To postpone this item until a later meeting.
7. BUDGET AMENDMENT
To approve amending the 1985-86 Budget Ordinance to
appropriate funds from the Commissioners' Contingency to the
Commissioners' account for payment of a special assessment that will be
used in an effort to save the Federal General Revenue Sharing Program.
8. RIGHT OF WAY ENCROACHMENT AGREEMENT WITH THE DEPARTMENT OF
TRANSPORTATION
To approve the right-of-way encroachment agreement for the
Efland-Cheeks Township sanitary sewer facilities with the Department of
Transportation and authorize the Chair to sign.
9. REQUEST FOR TEMPORARY SOCIAL WORKER I POSITION
To approve a temporary full-time Social Worker I position
effective February 1 thru June 30, 1986.
Motion was made by Commissioner Lloyd, seconded by
Commissioner Marshall that the forgoing action be taken by the Board.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION
10. P & S SPORTING GOODS, INC. (A copy of the legal opinion from
Attorney Geoffrey Gledhill is in the permanent agenda file) .
Attorney Geoff Gledhill summarized the main points in his
letter to the Commissioners. He listed four recommendations for
consideration by the Board:
(1) Consider the zoning change application without regard to
the intended use of the applicant.
(2) Consider the zoning change application in the context of
there already being 8.5 acres of commercial property in
this activity node with the zoning ordinance permitting,
normally, a maximum of 10 acres.
(3) Direct the staff to correct the improper zoning
designations in this node and any other similar errors
that may exist throughout the County.
(4) Direct the staff to develop a new use which includes the
kind of business in question here and which has minimal
off-site impacts. This new use should preferably be a
special use with the application criteria focused on
buffers, screening, site plan review, traffic management
and the like. Included in this staff review should be a
recommendation concerning where this new use/special use
would be permitted. The kind of use in question
certainly is not a "Mom and Pop" operation. However, its
impacts on the neighborhood or area where it is located
are minimal because its activity is confined within a
structure with little comings and goings to and from that
structure. For these reasons this use may be one
permitted more pervasively than any other use that's not
locally focused. This should be addressed by the
7
planning department and the Planning Board.
Motion was made by Commissioner Carey, seconded by
Commissioner Marshall to adopt recommendations three and four and direct
the staff to correct the improper zoning designations as soon as
possible and develop a new use which includes the kind of business in
question which is referenced in recommendation four.
VOTE: UNANIMOUS.
Motion was made by Commissioner Carey, seconded by
Commissioner Marshall to deny the request to rezone because the request
exceeds the current maximum for commercial zoning permitted in a rural
neighborhood activity node.
VOTE: UNANIMOUS.
12 . WATER! AND SEWER GRANT FUNDS (SENATE BILL 2)
County Manager Kenneth Thompson summarized the plan for
distributing water funds which are received by the County. Board member
policy guidance has placed priority on utilizing the water funds to
increase the effectiveness of existing raw water supplies through
facility improvements. These have been identified by Hazen and Sawyer
and discussions have been held with each water provider and affected
citizens within the vicinity of Lake Orange. A resolution must be
submitted to the State by April 1, 1986 which includes a description of
each project, project cost, the funding source and certification that
the town/county will be able to fund the local share. Approval of the
list of proposed projects and source of funds would permit the County to
meet with each water provider to finalize the projects and associated
costs.
Commissioner Marshall indicated for the record that any
projects for Lake Orange must have written documentation from the
surrounding property owners which states their willingness and
understanding of the improvements.
Motion was made by Commissioner Carey, seconded by
Commissioner Lloyd to adopt the schedule of proposed projects in
principle.
VOTE: UNANIMOUS.
Ken Thompson pointed out that one and two foot measurements
would be put around Lake Orange so the property owners could assess the
effects on their property.
Discussion ensued between Lake Orange residents and the Board.
The main concern of the citizens is the encroachment on their property.
Chair Willhoit explained that if the lake is raised one foot to the 61
foot level, the four foot easement would be sufficient to handle the 50
year flood. The flags will be placed at the 616 level so the residents
and County could see the effects.
13. CHARGE TO TELEPHONE STUDY TASK FORCE (A complete narrative is
in the permanent agenda file in the Clerk's office)
It was the consensus of the Board to use the charge as written
as a general guide for the two telephone task forces with the latitude
to change as necessary.
ADJOURNMENT
Chair Willhoit adjourned the meeting. The next regular
meeting will be held on February 3, 1986 at 7:30 in the Commissioners'
Room, Orange County Courthouse, Hillsborough, North Carolina.
Don Willhoit, Chair
Beverly A. Blythe, Clerk
T
001
ORANGE COUNTY Action Agenda
BOARD OF COMMISSIONERS Item No. 0
ACTION AGENDA ITEM ABSTRACT
MEETING DATE 1/21/86
Subject: H NU
1 Department: BOARD OF COMMISSIONERS Public Hearing: Yes % no
Attachments: Contact: Beverly A. Blythe ms
Under .Separate Cover
Phone Numbers: 732-8181, 9.68--4501,
4 227-0231 ,
PURPOSE: To correct and/or approve the minutes as submitted for consideration:
December 3, 1985 - Joint Planning Area PH
December 17, 1985 - Regular Meeting
January 6, 1986 - Regular Meeting
NEED: Approval so the minutes may be entered into the official minute book in.
the Clerk's office.
RECOMMENDATION:
As the Board decides.
•
002
ORANGE COUNTY Action Agenda
BOARD OF COMMISSIONERS Item No. 4
ACTION AGENDA ITEM ABSTRACT
MEETING DATE 1-21-86
Subject: APPOINTMENTS
IDepartment: BOARD OF COMMISSIONERS 1 1 Public Hearing: Yes I no
Attachments: Information Contact: Beverly A. Blythe
Under Separate Cover
Phone Numbers: 732-8181, 968-4501,
227-0231
PURPOSE: To matntkin membership at effective levels on Commissioners' appointed Boards.
The following vacancies are announced for the first time for information
only:
C-8 ORANGE COUNTY PLANNING BOARD - 4 vacancies; expiration of terms for
Carl Walters, Alice Gordon, Frank Pearson and Sharlene Pilkey.
The following vacancies are announced together with the indication of the
status of securing candidates for possible appointment consideration.
These vacancies have been duly advertised:
B-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy. No nominations
have been received.
8-16 - TELEPHONE TASK FORCE - EXTENDED AREA SERVICE - 16 applications=have
been received.
B-17' - TELEPHONE TASK FORCE -- TECHNICAL REVIEW - 9 applications have been
received.
RECOMMENDATION:
As the Board decides.
BOARD OF COMYIISSIONEPS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO: El.
MEETING DATE January 21, 1986
003
SUBJECT: Annual Report , 1984-85 , Orange County Economic Development Commission
DEPARTMENT: Econ. Development ( PUBLIC HEARING: YES NO
l 1
ATTACHMENT(S): INFORnATIOU CONTACT:
Sylvia Price
Copy of report PHONE NUMBERS: HILLSBOROUGH - 732-8181
sent previously HILLSBOROUGH - 732-9361
CHAPEL HILL - 967-9251
MEBANE 22.7-2.031 -
DURHAM -- 688-7331
PURPOSE: To present the Annual Report , 1984-85 , of the Orange
County Economic Development Commission.
NEED:
IMPACT:
RECO;:ENDATION(S)
BOARD OF COMMISSIONERS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO.E a
MEETING DATE January 21, 1986
004
SUBJECT: Commission for Women--Employment Task Force Report
DEPARTMENT: Commission for Women PUBLIC HEARING:
YES rlx
•
ATTACHMENT(S) : INFORMATION CONTACT: O I
nsko ~'
Employment Task Force Report PHONE NUMBERS: HILLSBOROUGH - 732-8181 -
HILLSBOROUGH - 732-9361
(Under Separate Cover) CHAPEL HILL - 967-9251
MEBANE - 227-2031 •
DURHAM - 688-7331
PURPOSE:
A representative of the Commission will be present to highlight
contents of the report.,
NEED:
IMPACT:
RECOMMENDATION(S) :
•
005
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Data JANUARY 21 ,. 1986
Acti on.Agenda
Item••
SUBJECT: ABANDONMENT OF SR 1547 — BRADSHER ROAD
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact : SUSAN SMITH
PETITION FOR ABANDONMENT
VICINITY MAP
Telephone Numbers
Hillsborough -- 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hill — 968-4501
PURPOSE: To receive a petition for abandonment of .14 miles of SR15 '7
Bradsher Road forwarded by NCDOT to the Board f. r
recommendation .
•
To forward a recommendation on the petition for abandonment .
NEED: NDOT has forwarded a petition for abandonment of a portion of
SR1547 Bradsher Road received from Nancy Worley, owner of
property on which the state maintained road terminates . The
petition for abandonment would affect .14 miles (739 centerline
feet) of Bradsher Road . NC DOT currently maintains .5 miles of
Bradsher Road.
IMPACT: Abandonment of the road would place the portion of the existing
gravel road serving Lots 31A and 31E into private road status
subject to maintenance by the property owners . Ms . Worley an.
her mother are the current respective property owners of the
referenced properties .
If abandonment is approved future extension of the remainin,
state—maintained portion to serve these or other interior
properties would require negotiation with owners of th =
affected properties at the time of extension .
G.S . 136 .63 provides that upon receipt of the request from th =
Board of Commissioners , the Board of Transportation shall mak
an inquiry into the request and , if in its opinion publi
interest demands it , shall make the abandonment .
RECOMMENDATION : Forward a recommendation for abandonment .
00€
ABANDONMENT OF SR 1547 — BRADSHER ROAD
BOARD OF COMMISSIONERS
JANUARY 21 , 1986
CEDAR GROVE
TAX MAP 34 LOT 31 John Tzayeras 12.42 Acres
Mabel L. Biggs E. Al. 32.69 Acres
LOT 31A Betty S . Worley 29 .98 Acres
LOT 31B Howard A . Olson 10.01 Acres
LOT 31E Nancy Worley 10 .01 Acres
LOT 32 Earle B . Bradsher Sr. 192.6 Acres
LOT 38 James H . & Esqurido Braddy 21 .39 Acres
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-.IV REVD DEC16 19
g.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Graham, NC 27253-0766
JAMES G. MARTIN
GOVERNOR December 13, 1985
DIVISION OF.HIGHWAYS
JAMES E. HARRINGTON
SECRETARY
Orange County
Mr. Kenneth R. Thompson, County Manager
Orange County
106 East Margaret Lane
Hillsborough, NC 27278
Subject: Petition for Abandonment - SR 1547,
Bradsher Road
Dear Mr. Thompson:
Attached is Form SR-5, Secondary Road Abandonment In-
vestigation Report, for SR 1547, Bradsher Road.
This is being forwarded to you for review by your
Board of Commissioners.
Yours very truly,
S. Jones
DISTRICR ENGINEER
/jbh
Atta.
cc: Mr. J. W. Watkins
An Equal Opportunity/Affirmative Action Employer
009
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD ABANDONMENT INVESTIGATION REPORT
County Granite Co. File No. Date
Township Cedar Grove Div. File No.
SR No. & Local Name If Any SR 1547, Bradsher Road (Part)
Length 0.14 (725' Width 24' D. to D. Type E Condition Good
Number of homes having entrances into road one (1)
Other uses having entrances into road None
Is the road a school bus route? No
Average Daily Traffic Count (estimated) six (6)
Date of last State maintenance performed June, 1985
Is the road a mail route? No
Is a petition for this request attached? Yes
Is the County Commissioners ' Approval attached?
If not, give reason
Additional information applicable 0.14 mile to be abandoned. 0.36 mile to remain
oq System_
Submitted by J ; Reviewed and approved by J. W. Watkins
DISTRICT ENVEER DIVISION ENGINEER
Reviewed and approved
Board of Transportation Member
(Do not write in this space -
--. L; For use of Secondary Roads Department)
1
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010
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date JANUARY 21 , 1986
Action nda
Item
SUBJECT: ANNUAL NCDOT CONSTRUCTION STATEMENT 1985
DEPARTMENT : PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact : SUSAN SMITH
1985 STATEMENT
Telephone Numbers
Hillsborough — 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hill — 968-4501
PURPOSE: To receive information on the 1985 Secondary Road Construction
Season .
NEED: G.S . 136-44.9 requires NCDOT to provide the Board • f
Commissioners with a status report on secondary ro = d
construction projects during the calendar year, including t e
nature of the improvements, stage of completion and fun s
expended for each project .
IMPACT: The information presented will inform the Board of projects
completed , in progress, and yet to be initiated . Projects
listed include projects initiated under the 1984-85 Seconda y
Roads Improvements Program and completed during 1985 a d
projects approved under the 1985-86 Secondary Roa . s
Improvements program . Construction on the followi g
Participatory Paving Program projects Listed in the 1985—:6
Program has not begun and the projects are not referenced •n
the annual statement because County procedures have not y=t
been initiated .
1794 Timberly Road
1881 Moriah Hill Road
1195 Meadow Lane
1194 Rollingwood Road
1198 Stallings Road
RECOMMENDATION:
Accept the status report and advise staff of any comment it wishes to
make on the report.
......... .
w ~
011
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES G.MARTIN Greensboro, NC 27429-02.78
GOVERNOR
December 5, 1985 DIVISION OF.HIGHWAYS
JAMES E. HARRINGTON
SECRETARY
Mr. Donald 'Willhoit, Chairman
Orange County Commissioners
203 Lexington Road
Chapel Hill, NC 27514
Dear Mr. Wilihoit:
In accordance with G.S. 136-44.9, I am attaching the annual
statement for the 1985 Secondary Road Construction Season.
If you have any questions concerning this statement,
please advise.
Sincerely,
J. W. Watkins
DIVISION ENGINEER.
JWW:mdj
Atta.
cc: Mr. W. B. Buchanan, Jr.
Mr. Ronald Barbee
Mr. Jack Murdock
Mr. S. H. Jones
Mr. Kenneth R. Thompson
An Equal Opportunity/Affirmative Action Employer
ORANGE COUNTY
SECONDARY ROAD PLAN a
SR Amount. Current Amount Expended Fiscal Year
No. Description Approved Status To Date Program
2013 System Roads in Rangewood Subdivision $ 49,974.00* Work Complete $ 73,573.35 1984-1985
2014 Base and Pave 22,026.00**
2015
2016
2017 t
1733 Weaver Dairy Road - from NC 86 to SR 1734 1200000.00 Work Complete 124,827.91 1984-1985
Widen Four (4) Feet and Resurface
Spot Stabilization of Unpaved Roads 76,500.00 Work Complete 77,296.41 1984-1985
1306 East Lebanon Road - from SR 1338 to a Dead End 100,000.00 Work Complete 97,945.39 1984-1985
Grade, Drain, and Pave
1127 Borland Road - from SR 1102 to SR 1113 300,000.00 Work in Progress 69,206.53 1985-1986
Grade, Drain, and Pave
i
1882 System Streets in Joppa Oaks 64,740.00* Work Complete 107,779.60 1984-1985
1883 Base and Pave 30,260.00**
1893
1894
Driveway Eno Fire Department 5,000.00 Work Complete 5, 106.50 1984-1985
r
1803 Wilkins Drive from SR 1718 to SR 1824 17,960.00* Work Complete 42,468.72 1985-1986 ,
Base and Pave 70040.00**
i
j 1617 Saddle Drive from Durham County Line to a Dead End 11,250.00* No Work Started 0.00 1985-1986 i
Base and Pave 4,500.00**
1918 Clearwater Lake Road from End of Pavement to Chatham 41, 170.00* Work in Progress 38,612.65 1985-1986
County Line - Base and Pave 8,830.00**
1590 Brigadoon Drive from SR 1566 to a Dead End 39,700.00* Work Complete 60, 108.58 1985-1986
Base and Pave : 15,800.00**
O
. I-r
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-2-
ORANGE COUNTY O
SECONDARY ROAD PLAN W
SR Amount Current Amount Expended Fiscal Year
No. Description Approved Status To Date Program
2042 Streets in P%neview Subdivision $ 16,000.00* No Work Started $ 0.00 1985-1986
2043 Base and Pave 60280.00**
1395 Harper Street from Dixie Avenue North 11,500.00* No Work Started 0.00 1985-1986
j Base and Pave 4,620.00**
1009 Old 86 from New Hope Creek South 120,000.00 No Work Started 0.00 1985-1956
1538 New Sharon Church Road from SR 1538 to NC 57 86,000.00 No Work Started 0.00 1985-1966
(Partial Funding)
*State portion of participating paving projects.
**Property owners portion of participating paving projects.
i
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614
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date JANUARY 21 . 1986
Action erda
SUBJECT: ADDITION TO SECONDARY ROAD SYSTEM Item
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact : SUSAN SMITH
12-10-85 LETTER FROM NC DOT
SECONDARY ROAD ADDITION INVESTIGATION REPORT
Telephone Numbers
Hillsborough — 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hill — 968-4501
PURPOSE: To receive a secondary road addition petition for Maple Avenue
serving the Lucius M . Cheshire subdivision.
To forward a recommendation on addition of the road to the
state-maintained secondary road system to NC DOT.
NEED: Property owners along road have petitioned for addition of the
road to the state secondary road system . NCDOT has recommended
addition .
IMPACT: Addition of the road will place it under the state secondary
road maintenance program .
RECOMMENDATION: Forward recommendation for addition to NCDOT .
015 REC'D DEC 11
19$.
OH L.,-
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Graham, NC 27253-0766
JAMES G. MARTIN
GOVERNOR December 10 , 1985
DIVISION OF HIGHWAYS
JAMES E. HARRINGTON
SECRETARY
Orange County
Mr. Kenneth R. Thompson, County Manager
Orange County
106 East Margaret Lane
Hillsborough, NC 27278
Subject: Petition for Addition - Maple Avenue in the
Lucius M. Cheshire Property
Dear Mr. Thompson:
Attached is 11orm SR-4, Secondary Road Addition In-
vestigation Report, for Maple Avenue in the Lucius Cheshire
Property.
This is being forwarded to you for review by your
Board of Commissioners.
Yours very truly,
S. H. Jones
DISTRICT ENGINEER
/jbls
Atta.
cc: Mr. J. W. Watkins
An Equal Opportunity/Affirmative Action Employer
0 1C
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
SECONDARY ROAD ADDITION INVESTIGATION REPORT
County fran$a Co. File No. Date
Township s}laakg Div. File No.
Local Name Maple Avenue Subdivision NameLuc$ M. Chesbire
Property
Length 0.44 Width40' D. to D. Type - E Condition Good
Is this a subdivision street subject to the construction requirements for such
streets? yes Recorded 09-30-75 Book 24 Page 151
Is this a subdivision street subject to participation paving? Yes
Number of homes having entrances into road 13
Other uses having entrances into road None
Does right-of-way obtained meet present Division of Highways requirement? Dedi€-. i-pd
If not, why?
Is petition (SR-1) attached? Yes
Is the County Commissioners' Approval (SR-2) attached?
If not, why?
Does the road meet present minimum Division of Highways construction requirements?
Yes
If not, state what is needed to place the road in an acceptable maintenance
condition under Remarks and Recommendations.
Is a map attached indicating information for reference in locating road by the
Planning Department? Yes
Cost to place in acceptable maintenance condition: Total Cost $ 0.oQ
Grade, drain, stabilize $ , Drainage $ , Other $
Remarks and Recommendations Meets minimum, requirements. Recommend addition_
Reviewed and approved
Board of Transportation Member
Reviewed and approved J. W. Watkins
S. H. Jonms . 71�
DIVISION ENGINEER DISTRICT ENGINES
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O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date JANUARY 21 . 1966
Actiongenda
Item Aril
SUBJECT: RESCHEDULING OF THE PUBLIC HEARING ON A ROAD CLOSURE
DEPARTMENT: PLANNING — — PUBLIC HEARING Yes X No
Attachment (s) Information Contact : SUSAN SMITH
NONE
Telephone Numbers
Hillsborough — 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hill — 988-4501
PURPOSE: To reschedule the public hearing date set by the Board of
Commissioners at the December 17 , 1985 meeting for February 3 ,
1986 to February 18 , 1986 .
The purpose of the public hearing is to receive public comment
on the proposed closure of a portion of Old Cedar Grove Road .
NEED: Additional time is needed to publicize the public hearing and
for the applicant to prepare the necessary legal documents for
closure .
IMPACT: Delay of the scheduled public hearing for two weeks .
RECOMMENDATION : Reset the public hearing for February 18, 1986 .
018
ORADEE COUNTY
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. 175
Meeting Date: JANUARY 21. 1986
SUBJECT: RAILROAD EQUALIZATION SUIT
DEPARTMENT: TAX SUPERVISOR PUBLIC HEARING: Yes _X__No
ATTACHMENT(S) : INFORMATION CONTACT: HERMIT LLOYD
TELEPHONE NUMBER:
MEMO FROM D. R. HOLBROOK Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider whether Orange County desires to become a part of
The Railroad Equalization Suit for 1984 and 1985.
NEED: Motion must be filed by April 1, 1986 in order to intervene in
this suit.
IMPACT: The railroad companies have been fair in their ratios esta-
blished for Orange County for 1984 and 1985 with the 1984 ratio
being 84.41% and the 1985 ratio being 81.50%. It is the view of
the Tax Supervisor that the County would not gain anything by
becoming part of the case.
RECOMMENDATION(S) :
Decide not to intervene in the suit.
dw SNreq
019 '
�rf
JAMES G.MARTIN •���
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF REVENUE
P.O.BOX 25000
HELEN a
POWERS RALEIGH.N.C.27640
SECRETARY
January 9, 1986
MEMORANDUM
TO; Tax Supervisors
FROM: D. R. Holbrook, Director Ag4, qq ,
Ad Valorem Tax Division
SUBJECT; 1984-1985 Railroad Equalization Suit
•
The railroad companies operating in North Carolina have recently filed an equalization
suit in the U.S. District Court in Raleigh for 1984 and 1985. As in the suits
filed for 1980, 1981 and 1982/83, the railroads are seeking reductions in our
allocations of their property to the named counties based solely on the level
of assessment of real estate. The 1984 ratios used by the railroads in the
suit are taken from the sales ratio studies we conducted for the Tax Study
Committee for 1984. Except for four counties, the 1985 ratios are the 1984
figures adjusted for the 3.57% increase in the cost of living index for 1984.
The 1985 ratios for the other four counties will be determined by sales ratio
studies.
The Department of Revenue does not intend to object to the use of these ratios
for establishing the level of assessment of real estate; however, no county
is required to accept these figures. Any county may challenge the real estate
figures by intervening in the suit. The ratios for your county are set forth
later in this letter. If you would like to discuss the matter before deciding
whether to intervene, you may call Bob Underhill, Johnny Bailey or me.
Even if you do accept the figures for real estate, you may still contest the
reduction requested on the grounds that the complaint fails to give any consideration
to personal property. You will also need to intervene in the suit to pursue
this argument. The personal property issue is involved in the 1981 suit which
is now being considered by the Fourth Circuit Court of Appeals in Richmond.
A decision is expected in that case within the next sixty days, and that should
give us some guidance in dealing with the personal property question in the
suits for 1982/83 and 1984/85.
(Over)
An Equal Opportunity/Affirmative Action Employer
•
02C
IMPORTANT: Your county may intervene in this suit on one or both of the following
grounds.
(1) The real estate ratio claimed by the railroads is lower than the
actual level of assessment of commercial and industrial real estate
in your county, or
(2) The complaint fails to give consideration to personal property.
In order to intervene in the suit, you must file a motion to intervene not
later than April 1, 1986. If no motion is filed by that date, the relief requested
by the railroads will be granted.
The real estate ratios listed for your county are as follows:
1984 84.41 1985 81.50 ORANGE COUNTY
We are enclosing copies of this memorandum for your county manager and county
attorney. After you have had a chance to review the matter with them and
with your Board, I will appreciate your letting us know what course of action
your county will take. Please indicate in the boxes below the position of
your county with respect to the following.
(1) Do you intend to intervene in the 1984/85 case?
[] Yes [I No
(2) If the answer to question #1 is yes, do you accept the real estate
ratio listed above?
(I Yes [) No
If you have any questions regarding this matter or would like to discuss it
with us before making a decision, please give us a call at 919-733-7711.
DRH:ml
ORAL COUNTY 021
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. F6
Meeting Date: JANUARY 21, 1986
SUBJECT: WASTEWATER COLLECTION AND PURCHASE CONTRACT AMENDMENT
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: des X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE. X501
TEL NUMBER:
YES Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To add two items to the wastewater collection and purchase
contract with the Town of Hillsborough.
NEED: Farmers Home Administration in completing the final review
concluded that the contract is acceptable. subject to adding two
items:
1. Contract needs minimum term of forty years to coincide with
the duration of the farmers home loan.
2. Designate who is to be responsible for maintenance of the
master meter.
IMPACT: The contract will need amending as follows:
Number 6. would be changed to read:
The County shall install and maintain a meter as shall be set
forth in the plans and specifications of project at the point
where the County's force main changes to a gravity line at
Orange Heights Road. The meter will measure the flow of
wastewater from the County's system into the Town's system.
Number 12. (new paragraph)
The Town of Hillsborough is willing to make its wastewater
collection system and wastewater treatment facility available to
treat wastewater generated by County's wastewater collection
system for a period of 40 years.
RECOMMENDATION(S):
Approve the two changes and transmit to Hillsborough for its
approval.
022 WASTEWATER COLLECTION ADD PURCHASE CONTRACT
This Contract for the Sale and Purchase of Wastewater Collection and
Treatment Services is entered into as of the day of
19 , between the TOWN OF HILLSBOROUGH. W1FH CAROLINA hereinafter referred
to as the "TOWN" and ORANGE COUNTY, NORTH CAROLINA hereinafter
referred to as the "COUNTY";
WHEREAS, it is the intent of the County to construct a wastewater
collection system to serve an area of Cheeks Township, Orange County, North
Carolina to address health problems related to the failure of septic tanks and
other individual and package subsurface sewage treatment systems; and
WHEREAS, the County neither owns nor operates a wastewater treatment
facility; and
WHEREAS, the Town operates a wastewater collection system and wastewater
treatment facility with the capacity to receive and treat wastewater generated
by the wastewater collection system proposed to serve an area of Cheeks
Township; and
WHEREAS, the Town is willing to make its wastewater collection system and
wastewater treatment facility available to receive and treat wastewater
generated by the County's wastewater collection system. but only upon the
conditions and subject to the limits hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing and the mutual
agreements hereinafter set forth, it is agreed as follows:
1. The Town agrees to allow the County. at County expense, to tie its
wastewater collection system to the Town's wastewater collection system at a
point on Lake Shore Drive as set forth in the Engineer's Revised Preliminary
Report. Such connection shall be made in strict accordance with the plans and
specifications that will be developed from the Revised Preliminary Report and
only after such plans and specifications have been approved in advance in
writing by the Town Engineer and Town Superintendent of Utilities in order to
02;!
insure its compatibility with the Town's wastewater collection and treatment
facilities and policies.
2. The County agrees to pay the Town 515.000.00 as a blanket
availability (tap) fee for the privilege of connecting the Efland-Cheeks
Elementary School wastewater facility and the County's initial 212 customers to
the Town's system. The customer list and map will be provided to the Town not
later than the 1st day of July. 1985. Five thousand dollars of the $15.000 is
for the availability associated with the Efland Cheeks Elementary School. The
above $15.000 availability fee shall be paid before any wastewater is permitted
to flow through the meter.
3. The Town agrees to treat. at the rates herein prescribed. up to
55.000 gallons of the County system's wastewater per day, which is the
equivalent of the wastewater generated by said school and the initial 212
customers of the County's wastewater collection system. and to treat up to an
additional 325.000 gallons per day for additional customers in the future.
4. No customer shall be allowed to connect to the County system unless
and until such customer's proposed discharge has been found acceptable by both
the Town Water Superintendent and County. Approval shall be predicated on (1)
the quality of the effluent of the potential user being compatible with the
Town's NPDES discharge permit. (2) compliance with the Town's ordinance. rules.
and regulations concerning pretreatment of industrial wastewater. and (3) all
County (subdivision. zoning. erosion. building. etc.) and State (DOT. etc.)
permits having been properly granted. Under no circumstances will the County
permit the discharge of septic sewage into its system.
5. After the first 212 customers above specified, each additional
approved customer shall pay a $400 Town availability fee. Customers other than
those initially connected from among those initially applying for connection
shall pay a $600 County availability fee. After the initial 212 customers the
County and Town reserve the right to raise the amount of the availability fee
to whatever is the prevailing rate. Both County and Town availability fees
024
shall be collected by the County with the Town portion remitted to the Town as
collected.
6. The County shall install a meter as shall be set forth in the plans
and specifications of project at the point where the County's forcemain changes
to a gravity line at Orange Heights Road. The meter will measure the flow of
wastewater from the County's system into the Town's system.
7. The County agrees to pay the Town each month the sum of $1.11 per
thousand gallons of wastewater passing through said meter.
8. The Town reserves the right to adjust the rate per 1,000 gallons
charged to the County whenever the Town adjusts its rates charged to its other
customers.
9. The wastewater collection system constructed by the County shall be
the property of the County. The Town shall have the right to run parallel
sewage transmission lines east of the Eno River and to connect its sewage
collection lines into the gravity portion of the County sewage transmission
lines. It shall be the responsibility of the County to maintain its wastewater
collection and transport system and perform all customer billing and
collections. This does not preclude the County from contracting maintenance
and/or billing functions.
10. Any failure of the Town's wastewater collection system or wastewater
treatment facility which impedes the flow of wastewater from the County's
wastewater collection system shall be remedied by the Town with all possible
dispatch. In the event of an extended period of malfunction of the Town's
wastewater collection system, the County's customers shall be required to
reduce their discharge only in the same ratio or proporation as that required
of the Town's other customers.
11. The construction of the wastewater collection and treatment system
by the County is being financed by a loan made, or insured by, and grant from
the United States Department of Agriculture. No provision set forth in this
Contract shall be binding upon either party unless and until all terms and
02,E
provisions hereof have been approved in writing by the N.C. State Director of
the Farmers Home Administration U.S.D.A.
IN WITNESS WHEREOF, the parties hereto. acting under authority of their
respective governing bodies. have caused this contract to be duly executed in
duplicate originals, a copy of which is retained by each party.
ATTEST:
CLERK, ORANGE COUNTY BOARD OF DON WILLHOIT. CHAIRMAN
COMMISSIONERS ORANGE COUNTY BOARD OF COMMISSIONERS
ATTEST:
CLERK, TOWN OF HILLSBOROUGH FRANC SHEFFIELD, MAYOR
TOWN OF HILLSBOROUGH
This contract is approved on behalf of the Farmer's Home Administration this
the day of , 19 .
BY:
TITLE: STATE DIRE
•
ORANGE tOUNTY O2 E.
BOARD. OF COMMISSIONERS ACTION AGEUDA
ACTION AGENDA ITEM ABSTRACT ITEM NO. F?
MEETING DATE January 21, 1986
•
SUBJECT: Budget Amendment -
•
DEPARTMENT: Finance I PUBLIC HEARING: . YES x NO
ATTACHMENT(S) : INFORMATION CONTACT: Donna Wagner
Proposed Budget Amendment PI-(ONE NUMBERS: HILLSBOROUGH -- 732-8181
•
: HILLSBOROUGH - 732-9361
• CHAPEL HILL - 967-9251
•
MEBA��E - 227-?_031
•
DURHAM - 688-7331
PURPOSE: Consideration of proposed budget amendment.
•
•
•
NEED: GENERAL FUND
To appropriate funds for payment of a special assessment that will be used
in an effort -to save the Federal General Revenue Sharing Program.
IMPACT: GENERAL FUND
This amendment will increase the Commissioners budget with a transfer from
the Contingency Account.
•
RECOMMENDATION(S): Approve motion to amend the 1985-86 Budget Ordinance.
02%
ORANGE COUNTY
PROPOSED
1985-86
BUDGET ORDINANCE AMENDMENT
The 1985-86 Budget Ordinance as adopted on July 3, 1985, and subsequently
amended, is hereby amended as follows:
BEFORE AFTER
AMENDMENT AMENDMENT AMENDMENT
GENERAL FUND
Appropriation:
Commissioners $141,196 $692 $141,888
Source:
Contingency $32,039 $692 $31,347
To budget for payment of NACo Special Assessment for continuation of the
General Revenue Sharing program.
Approved this 21st day of January, 1986.
GRANGE COUNTY 028
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item Nof$
Meeting Date: JANUARY 21, 1986
SUBJECT: RIGHT OF WAY ENCROACBMENT AGREEMENT WITH THE DEPARTMENT OF
TRANSPORTATION
DEPARTMENT: COUNTY MANGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE, X501
YES TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill -- 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider approving a right-of-way encroachment agreement for
the Efland-Cheeks Township sanitary sewer facilities.
NEED: Various lines of the sewer facility must be installed along
right of way of the Department of Transportation to serve pro-
perties and transmit effluent to the Town of Hillsborough's
sewer system.
IMPACT: Encroachment on a dedicated right of way saves time and cost in
the laying of pipeline for this sewer project.
RECOMATION(S)
Approve encroachment agreement with Department of Transportation
and authorize Chairman to sign.
•
02e,
EFIAND-CHEEKS TOWNSHIP STATE OF NORTH CAROLINA
ROUTE SEE PLANS PROJECT SANITARY SEWER FACILITIT,»UNTY OF ORAL
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
•
-AND- PRIMARY AND SECONDARY HIGHWAYS
County of Orange
JUa kart Margaret Lane
Hillsborough, N.C.. 27278
THIS AGREEMENT, made and entered into this the day of , 19
by and between the Department of Transportation, party of the first part; an
County of Orange party of the second part,
W I T N E S S E T H:
THAT WHEREAS, the party of the second part desires to encroach on the right of way
of the public road designated as Route see plans , located throughout of
Sfland and along Highway 70 to Hillsborough
•
with the construction and/or erection of Efland-Cheeks Township/Sanitary Sewer
Facilities
•
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and the party of the first part in the exercise of authority conferred
upon it by statute, is willing to permit the encroachment within the limits of the right
of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants. to the
party of the second part the right and privilege to make this encroachment as shown on
attached plan sheet (s), specifications and special provisions which are made a part
hereof upon the following conditions, to wit:
That the installation, operatics, and eainteeace•of the above described facility will he accomplished in ac-
cordance with the LITIiS ON HIGHWAY
Pouch of the first Part's latest ereto as AND beOin effect t0a�et i
I
ale-WAY, and such revisions and omettdmaste thereto as may be 1n•tt.ct at • t•of this agreement. In-
- tion a■to these policies and procedures may be obtained from the Division Engineer or State Utility Agent of
the party of the first part.
That the raid party of the second part blade and obligates himself to install end maintain the encroaching
facility in each safe and proper condition that it will not interfere with or endanger travel upon said highway, nor
obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first pert for the coat
incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and ex.
intense of the facilities of the party of the aeeend part, and if at any time the party of the firet part shall
regaire the removal of or changes in the location of the said facilities, that the said party of the e•cond part
btnda himself, his eucceseore and assigns, to promptly remove or alter the said facilities, in order to conform
to the maid requirement, without any cat to the party of the first part.
That the party of the ascend part agrees to provide during construction and any eubaequent maintonence proper
sign stigma light., fleece,. and other warning dovieee for the protection of traffic in conformance with the latest
Manual an Uniform Traffic Control Devisee for Streets and Highways and Amendments or Supplements thereto. Infor.
nation a. to the above rules and regulation may be obtained from the Division Engineer of the party of the first •
part. •
That the party of the second part hereby agree, to indemnify and save harmleee the party of the first part
free all damages and claims for damage that may arise by reason of the inet4tletien and maintenance of this en-
croachment.
•
That the party of the aacond part agrees to restore all areae dleturbed during installation and maintenance
to the satisfaction of the Division Engineer of the petty of the first part. The party of the second part agrees
to eserciee every reasonable precaution during conetruetian and maintenance to prevent eroding of coil; milting or
pollution of rivers, etreane, ln):,., reeervoire, other water impoundeente, ground surfaces or other property; or
pollution of the air. There shall he compliance with applicable rule. and regulations of the North Ctroline
Di..viaion of Environmental Nenager,ent, North Carolina Sedimentation Control Commission, and with ordinances and
regulation, of various. counttae, municipalities and other official agencies relating to pollution prevention and
control. When any installation or maintenance operation disturbs the ground surface and the existing ground cover,
Om party of the second part agree, to remove and replace the sod or otherwise reeetablieh the grace cover to meet
the antic/action of the bivision Engineer of the party of the first pert.
That the party of the second pert agrees to accuse the ectu.,l cent of any inepection of the work eonsioerea to
be necessary by the Division Engineer of the party of the first pert.
That the party of the second part agrees to have available at the ton.tructlon site, at all timte during con-
etruction, a copy of thin agreement showing evidence of approval by the party of the first part. The party of the
firet pert reserves the right to stop ell were unless evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the
party of the second part agree, to give written notice to the Division Engineer of the party of the fleet part
when all work contained herein hoe been completed. Unless specifically requested by the party of the first part,
written notice of completion of work on highway project, wider construction will not be required.
That in the came of noncompliance with the terms of thin agreement by the party of the second part, rho party
of the fleet part teservee the right to stop all wort until the facility hem been brought into compliance or re.
moved from the right of way at no coat to the party of the flint part.
Tiwt it is wytee6.It Loth parties th..t thie agrreeen: void if eetuai contraction wf the work
contompi,tee rorcin it net megun warm,. one (1) year rraq the Bate or authorisation by the party or the met pert
unitise written waiver is secured by the party of the second part from the party of the fleet part.
Dying the performance of this contract the canon party, for itself, its seeigneen and euceoesore in intercet
(hereinafter referred to as the econtra:tor^J, agrees me follower
j '..... a. Cerpll.,nce with Pei,iatlr.aa; .r coote,etur shell eor.ply with the Pe.ulatlons relative to ncr.Clscrimtn.
',..... t.,r. to :-.:.w ..tai- +aui proryr..-a of the U. L. Deportment of Transportation, Title t9, Code of Federal
kegulations, part 21, as they racy be yenned from tire to tine, (hereinafter referred to an the F.egula-
ticn.), which are herein incorporated Ly reference and made a part of thin contract.
FORM R/W 16.! (R-v. July 1, 1977)
•
030
b. Nondiecrie nation: The contractor, with regard to the work performed by it during the contract, shall not
'.. daicriminete on the grounds of race, color, or national origin in the selection and retention of sabcvr
tractors, including procurements of materials and leans. of equipment. The contractor shall not partici-
pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations.
including employment practices when the contract cavern a progrcm eel forth in Appendix)T of the Regulative.
'... o. So is tationa or Subeontracta Includi.- - recants q Wteri.la and -ant: In all solicitations
'.. . alp r carpet avo •L•TSng or its as on ma-. t Con roc or or wor 0 performed under a alb.
contract, including procurements of materials or leases of equipment. each potential aabcontreetor or
supplier shell be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground.of race, color, or national o_leder
e. Inform:T.1 and Resorts: Th.nnntractor shall pewide all Informtioq sad roprts ragwircd by the Regulations.ce dtraetl we
.. ''.
issued pursans thareto.and shall permit aeon..,co its books,records.accounts.other sources of information,nod its feCilltlas
'as oar be determined by the*e:ie trenc of Transpertaelre or the Federal Highway fdel*iscratlon CO bs pertinent to ascertain oopllan..
with such Regt.inNons or diraeciwa. Sm.n any ixformatiom rsda)r.d of a...actor Is in the exclusive posses,10e of another
coo foils or refuses to furnish thus)nformacio.,the contractor Shall no certify to the Deportment of Transportation,or ch.Fedral
',. sigbm.y A..lolstritloe as approd.riate,and snail set forth what.ffores It has made to obtain Via information.
1 ',...... O. Sanctions for s0ntompllaneat In tho went of tea toncrac.of't noncompliance with the nondisoriminetlan pros/skins or this contract
t riGrarteent or transportation shall locos*pout ca.t:ate sanctions as is or eh.Federal Ni900ny Adminl )an may determine to
be apprepflate, including,but rot limited to.
w)umgld)ng of dayoo015;el the enncraccar under cha=memos until the contractor complies,and/or
(2) cancellation.termination or suspension of cha contract. in=hole or in pare.
f. Into rottener Provitionst The contractor shall iOclide the provisions of paragraphs"a"through'Y"In*very subcancract,
,'-tTtTuefno procuramonts or enterlals and leases of eyuiprxnt,unless weept by the Regulations,or diroativ.a issued pure ant
'.. thereto. The.ants...,shall take such action with raspact to any tuboontr.tn or procurement as the Deportment of Transportation
or the Federal Highway Admits{ )on may direct as•moans of wforcing such provisions including sanctions for nonrasplianra:
Provided.hp,mor,that. In the swat•ebttracter boon., involved In,or Is thewtrrd with, litigation with•subeentractor of
wpplir M•,.salt of soeh diractlone tha conrwcor ow request Om Dspertewc of Transportation to enter Into suth litigation to
i '.. proswt the i f the State,.M, in additios,the,ohtrwwr eey,.dart she united States ton wt. Into...Oh litigation
to protons 4:.Interests of the Unlsn Storms.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to
be executed in the day and year first above written.
DEPARTMENT OF TRANSPORTATION
BY:
DIVISION ENGINEER
ATTEST OR WITNESS:
CHAIR, BOARD OF COUNTY COMMISSIONERS
COUNTY OF ORANGE
106 EAST MARGARET LANE
HILLSBOROUGH, NORTH CAROLINA 27278
Second Party
'..
institutions
loot the appsIoot Is a Corporation or a m.lelpollty,this.greamat must haw the corporate serf and be attested by the
eorperatlen secretary or by the eepoc.red City official.unless•waiver or corporate seal and attestation by the secretary
or by the empowered City official townie In he Raleigh Wile.of Cite Reneger of Right of way, In the space provided In
thi.agreement for execution. the name of the corporacIon or municipality shall b.typed above the name and title of all
parsons signing to.agreement Should be typed directly kilo.[hair slgnatur..
This agreement oust be morn elanitd. In the form of an.ttacnuene,by Diana Or dro.ings showing the following apollcabl.
Infornat ion:
I, All roadways and ramps
E. Right of coy lines and chore appl lcabl.. the control of acees,lines
'..
3. Location of the existing.M/or proposed enereaehoent
',.
Y. L.ng[h, sine and[you of.neroathdent
5. method of Installation
6. Olowasions shying the distance from ton encroachment CO edge Of povenent, shoulders.Structures,etc.
7. Lomatien by highway survey Station number. If station weber cannot b.nbtainod, location should be shot.by dls-
'.. distante from sea Id.ncifiwla point, sock as a bridge,road, intar,.ntlon,etc. (To assist In preparation of the
enefoauwnt plan, the Depareeant's roadway plans may bt soon at the various highway Division Sffl.es,or at the
Raleigh offlc..)
Drainage structures or bridges If affected by encroachment (show vertical and hofltentil diocooloos from eecreech-
mitt co nearest pert Of Structure)
9. Method of attachment to drainage strutter.,or bridges.
'.. 10. nanhol*design
11. Oa underground utilities. the depth Of bury under oil traveled lanes, shoulders,ditches,sidewalks,etc.
12. Length, size and type of encasement where required.
13, On underground crossings.notation as to nettled of crossing boring and Jacking,open tut,etc.
ib. Lpeatlon of vents
OENEUAt REQUIREMENTS,
I. Any attachment to•bridge or other drainage Structure oust be approved by the hoed of Structure Design in Ra1a1gb
prior to suhmlaslon of encroachment agreement to the Division Engineer.
2. All crossings should bo as neer as possible normal to the centerline,af the highway.
3. Olnieun vertical clearances of overhead wires and cables above all roadways must conform to clearances set not In
the National Electric Safety Code.
'..
I. Encasements shall extend fro.ditch tine to depth line to cut sections and 5'beyond toe of sines In fill sections.
S. All .ants should be extended CO th.right of.ay line or a.atne:•wi so required by the Dapart'"ent.
6, All pipe encse...SS 41 CO mterlal and strength shot.west t..standard,and specifications of the Department.
7. Any speela1 provisions or specifications as to the p.rfOtMn50 of the work Or the method Of...ruction chat may
be required by the*apartment ryst be shorn on•separate sheet attached to enero.gheent agrecoent provided that
loch Information cannot be shown on plans or drawings.
a• The*apartment's Division Engineer should be Al...nation by the applicant Price to*steal starting of Installation
ircluded in this.gree:ment-
I
1
URkMif LUUI' ►Y 031
BOARD OF COMMISSIONERS ,ACTION AG A
ACTION AGENDA ITEM ABSTRACT ITEM NO. •
MEETING DATE January 21, 1986 •
• SUBJECT: Request for temporary Social Worker I position
1DEPARTMENT: Social Services ;PUBLIC HEARING: YES x NO
ATTACHMENT(S): Funding Authorization INFORMATION CONTACT: Thomas M. Ward
DFS 0300 effective January 16., 1986 -x 22'
adding $311,328 to previous allocations PHONE NUMBERS: HILLSBOROUGH - 732-8181
of $276,863 HILLSBOROUGH - 732-9361
CHAPEL HILL - 967-9251
MEBANE 227-2031
• DURHAM - 688-7331
. PURPOSE: To request approval of a temporary•full-time Social. Worker I position to assist
ongoing staff in processing appilEations and providing services relating to the
day care program. This request was approved by Social Services Board. on
January 16, 1986.
•
NEED: The re-allocation of $311,328 for the remainder of the current fiscal- year will
allow a large increase in the number of children receiving payment for day care
services. Additional staff time will be needed on.a temporary basis -Co.process
a large volume of a Plications. The waiting list for day• care subsidy payments is'
approximately 350 children. At the end .of Decemver 1985 one humdred ninety five
(195) children were receiving DSS payments to assist with the cost of day care.
•
•
IMPACT: County funds of $14,133 was budgeted to match $117,205 in Federal funds. Due
to aLchange in Day Care Policy on the State level no further matching funds
will be required leaving a balance of approximately $8,000 in county funds,
which will be sufficient to fund the position for five months at hiring rate
$1267/mo plus Social Security of $453/mo x 5 $6,788.
•
RECOMiMENDATION(S):Establish a temporary Social. Worker I position effective February 1
thru June 30, 1986.
•
•
jnj
032
JAN 1 6 1986. FUNDING AUTHORIZATION
Issued TIME COUNTY SOil L SERVICES Issued By:
The Department of Human Resources
Orange Division of Facility Services
County Department of Social Services Office of Child Day Care
Authorization: 1. Initial Allocation Effective Date Authorization
of
Child Day Care Funds Authorization
211,409 1-16-86 2
2. Annual Allocation
276,863
3. Add/Delete This Increment
311,328
4. Adjusted Annual Allocation
588,191
5. Grant Information:
REALLOCATION CHILD DAY CARE
Obligations inclurred and Expenditures made under this advice will be subject to limitations
published by Federal and State Agencies as to the availability of Funds
6. Allocation Distribution State Fiscal Year 7/185 - 6/30 86
1st Quarter 2nd Quarter I 3rd Quarter 4th Quarter
92,660 73,499 211,016 211,016
Authorized Signatures
1 Date:
27 'J '/'0
OW , Date:
DFS-0390 (Rev. 5/85)
Fiscal Unit
O R A N G E C O U N T Y O3`
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date January 21 . 1986
Action A enda
Item # (.44,47
.
SUBJECT: Z-13-85 P&S SPORTING GOODS
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment (s) Information Contact : SUSAN SMITH
NONE
SEE 11-25-85 AGENDA PACKET Telephone Numbers
Hillsborough - 732-8181
SEE 1-6-86 AGENDA PACKET Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE : To receive the County Attorney ' s opinion on the legal question -
raised regarding the P&S Sporting Goods general rezonin,
request . (The County Attorney 's opinion will be provided to th =
Board of Commissioners under separate cover prior to th -
meeting . )
To consider for approval the general rezoning request submitte '
by P&S Sporting Goods Inc . and presented to public hearing o
November 25 , 1985 .
NEED: P & S Sporting Goods Inc . is requesting a general rezoning o
property located south of NC 54 and approximately 550 ' east o
Morrow Mill Road . The property is known as part of Lot 28 a
Tax Map 26 in Bingham Township . The parcel contains 4.54 acre =
or 197 ,762.4 square feet .
The property is located within an area designated Agricultural
Residential and Rural Neighborhood Activity Node . The presen
zoning of the property is Agricultural-Residential (AR) . Th .
applicant is requesting a rezoning to Local Commercial-1 (LC
1 ) .
At the January 6 , 1986 meeting the Board of Commissioner
referred this item to the County Manager and County Attorney ti
address the legal ramifications of the request and directs
that the item be brought back before the Board fo
consideration at the next Board meeting .
034
IMPACT: The County Attorny is in the process of preparing an opinion
with ', regard to the legal ramifications of the rezoning rogues .
Receipt of the County Attorney ' s opinion will provide guidan •e
to the Board of Commissioners in its consideration of t a
general rezoning request submitted by P&S Sporting Goods .
RECOMMENDATION : As the Board decides .
The Planning Staff recommended approval of the LC-1 rezoni g
request .
During the 12-16-86 Planning Board meeting a motion fir
approval failed with a 5-5 vote .
035
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 21 , 1986
Actionblanda
Item # ( j.
SUBJECT: TOWN OF CHAPEL HILL EXTRATERRITORIAL PLANNING
JURISDICTION
DEPARTMENT: PLANNING PUBLIC HEARING:,,.Yes X No '
ATTACHMENTS: Resolution CONTACT: Marvin Collins
86-1-13/R-8 from Town of Chapel
Hill; General Statute TELEPHONE NUMBERS:
160A-360; map showing proposed Hillsborough 782-8181
extraterritorial area . Chapel Hill 967-9251
Durham 688-7331
Mebane 227-2031
PURPOSE: To consider a request by the Town Council of the
Town of Chapel Hill that the Orange County Board
of Commissioners grant to the Town
extraterritorial planning Jurisdiction for an
area of the County three (3) miles from the
corporate limits of the Town .
NEED: The Town Council of the Town of Chapel Hill
adopted a resolution (86-1-13/R-8) on January 13 ,
1986 requesting that the Orange County Board of
Commissioners grant to the Town extraterritorial
planning jurisdiction for an area of the County
three (3) miles from the corporate limits of the
Town [see attached map) . The Town cited as
reasons for the request : (1 ) frequent
annexations within the area ; (2) the fact that
representatives of the Chapel Hill Planning Board
and Board of Adjustment (and appointed by the
Board of Commissioners) reside in areas outside
the corporate limits ; and (3) the fact that the
development , appearance and character of areas
outside the Town limits affect the natural
environment and overall quality of life in the
Town .
General Statute 160A-360 contains those
provisions which govern the granting and exercise
of extraterritorial jurisdiction by a
municipality . A summary of the provisions is as
follows :
1 . A city with a population of 25 ,000 or more
036
may exercise extraterritorial jurisdiction
over an area not more than three (3) miles
from its corporate Limits. The population
estimate may be based on the annual estimate
certified by the Secretary of the N.C.
Department of Administration .
2. No city may extend its extraterritorial
powers into any area for which the county has
adopted and is enforcing a zoning ordinance
and subdivision regulations and within which
it is enforcing the State Building Code .
3. When a Local government (the Town) is
granted extraterritorial jurisdiction subject
to the request, approval or agreement of
another Local government (the County) , the
request , approval or agreement shall be
evidenced by a formally adopted resolution of
that government's legislative body (the Board
of Commissioners) . Any such request,
approval or agreement can be rescinded upon
two years' written notice to the other
Legislative body (the Town) concerned by
repealing the resolution .
4. Any council wishing to extend its
extraterritorial jurisdiction shall adopt an
ordinance specifying the areas to be included
based upon existing or projected urban
development and areas of critical concern to
the city, as evidenced by officially adopted
plans for its development . Boundaries shall
be defined in terms of geographical features
identifiable on the ground .
5. If a city fails to adopt an ordinance
specifying the boundaries of its
jurisdiction , the county shall be authorized
to exercise the powers .
6 . When a city extends its jurisdiction to
include an area that is currently being
regulated by the county, the county
regulations and powers of enforcement shall
remain in effect until (i ) the city has
adopted such regulations, or ( ii ) a period of
80 days has elapsed , whichever is sooner .
The complete text of GS 160A-360 is attached .
IMPACT : Approval of the Town of Chapel Hill request for a
three—mile extraterritorial jurisdiction would
enable them to administer and enforce its zoning
ordinance, subdivision regulations and the State
•
03r
Building Code within the area described on *he
attached map .
inECOMMENDATION: As the Board decides .
. 038
A RESOLUTION REGARDING 3-MILE EXTRATERRITORIAL PLANNING
- JURISDICTION (86-1-13/R-8 )
WHEREAS, areas of Orange County in the vicinity of the
present corporate limits will. be annexed by actions of the Town
Council of Chapel Will from time to time; and
:WHEREAS, the development, appearance and character of such
areas now outside the Town limits affect and will affect the
natural environment and the overall quality of life in the
Town of Chapel Sill; and
WHEREAS, representatives residing in the area outside
Chapel Hill and appointed by the Orange County Commissioners
serve on the Chapel Hill Planning Board and Board of Adjustment;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Tbwn of
Chapel Hill hereby requests the Orange County Board of •,.
Commissioners to grant to the Town extraterritorial planning
jurisdiction for an area of the County 3 miles from the
corporate limits of Town.
This the 13th day of January, 1986..
•
.r=
I hereby certify that this is a true and correct copy of Resolu-
tion 86-1-13/R-8, as adopted by the Council of the Town of
Chap-1 Hi on = 13th day of January, 1986.
PAPI
Nan we s
Town k
�
SEA'G •
•
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`= CoLrvry PANNING oEPr. NOVEMBER 1985
04Q ..
.; 3 i 160A-354 cK 160A.CITIES AND-TOWNS 1 160A-360
I.
au established public park.wit v.City of
e Lumberton,254 N.C.94,118 S.E.2d 35(1961).
3 1160A-354. Administration of parks and recreation pro- t
pima
• ,n system as a line depart- -�:
ment,or may create a parks recreation commission and vest in it author- }
its►to operate the parks and recreation system.(1945,c. 1052;1971,c.698,s. r
1.)
--1.-- i 160A-355. Joint parka and recreation systems.
l Any two or more units of local government may cooperate in 1
i. parks and recreation systems as authorized in Article 20,Part 1,of this Chap. : .
;,, ter. (1945,c. 1052; 1967,c. 1228; 1971,c. 698,a 1.) - =,
i .
§ 160A Financing parks and recreation.
Each county and city is authorized to expend for its parks and recreation ,I-
system any of its revenues not otherwise limited as to use by law. (1945, c. ll'i
,. 1052; 1971,c. 698,s. 1; 1975,c. 664,a 12.) `
160A-357: Repealed by Session Laws 1975,c. 664,s. 18. j i
;;
H 160A.35S 160A-359: C
, Reserved far future codification purposes.
iil
AxT1c1.E 19.
■
-' Planning and Regulation of Development. ;r
Part 1. General Provisions.
v 3'
§ 160A-360. Territorial jurisdiction.
-..: (a) All of the powers granted by this Article may be exercised by any city
within its corporate limits. In addition, city r
4 any Y may exercise these powers ;.; 1
within a defined area extending not more than one mile beyond its limits.With
the approval of the board or boards of county commissioners with jurisdiction +, .
- _- over the area, a city of 10,000 or more population but less than 25,000 may 4.1
exercise these powers over an area extending not more than two miles beyond y
its limits and a city of 25,000 or more population may exercise t'� =-
o pop y rcise these powers ;
over an area extending not more than three miles beyond its limits. The . ;' —
.. boundaries of the city's extraterritorial jurisdiction shall be the same for all
r-.. powers conferred in this Article. No city may exercise extraterritorially any ` i s —
power conferred by this Article that it is not exercising within its corporate ' _
limits•In determining the population of a city for the purposes of this Article, ;
the city council and the board of county commissioners may use the most recent
annual estimate of population as certified by the Secretary 1
Carolina Department of Administration
of the North
K.
... (b) Any council wishing to exercise extraterritorial jurisdiction under this
,r� -
_ Article shall adopt,and may amend from time to time,an ordinance specifying ;t: _ '•
the areas to be included based upon existing or projected urban development `Jr
_ and areas of critical concern to the city,as evidenced by officially adopted plans :,;.
for its development. Boundaries shall be defined, to the extent feasible, in €
- _ 399
-
A f
V '-',1_,-' aw '4 S.. r v !•xE ayps — _ .-.
. 160A-360 CH. 180A.C111112 AND TOWNS * 160A-860 d41
11•
�- ,M terms of geographical features identifiable on the ground.A council
° may,in its
�a areas exclude separated i�oe al,jurisdiction areas lying in another 'a
s.
city by barriers to urban growth
or areas cool
projeetei�lopment will have minimal impact on the city.The bound- snap
arses specified in the ordinance shall at all times be drawn on a map,set forth any •
in a written description,or shown by a combination of these techniques.This
delineation shall be maintained in the manner provided in G.S.160A-22 for the the
delineation of the corporate limits, and shall be recorded in the office of the ")
register(c) of deeds of each county in which any portion of the area lies.
Where the extraterritorial jurisdiction of two or more cities overlaps,the s. 2;
jurisdictional boundary between them shall be a line connecting the midway c. 1 I
points of the overlapping area unless the city councils agree to another bound- '
ng s.3;
ary line within the overlapping area based
w
of on development` or projected patterns
_ ( tonal fails to adopt an
jurisdiction,the ordinance i�apshall brnes e.aso;
to exercise the powers granted by this Article in any area beyond the city's caws
corporate limits.The county may also,on nest of the city council, if 153
req ty
=_ . any or all these powers in any or all areas lying within the city's corporate 'bif i
limits or within�ty's specified area of extraterritorial jurisdiction.
(e) No city may hereafter extend its extraterritorial powers under this
Article into any area for which the county at that time has adopted and is
enforcing a zoning ordinance and subdivision regulations and within which it The
�_ is enforcing the State BuildingCCode.However,the city may do so where the
county is not exercising all of these powers, or when the city and the - • •and
county have a upon the area within which each.will exercise the powers 4 phi
conferred by t�Article. that
_- (f) When a city annexes, or a new city is incorporated in,or a city extends •�
its jurisdiction to include, an area that is currently being regulated by the
county, the county regulations and powers of enforcement shall remain in teeth
t_: effect until(i)the city has adopted such regulations,or(ii)a period of 60 days I '
L A
has elapsed following the annexation,extension or incorporation,whichever is .C. .
sooner. During this period the city may hold hearings and take any other De .
..:
, measures that may be required in order to adopt its regulations for the area. of Me
K (fl) When a city relinquishes jurisdiction over an area that it is regulating
g; under this Article to a county,the city regulations and powers of enforcement
shall remain in effect until (i)the county has adopted this regulation or(ii)a 1'
period of 60 days has elapsed following the action'by which the city Any
. _ relinquished jurisdiction, whichever is sooner. During this period the county
_ ;f, may hold hearings and take other measures that may be required in order to . rfo
*: , adopt its regulations for the area. . (1
- (g) When a local government is powers by this section subject to the (2
g granted
.t.-
a -- , request, approval, or agreement of another local government, the request,
- approval,or agreement shall be evidenced by a formally adopted resolution of (4)
r _..,il that government's legislative body.Any such request,approval,or agreement
;Su, can be rescinded upon two years'written notice to the other legislative bodies
`_, concerned by repealing the resolution.The resolution may be modified at any (g)
__ time by mutual a ent of the legislative bodies concerned.
(h) Nothing in this tion shall repeal,modify,or amend any local act which
i defines the boundaries of a city's extraterritorial jurisdiction by metes and (6)
- - - bounds or courses and distances.
6- - • (i) Whenever a city or county,pursuant to this section,acquires jurisdiction (7)
... y,'' '• • over a territory that theretofore has been subject to the jurisdiction of another An a,
: _ •11 n•
^ , local government,any person who has acquired vested rights under a permit,
certificate, or other evidence of compliance issued by the local government •until
surrendering jurisdiction may exercise those rights as if no change of jurisdic- (1)
tion had occurred. The city or county acquiring jurisdiction may take any
- 400
-
. - ^:pry:.
.
Ak
1
042
E § 160A-361 CH.160A.CITIES AND TOWNS
§ 160A-361
R_ : action regarding such a rmi '
F- pe t,certificate,or other evidence ofcompliance that
o - could have been taken by the local government surrendering jurisdiction pur-
suant to its ordinances and regulations.Except as provided in this subsection,
any building,structure, or other land use in a territory over which a city or +
county has acquired jurisdiction is subject to the ordinances and regulations of i �. _
r )Real by Session Laws 1973,c.669,
,s. 1.(1959,c. 1204; 1961,c. 103; -
c.548,ss. 1, 1%; c. 1217; 1963,cc. 519,889, 1076, 1105; 1965,c. 121; C. 348, ! __
r' s.2;c.450,a. 1; c. 864,ss.3-6; 1967,cc. 15,'22, 149;c. 197,a. 2•cc. 246, 685,
_ c. 1208,s. 3; 1969,cc. 11,53;C. 1010, s. 5; c. 1099; 1971,c.698,s. 1;c. 1076,
s.3; 1973, c. 426,s. 56; c. 525;c. 669, a. 1; 1977,c, 882;c.912,as. 2,4.)
n -_ Local Modification.--Mecklenburg 1971, see I 153A-320.As to procedure for adopting or j
" - e.860;Pamlico County:1977,c.478,a 3. amending county ordinances under this Article, r '
Cross References. - As.to powers of see a 153A-323. As to validation of certain
a counties under this Article, see also ordinances not in
compliance with this section,
f$ 153A-320 through 153A-324.As to Write- see a 160A-366.
rial jurisdiction of counties under this Article,
_ CASE NOTES
;
The obvious purpose the statutory extraterritorial none failed to meet the degree j'
mandate in subsection (b) requiring that of definiteness mandated by subsection (b) ,y
''=
._;� 4 .,�;~' J.a county J y � _'�c'r
,, w. - --V •a motor ch cam above, the def n` s .
n ..-- _-- ) vehicle on a (street o defendant
: 160A-22 CH. 160A. 0 4
i CITIES AND TOWNS
; 1BOA-24
- § 160A-22. Map of corporate limits
The current city boundaries shall at all times be drawn on a map,or set out
in a written description,or shown by a combination of these techniques.This
delineation shall be retained permanently in the office of the city clerk.Alter.
ations in these established boundaries shall be indicated appropriate entries
- by a upon or additions to the map or description made by or under the direction of
the officer charged with that duty by the city charter or by the council.Copies
•
of the map or description reproduced by any method of reproduction that gives
legible and permanent copies,when certified by the city clerk, shall be admissi-
ble in evidence in all courts and shall have the same force and effect as would - i
- the original map or description.The council may provide for revisions in any P
I.
map or other description of the city boundaries.A revised map or description i
shall supersede for all purposes the earlier map or description that it is desig-
1 Hated to replace. (1971,c.698, S. 1; 1973,c.426, s. 10.) r
c PPQ
;. 1160A-23. District ma P� rea rtionment.
(a) If the city is divided into electoral districts for the of electing the
members of the council,the map or description requiredpby GB.160A-22 shall
also show the boundaries of the several districts.
(b) The council shall have authority to revise electoral district boundaries
from time to time.If district boundaries are t
se out in the city charter
and the e
}- charter does not provide a method for revising them, the council may revise
F them only for the of(i)accounting for territory annexed to or excluded , '
from the city, (ii correcting population imbalances among the districts -
[= shown by a new federal census or caused by exclusions or annexations.When
Lr district boundaries have been established in conformity with the federal Con- -
stitution,the council shall not be required to revise them again until a new
Fr
federal census of population is taken or territory is annexed to or excluded from
ti ' the city,whichever event first occurs.In establishing district boundaries, the _
' council may use data derived from the most recent federal census and shall not
_: be required to use any other population estimates. (1971, c. 698, s. 13 € ,-
ARTICLE 4A..
i
Extension of Corporate Limits
Part 1. Extension by Referendum or Petition.
§ 160A-24. Procedure for adoption of ordinance extending
is
r limits; effect of adoption when no election
required; public hearing and notice thereof. '
.-, '.. - After public notice has been given by publication once a week for four suc- f ,
cessive weeks in a newspaper in the
county with a general circulation in the
F • municipality, or if there be no such paper, by posting notice in five or more - i . 1 i
! public places within the municipality,describing by metes and bounds the '±
.; µ * territory to be annexed, thus notifying the owner or owners of the property
located in such territory,that a session of the municipal legislative body will ', ,`€ t
{ ' meet for the g
purpose of considering the annexation of such territory to the
F}, _ -. municipality, the governing body of any
:. - g y y municipality is authorized and
there tiered to adopt an ordinance extending its corporate limits by annexing =- -
any contiguous tract or tracts of land not embraced within the corpo- , i _
rate limits of some other municipality.Provided,that it shall be essential and ?i
ki
247 ,, i
Ewa i.
•
Mr
044
ORANGE COUNTY
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. (11 ]!
Meeting Date: JANUARY 21, 1986
SUBJECT: WATER AND SEWER GRANT FUNDS (SENATE BILL 2)
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE, X501
PROPOSED PROJECTS TO TELEPHONE NUMBER:
INCREASE WATER SUPPLY Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To decide upon a plan for sub distributing the water portion of
these funds.
NEED: The Countywide allocation under the bill, based upon population,
will be $789,300 each year for two years to support up to fifty
percent of the cost for water and sewer construction. Part of
each year's allocation will go directly to the cities as outline
in the attached, updated excerpt from the November 15, 1985
Water Supply Report. Decision rests with the Board of Commis-
sioners on how it wishes to allocate the funds related to the
unincorporated area population. This amounts to $225,131 each
year for sewer projects and $121,225 each year for water pro-
jects. A recommendation on the sewer funds will be ready for
the February 3, 1986 Regular Meeting.
Board member policy guidance has placed priority on utilizing
the water funds to increase the effectiveness of existing raw
water supplies through facility improvements. Hazen and Sawyer
identified how this could be done. The attached, proposed
project list incorporates the firm's recommendations together
with cost estimates required match and responsibility for meet-
ing the matching share.
Discussions have been held with each water provider and affected
citizens within the vicinity of Lake Orange. If the projects
are approved by the respective boards the next step will be to
submit a resolution to the State of North Carolina by April 1,
1986 which includes a description of each project, project cost,
the funding source and certification that the town/county will
be able to fund the local share.
•
IMPACT: Each provider receiving the funds would have the responsibility
for grant matching which would be as follows:
045
1986-87 ,1987-as
Orange County 26,425 33,725
Orange Alamance Water Corp. 20,250 0
Hillsborough 61,500 0
Orange Water and Sewer Autho. 8,750 87,500
RECOMMENDATION(S) :
Approve the proposed projects.
•
PROPOSED PROJECTS.TO .
.,INCREASE WATER SUPPLY 0 E
•
SOURCE OF FUNDS
• State Grant (Senate Required Agency Responsible
Bi11. 2J Orange . Matching for Matching Funds To
Unincorporated - - :Funds
-.986--87 ,PROJECTS
• ..1. Orange County Water Level 4,000 Orange Co.
Fla5hbaard 4,000 Orange Alamance
a. Lake Orange 16,000 16,000 4,000 Hillsborough :. •000
b. Professional Services •-• 1,000 1,000 Orange County I 1 ,000
c. Other 2..000 .2,000 ... " I 1,000
d. Engineering Studies 19,425 19,425 ' - ,e50
Sub-total x$38,425 - 38,425 $7 ,850
-2. - Orage-Alamance Water Corp. :
a. 6" meter - 1,250 1,250 Orange Alamance
- b. 12" meter _ : 5,000 5,000
c. Gravity by-pass : 7,500 7,500 IV "
d. Professional Services . : 2,500 2,500 1, "
Sub-total .. : $16,250 16,250 $30,500
•
13. Hillsborough :
a. Silt Removal --- ___
b. Pump and Controls Change • 18,500 18,500 Hillsborough 37,500
c. Water level, Lake Ben 35,000 35,000 ti 70,000
Johnson
d. Professional Services _ 4,000 . 4,000 " 8,000
Sub-total $57,500 57,500
$115,000
4. Orange Water and Sewer -
•
Authority.
a. Professional Services 8;750 8,570 Orange Water and 17',500
Design and Specifications, Sewer Authority
Booster Pump Station
' Sub-total $8,750 8,570 $17,500
TOTAL $121;225 121,225 $24,450
1987-88 PROJECTS •
1. Orange County
Engineering Studies 33,725 33,725
2. Orange Water and Sewer
Authority •
Booster Pump Construction 87,500 87,500 175,000
TOTAL $121,225 121,225 $242,450
04
ORANGE COUNTY
BOARD OF COMMISSIONERSS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. (113
Meeting Date: JANUARY 21. 1986
SUBJECT: CHARGE TO TELEPHONE STUDY TASK FORCE
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: des X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE. X501
TELEPHONE NUMBER:
OBJECTIVES FOR TASK FORCE Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: Pursuant to Board of Commissioner action in the meeting of
December 21 1985 which set up two task forces to study various
aspects of telephone service in Orange County. a statement of
objectives has been prepared for each task force to consider a
charge for its work.
NEED: To provide specific direction toward the intended goals of the
task force.
IMPACT:
RECOMMEAIDATION(S)
To expedite this undertaking by approving the objectives.
04E
The Board of Commissioners, concerned with the telephone
service in Orange County were prompted to form a task force
on December 2. 1985 to investigate various problems and areas
of needed improvement in phone service.
Orange County is bounded by four telephone companies►
which in the absence of extended area service requires toll
calls between districts. With current and projected growth.
the County Commissioners recognize a need for all citizens to
be encompassed in one toll free service area, to the extent
that service can be made available of a feasible and economi-
cal basis. Therefore, a task force was formed to explore the
possibility of extended area service. The charge to the task
force is as follows:
1. Assess community interest in the extended area
service, heretofore referred to as EAS. Also in
those service areas where it is not currently
available. to report any community interest for
alternative long distance services. (MCI, Sprint.
etc.)
2. Through assessment information. determine possible
configurations for the extended areas of service.
3. Obtain updated potential monthly cost and likewise
anticipated monthly savings for both residential
and commercial subscribers, on a per customer. per
month. per exchange basis.
4. Based on the foregoing findings, make recomnenda-
tions within one hundred twenty (120) days follow-
ing appointment as to whether the County should
pursue the EAS and if so for what areas and on what
basis.
If the Board of Commissioners concur. the task
force will be asked to do such further work as
encompassed in items 5► 6 and 7.
5. In the case of a subscriber vote. the task force
shall prepare the wording for the proposed ballot
indicating the cost but stressing the benefits EAS
would provide each user.
6. The task force will serve as the vehicle to esta-
blish and distribute information deemed necessary
for education of the public concerning EAS.
7. If a favorable subscriber vote for the EAS is
returned► the task force would serve as a monitor,
giving periodical progress reports on EAS imple-
mentation to the Board of Commissioners.
04
The Board of Commissioners, concerned with the telephone
service in Orange County were prompted to form two task
forces on December 2, 1985 to investigate various problems
and areas of needed improvement in phone service.
One of these task forces was formed to study user
difficulties and aspects of a technical nature related to the
installation of a new digital switching system within the
Centel Central office.
1. Survey Centel customer complaints that have been
filed to date together with Centel's response to
those complaints as well as analyze any new cony
plaints that may arise.
2. Serve as a liaison wit Centel as specifications are
developed for the new digital switching system,
making certain the following ten features are
included:
a. Direct inward dialing (DID)
b. Identification of outward dialed calls
c. Ability for numbers not in sequence to hunt
d. Call forwarding
e. Call waiting
f. Speed calling
g. Conference calling
h. Elimination of impulse noises
i, Choice of long distance carriers provided to the
public
j. Ability to send digital data
3. Monitor progress and adherence to installation
timetable.
4. Submit an initial report of findings to the Orange
County Board of Commissioners within 120 days
following the appointment and periodic written
progress updates until the switching system is
fully operational.
ORANGE COUNTY PLANNING DEPARTMENT
HILLSBOROUGH
NORTH CAROLINA
27278
yq� a
�ZI
17 ;-.57'
,!,.
•
January 28 , 1986
Nancy Worley
P .D . Box 3242
Chapel Hill , NC 27514
Dear Nancy :
On January 21 , 1986 the Board of Commissioners
recommended approval of the abandonment of a portion of
Bradsher Road [SR 1547) which serves your property . The
Clerk to the Board will forward this recommendation to the
North Carolina Department of Transportation for consideration
by the North Carolina Board of Transportation .
Please contact me if you have any questions on this
matter .
Si7cerely ,
11 y:i.
Susan J . Smith
Planner
-
December 19 , 1985 -
Mr. Don Wilhoit
Orange County Commissioner's Room
106 E. Margaret Lane
Hillsborough, NC 28278
Dear Mr. Wilhoit:
I am writing concerning the proposed rezoning of
approximately 5 acres along highway 54 requested by P & S
Sales. As you may know, the Planning Board did not recommend
approval of the rezoning request after a very close vote.
Because the minutes may not completely detail what the
arguments were against this proposed rezoning, I wanted to
briefly summarize them point by point in an effort to
impress the BOCC that the decision not to approve is really
the only choice available to the county at this time.
(1) The applicant's stated reason for the rezoning is to use
the extra land for sewage disposal and parking so that the
existing building may be enlarged. Under the Zoning
Ordinance, parking and waste disposal facilities for a
business are required to be zoned identically to the
business. If the rezoning were granted, P & S sales would be
zoned GC4 and its parking and sewage, LC1. This is illegal.
(2) Even if the entire parcel (nearly 10 acres) were zoned
LC1 (to circumvent problem 4 1) , P & S Sales could not
legally operate because they do not meet the application
criteria for an LC1 designation. For example, in section 4.2
of the zoning ordinance, the LC1 and NC2 zones are intended
for small local businesses serving the local neighborhood.
When we wrote the ordinance, the typical example of this
type of business was a "Mom and Pop" store. P & S Sales is a
national mail order supply house and its operations can in
no way be construed as serving a local clientele. This
problem was recognized several years ago when the zoning
ordinance was enacted. At that time P & S sales was not
given an LCI zoning. Since it did not qualify for that
designation, it was zoned GC4 , over my objections (please
see 3 below)
(3) Rezoning the extra parcel LC1 will further the zoning
quagmire at this node and subject the county to legal
difficulties because the GC4 designation currently assigned
to P & S sales is illegal in this land use area (Section
4 .2 .) . The only permitted zones here are LC1 and NC2.
Currently, therefore, the operation of P & S Sales could be
successfully challenged because they stand in violation of
the zoning ordinance.
(4) The intent of the Rural Community and Neighborhood
Activity Nodes as stated in the application criteria of the
ordinance is to limit the total acreage allotted to commerce
to slightly less than 20 acres (NC2 5-9 ac. and LC1 5-9 ac. ,
total 10-18) . At present, it is true that there is no LCl
acreage at this node, but this is due to the fact that there
is over 15 acres illegally zoned GC4 there (5 acres for P
S Sales and 10+ acres for Dixon's Garage) . Therefore, the
total amount of commerical acreage at this site, NC2 =
8+acres (including Talbert's food mart, 5+ ac. and
Tumbleweed 3 ac.) and GC4 = 15+ acres, is well over 20
acres.
(4) Even if the error in zoning were corrected to rezone P &
S Sales EC4 or 5 (a means we used for "grandfathering in"
non-conforming uses when the ordinance was put in place)
granting an LC1 designation for the additional parcel would
still not solve their problems because again the business
and its parking and sewage facitlities would not have the
same zoning. (EC dsignation cannot be applied to zone new
parcels) .
(5) Some members of the Planning Board argue that the
ordinance is too restrictive because they cannot recommend
rezoning as they see fit, without regard to application
criteria. This aspect of our ordinance, however, is
precisely what makes it a good one. When zoning was issued
in, the then BOCC assured the county that a strong ordinance
was needed to protect the individual owner as well as guide
development sensibly. Safeguarding these small rural nodes
was seen as the surest way to prevent strip development
along Hwy 54. As one of two remaining Planning Board members
who helped to write the current ordinance, I would hate to
see these ambitions abandoned. There are many businesses
around the county who are in a similar boat. At the
initiation of zoning, however, all agreed that limited
growth was a fair exchange for not being zoned non-
conforming.
Finally, I might offer a suggestion to solve this
problem. First, the Planning Board should seek to rectify
•
the illegal zoning at the Clover Garden node. Secondly, the
only solution for P & S Sales is to relocate or request a
planned development so that its growth could be carefully
guided. This latter means is still a difficult one because
the planned development district for which this industry
might qualify may not be permitted in this land use plan
area.
Thank you for your attention.
Very truly yours,
Steve Kizer, Member
Orange County Planning Board
Rt 1, Box 87
Chapel Hill, NC 27514
GRAINGER R. BARRETT
ATTORNEY AT LAW
',. SUITE 300, 208 N.COLUMBIA STREET
B CHAPEL HILL, NORTH CAROLINA 27514 TELEPHONE
(919) 929-8198
January 21, 1986
Orange County Board of Commissioners
306 East Margaret Lane
Hillsborough, N.C. 27278
Dear Commissioners:
I represent P & S Sales, Inc. in its rezoning matter
presently before you. We wish to express our appreciation to
the County ,Attorney and County Manager for their
recommendations to you tonight. We agree that their
recommendations represent a facilitative and constructive
approach to resolving P & S's zoning designation in an
appropriate manner under the County Zoning Ordinance and
Land Use Plan.
P &S has always sought to be cooperative with the county and
they do wish to be a good neighbor and employer in Bingham
Township.
We realize that implementing the recommendations of the
County Attorney and the County Manager may well take a
number of months. We will be pleased to cooperate with all
appropriate parties in this process. We do hope that we can
move steadily and diligently towards resolving these zoning
questions and permitting us the benefits P & S expected and
looked forward to when it relocated to its present site
several years ago.
We would appreciate your assistance and support in moving
this process forward in the appropriate manner. We stand
ready at any time to provide you or your staff with whatever
information may expedite that process.
Siecerely, '
'• ING 40 R. B TT
c: Kenneth ompson
Geoffrey Gledhill
Marvin Collins
P & S Sales, Inc.
CPAA
EFLAND_CHEEKS TOWNSHIP STATE OF NORTH CAROLINA
ROUTE SEE PLANS PROJECT SANITARY SEWER FACILITIZOJNTY OF warm;
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
-AND- PRIMARY AND SECONDARY HIGHWAYS
County of Orange
• as argare ne -
Hillsborough, N.C. 27278
THIS AGREEMENT, made and entered into this the 13tiday of February , 19 86 ,
by and between the Department of Transportation, party of the first part; an
County of Orange , party of the second part,
W I T N E S S E T H:
THAT WHEREAS, the party of the second part desires to encroach on the right of way
of the public road designated as Route see plans , located throughout Town of
Efland and along Highway 70 to Hillsborough
with the construction and/or erection of Efland-Cheeks Township/Sanitary Sewer
Facilities
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and, the party of the first part in the exercise of authority conferre'
upon it by statute, is willing to permit the encroachment within the limits of the right
of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the
party of the second part the right and privilege to make this encroachment as shown on
attached plan sheet (s) , specifications and special provisions which are made a part
hereof upon the following conditions, to wit:
That the installation, operation, and maintenarce of the above described facility will be accomplished in ac-
cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCODMMODATING TTILITIES ON HIGHWAY
RIGHTS-OF-WAY, and such revision, and amendments there o ac may n e ec a e e o a agreemen . re-
formation as to these policies and procedures may be obtained from the Division Engineer or State Utility Agent of
the party of the first part.
That the said party of the second part binds and obligates himself to install and maintain the encroaching
facility In such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor
'-`---- -- •+-,-a„a. to reinburee the party of the first part for the coat•
nr '
••-hdiecriminatlon; . The contractor, with regard to the work performed by it during the contr4i
b. weer:.._ae a on the ',grounds of race, color, or national origin in the selection and retention et •• ..
tractors, including procurements of materials and leases of equipment. The contractor shall not I=11!";"_
pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation:
■ including employment practices when the contract covers a progrem set forth in Appendix B of the Regulat!-.._.
c. Solicitatione for Subcontracts Includin. Procurements of Materials-and E. 'orient: In all solicitations
• - b er • compete. ive •x. ing or nego x= ion ma•e y t e con rector or wor o • performed under a cub••
• contract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Renorts: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books. records, accounts, other sources of inforration, and its facilities
as may be determined by the De;artment of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation. or the Federal
Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
e. Sanctions for l:onco npliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
the Department of Transportation shall Impose such cont:acc sanctions as it or the Federal Highway Administration may determine to
be appropriate, including, but rot limited to.
(.) withholding of payments to the contractor under the contract until the contractor complies. and/or
(2) Cancellation. termination Or Suspension of the contract, in whole or in pert.
V. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f" in every subcontract'.
including procurements of materials and leases of equipment, unless exempt by the Regulations. or directives issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation
o? the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for nGnceapliance:
Provided. however, that. In the event • contractor becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the conractor may request the Department of Transportation to enter into such litigation to
protect the Interests of the State. and, in addition, the contractor may request the United States to enter into such litigation
to protect the int of the United States. -
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to
be executed in the day and year first above written.
DEPARTMENT OF TRANSPORTATION
DI TON mom
E
ATTEST OR WITNESS: �// .
. . .
`- - CHAIR, BOARD OF COUNTY COMMISSIONERS