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Home My WebLink About2000 Carrboro, Chapel Hill, Hillsborough Solid Waste Management Interlocal Agreement amendment Agreement to Amend the Agreement for Solid Waste Management Orange County and the Towns of Carrboro, Chapel Hill and Hillsborough hereby agree to amend the "Agreement for Solid Waste Management . " 1 . By deleting the paragraph identified as "Accruire Property." in Part 1 and replacing it with the following: Acquire property. The County shall acquire real and personal property as it deems appropriate for System purposes. There shall be no restrictions on the County' s acquisition of additional acreage at the existing landfill . The Parties acknowledge and support the County' s position that as operator of solid waste operations, it may, despite diligent efforts to explore alternatives, settle upon the area on and proximate to the existing closed landfill site on Eubanks Road as the location for additional solid waste facilities . The County states its current intention not to acquire, and its recommendation that future County Governing Boards not acquire, any of the properties known as the Blackwood and Nunn properties for System purposes . 2 . By deleting the paragraph identified as "Effective date." in Part 1 and replacing it with the following: Effective date. The County will assume solid waste management responsibility on the first day of the second Orange County employee pay period that follows the last completed of the following two events : (1) the approval by the governing board of and the execution of the Agreement to Amend the Agreement for Solid Waste Management by the current owners of the System; (2) Agreement on the boundaries of the property described in Exhibit E by the Greene Tract Owners. The date the County assumes solid waste management responsibility is the effective date of this Agreement . The Parties shall take actions provided for in this Agreement, or which may otherwise be necessary or appropriate, in a timely fashion to permit the County' s assumption of solid waste responsibility on the effective date . 3 . By deleting Part 5 and replacing it with the following: 5. The Greene Tract will remain a landfill asset. Sixty acres of the Greene Tract will be reserved for System 1 purposes, and the three owners will work together to determine the ultimate use of the remainder. The Parties agree that the Greene Tract remains a landfill asset . Chapel Hill, Carrboro and the County (the "Greene Tract Owners") will transfer to the County title to that portion of the Greene Tract described on Exhibit E, which contains approximately sixty acres. The County may use the property described on Exhibit E for System purposes. The County states its current intention not to bury mixed solid waste or construction and demolition waste on any portion of the Greene Tract. The County states its recommendation to future County Governing Boards that the County make no such burial. The deed to this property will include a restriction prohibiting the use of the property described on Exhibit E for burying mixed solid waste or construction and demolition waste. The Greene Tract Owners agree to bargain together in good faith and with all due diligence, and to use their respective best efforts, to determine an ultimate use or disposition of the remainder of the Greene Tract as soon as possible and in any event by December 31, 2001, or two years after the effective date, whichever is later. During this "bargaining period, - no Greene Tract Owner shall make any use of the remaining portion of the Greene Tract without the consent of the other Greene Tract Owners . The Greene Tract Owners agree that among the issues to be addressed in the bargaining process are (1) the specific future uses, or ranges of use, to be made of the remainder of the Greene Tract (including issues of devoting different portions to different uses, devoting portions to public uses and the possibility of making portions available for sale or private use) , and (2) whether to impose specific use restrictions, either through deed restrictions or through governmental regulation. The Greene Tract owners agree that during the "bargaining period" each should provide opportunity for public comment on possible or proposed uses or dispositions . During the "bargaining period, " no Greene Tract Owner shall (1) file any legal action or proceeding to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, 2 in either case without the consent of the other Greene Tract Owners . To the extent permitted by law, Chapel Hill agrees not to initiate any proceeding to rezone any portion of the Greene Tract during the "bargaining period, " without the consent of the other Greene Tract .Owners . Chapel Hill states its current intent to accommodate any agreed-upon future uses or range of uses of the remainder of the Greene Tract in its Development Code/ordinances and states its recommendation to future Chapel Hill Governing Boards to the same effect . After the "bargaining period" is completed, namely, the day after the last day of the bargaining period, no Greene Tract Owner shall (1) file any legal action or proceeding to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in either case without giving the other Greene Tract Owners at least 60 days ' prior notice of such filing or entering into an agreement. In addition, after the "bargaining period" is completed, any Greene Tract Owner may give 60 days ' prior notice of an election to be no longer bound by the above restrictions pertaining to the uses of and whether to impose use restrictions on the remainder of the Greene Tract, and such election shall be effective at the end of the notice period. The Parties agree that any non System use of any portion of the remainder of the Greene Tract or any disposition of any portion of the remainder of the Greene Tract shall result in payment to the County of the Reimbursement Amount for deposit in the System enterprise fund. 4 . By replacing the date in the first paragraph of Part 7 with the following: "one month after the effective date of this Agreement . " 5 . By amending subsection (c) of the "Members; Terms" provision of Exhibit C to the Agreement to read as follows: (c) The first year of the term of each initial member of the Advisory Board shall be deemed to expire on June 30, 2001. Thereafter, each year of the term of an Advisory Board member will run from July 1 through the subsequent June 30, but each member shall continue to serve until such member' s successor has been duly appointed and qualified for office. 3 IN WITNESS WHEREOF, Orange County has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers . 2,-) (D officers rs . Date Approved by Governing Board AT ST: RANGE COUNTY, N04T]i CAROLINA 4 ycla�I !, I; lerk Board�Zff Commissioners Chair, Board of o (r s STATE OF NORTH CAROLINA; ORANGE COUNTY 30 1 a Notary Public of such County and State, certify that NO-%vS&y-N_jyand �V-Q-V-1V'&f,%d-*ersonally came before me this day and acknowledged that the are the Chair afid Clvi-k, respectively, of the Board of Commissioners of Orange County, North Carolina, and that by authority duly given and as the act of Orange County, North Carolina, the foregoing instrument was signed in the County's name by such Chair, sealed with its corporate seal and attested by such Clerk. -)J WITNESS my hand and official stamp or seal, this 0( 1 day of 2000. [SEAL] Notary 56ublic My commission expires: 03 4 IN WITNESS WHEREOF, the Town of Carrboro has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in itON,, 1� ,,,,,,pq,V,porate name by its duly authorized officers. /Z IRPORA 1911 Date Approved by Governing Board ATTEST: ... -,PTOWN OF CARRBORO, NORTH CAROLINA C l , ��`-'a, ��- 11111 BY: Town Clerk Mayor STATE OF NORTH CAROLINA; ORANGE COUNTY I, a Notary Public of such County and state, certify that/A.-J-11.1 and personally came before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the Town of Carrboro, North Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was . d in the Town's name by such Mayor, sealed with its corporate seal and tr `much Town Clerk. W hand and official stamp or seal, this AqFD day of r (SE I ** 0, N tary Public M couN n expires: i 1 /0,9/a,0do 5 IN WITNESS WHEREOF, the Town of Chapel Hill has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers. Date Approved by Governing Board VANUM. Ampr ATTEST: OF CHAPEL HILL, NORTH C OLINA ILZ Tffj_)CJerk p 1 mayor • 31i TA STATE OF NORTH CAROLINA; AAVL 6.iZa Not ry Public of and State, certify that Not came before me this day and acknowledged that Wey are the or and town Clerk, respectively, of the Town of Chapel Hill, North Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was signed in the Town's name by such Mayor, sealed with its corporate seal and attested by s\`\h`1r � lpf�f,' WITNES this ial stamp or seal, day of (SEAI!f' *0 IAI?k '�a -4c 3o 0 U B L\"- C) Notary Public My commission e3 0��Rimofiff 4 U,3 6 IN WITNESS WHEREOF, the Town of Hillsborough has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers . F H I Date Approved by JL— Town 0 Governing Board C11 ATTECUT: of G) Hill 2h -rtOWN OF HILLSBOROUGH, NORTH CAROLINA ,S �y own ri Cl eik Mlyor STATE OF NORTH CAROLINA; ORANGE COUNTY I, a Notary Public of such County and state, certify that lar4ce and -AAoW*- kmi;i'rity' personally came before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the Town of Hillsborough, North Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was signed in the Town's name by such mayor, sealed with its corporate seal and attested by such Town Clerk. WITNESS my hand and official stamp or seal, this day of Yr —1-9-"- J� [SEAL] Notari Vubl:i�c My commission expires: lsg:orangecounty\amdsolwstagt.doc 7