HomeMy WebLinkAbout2003 Planning - Schools Adequate Public Facilities Memorandum of Understanding and OrdinanceNORTH CAROLINA
ORANGE COUNTY
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, made and entered into this
~~
day of 2003 and effective as of the ~ day of
2003, by and between the CHAPEL HILL-CARRBORO CITY
BOARD OF EDUCATION, a body politic of the State of North
Carolina, hereinafter called the ~~BOARD OF EDUCATION," and
ORANGE COUNTY, a body politic and corporate of the State of
North Carolina, hereinafter called the ~~BOARD OF COMMISSIONERS,"
to memorialize an agreement between the parties regarding
approval by the BOARD OF COMMISSIONERS of the amount to be spent
by the BOARD OF EDUCATION for the site of the third high school
in the Chapel Hill-Carrboro City School District, hereinafter
called CHCCS high school #3, and regarding amounts to be
appropriated by the BOARD OF COMMISSIONERS to the capital outlay
fund of the BOARD OF EDUCATION for CHCCS high school #3;
W I T N E S S E T H:
WHEREAS, the BOARD OF EDUCATION exercises the statutory
authority to administer the Chapel Hill-Carrboro City School
System, and the BOARD OF COMMISSIONERS exercises the statutory
duty to provide certain school funding to the BOARD OF
EDUCATION; and
1
WHEREAS, both the BOARD OF EDUCATION and the BOARD OF
COMMISSIONERS agree that investment in public education is a
priority of both boards and essential to the educational,
cultural and general development of the community and to its
quality of life; and
WHEREAS, aggressive capital spending, coupled with high
annual per-pupil allocations, placed Orange County at the
forefront of "actual effort" in school spending in North
Carolina every year since 1997 and in the top five annually
since 1990, according to the N.C. Public School Forum; and
WHEREAS, the impending implementation of the Schools
Adequate Public Facilities program in Orange County, hereinafter
called "SAPFO," makes providing timely capacity in the Chapel
Hill-Carrboro School District high school level a heightened
priority; and
WHEREAS, consideration of Chapel Hill-Carrboro School
District high school level capacity in the initial
implementation of SAPFO will be suspended until CHCCS high
school #3 is available for student enrollment; and
WHEREAS, the two boards recognize that disputes regarding
the amount to be spent on CHCCS high school #3, as well as the
amount to be appropriated by the BOARD OF COMMISSIONERS to the
capital outlay fund of the BOARD OF EDUCATION, have the
2
potential to delay the opening of CHCCS high school #3 and
should be avoided; and
WHEREAS, the BOARD OF COMMISSIONERS in cooperation with the
BOARD OF EDUCATION and the Orange County Board of Education has
adopted School Construction Standards, hereinafter called "the
Standards," for each public school level, elementary, middle and
high; and
WHEREAS, the BOARD OF EDUCATION, on June 19, 2003, adopted
resolutions in support of its decision to locate CHCCS high
school #3 on a site abutting Rock Haven, Ray and Smith Level
Roads south of Chapel Hill and Carrboro and in Carrboro's
planning jurisdiction; and
WHEREAS, by the June 19, 2003 resolutions, the BOARD OF
EDUCATION requested the BOARD OF COMMISSIONERS approve the
purchase by the BOARD OF EDUCATION of certain identified
properties for a total appraised value of $2,535,700 and further
requested permission from the BOARD OF COMMISSIONERS for the
BOARD OF EDUCATION to exercise the BOARD OF EDUCATION'S
statutory authority to acquire the identified parcels by the
exercise of eminent domain; and
WHEREAS, by the June 19, 2003 resolutions, the BOARD OF
EDUCATION requested the BOARD OF COMMISSIONERS approve a capital
project ordinance for CHCCS high school #3 to include $2,535,700
3
for land acquisition and $234,375 for planning fees through
schematic design; and
WHEREAS, the BOARD OF EDUCATION resolved, in the June 19,
2003 resolutions, that it would not request from the BOARD OF
COMMISSIONERS "funding for the acquisition of land for the
[CHCCS high school #3] project over and above the appraised
value that would increase the debt of the County;" and
WHEREAS, the BOARD OF EDUCATION does not have a contract
for the purchase of any of the identified properties necessary;
and
WHEREAS, the process of acquiring property by eminent
domain does not permit a determination at the time it is
exercised of the total cost of the properties condemned, rather
the total cost of the properties condemned may not be known for
years after the property is acquired, occupied and in use by the
condemning authority; and
WHEREAS, site design consultants of the BOARD OF EDUCATION
advised the BOARD OF EDUCATION that the construction of CHCCS
high school #3 on the identified parcels presents certain design
issues including the likelihood that the considerable rock
located on one or more of the identified parcels adds
uncertainty to the development costs of CHCCS high school #3;
and
4
WHEREAS, the BOARD OF COMMISSIONERS endorses neither the
site selected for CHCCS high school #3 nor the acquisition by
eminent domain of the parcels of land that will make up the
site, however, the BOARD OF COMMISSIONERS acknowledges that the
BOARD OF EDUCATION is within its statutory power to acquire the
properties it has selected for the siting of CHCCS high school
#3 and to do so by the exercise of eminent domain; and
WHEREAS, the amount of funding identified by the BOARD OF
COMMISSIONERS for CHCCS high school #3 is $27,800,000; and
WHEREAS, no concept plan for CHCCS high school #3 has yet
been presented by the BOARD OF EDUCATION to the BOARD OF
COMMISSIONERS with a projected cost of $27,800,000; and
WHEREAS, the BOARD OF COMMISSIONERS on June 16, 2003, in
the context of a proposal by the BOARD OF EDUCATION for the
approval of approximately $33,870,000 in funding for CHCCS high
school #3, approved a request that the BOARD OF EDUCATION
consider a number of options for meeting student capacity at the
high school level for students residing in the Chapel Hill-
Carrboro City School District; and
WHEREAS, in that June 16, 2003 action, the BOARD OF
COMMISSIONERS offered, ~~in order to promote creative thinking
and a sounder example for young people" to approve an
appropriation to the BOARD OF EDUCATION'S capital expense fund
$2,200,000 more than $27,800,000 for CHCCS high school #3,
5
provided the BOARD OF COMMISSIONERS is satisfied with a proposal
that can be made by the BOARD OF EDUCATION for a design of CHCCS
high school #3 that promotes smart-growth, which design
addresses "reduced parking, [reduced] land disturbance, and
other deleterious aspects of current plans;" and
WHEREAS, after careful consideration of all of the
uncertainties and circumstances surrounding CHCCS high school
#3, the only reasonable way for the BOARD OF COMMISSIONERS to
give funding authorization necessary for CHCCS high school #3 is
to do so holistically; and
WHEREAS, the BOARD OF COMMISSIONERS has held public
hearings on the use of $12,800,000 for CHCCS high school #3,
which money was originally programmed for a tenth elementary
school in the Chapel Hill-Carrboro City School District in the
2001 bond program, and on the BOARD OF EDUCATION selected
location of CHCCS high school #3; and
WHEREAS, the BOARD OF COMMISSIONERS and the BOARD OF
EDUCATION have approved a funding mechanism to fund CHCCS high
school #3; and
WHEREAS, the BOARD OF COMMISSIONERS and the BOARD OF
EDUCATION desire to enter into this Interlocal Agreement to set
forth the respective undertakings and responsibility of each
party; and
6
WHEREAS, the BOARD OF COMMISSIONERS and the BOARD OF
EDUCATION have each approved this Interlocal Agreement and have
caused such approval to be reflected in the respective minutes
of each governing board.
NOW THEREFORE, pursuant to North Carolina General Statute
§§ 160A-461 and 115C-431, the BOARD OF EDUCATION and the BOARD
OF COMMISSIONERS agree as follows:
1. THE PURPOSE: The parties enter into this Interlocal
Agreement to establish a funding mechanism: (1) for the purchase
by the BOARD OF EDUCATION by eminent domain or otherwise of
properties which together have been identified by the BOARD OF
EDUCATION as its choice for the site for CHCCS high school #3,
and (2) for the appropriation from the BOARD OF COMMISSIONERS to
the BOARD OF EDUCATION'S school capital expense fund of the
funds for the completion of CHCCS high school #3. The recitals
set forth above are incorporated by reference as if fully set
forth herein.
2. The BOARD OF COMMISSIONERS agrees to appropriate the
funds necessary for the purchase by condemnation or otherwise of
the properties identified at the estimated costs identified as
follows:
Appraised
Parcels Acreage Values
Glover property 49.5 $1,658,700
Fisher property 10.6 551,000
7
Minton property 3.6 326,000
Total 63.72 $2,535,700
3. The BOARD OF COMMISSIONERS agrees to appropriate a
total of $27,800,000 for the total of all of the elements
contained in the Standards for CHCCS high school #3 with funding
from bonds (approved for CHCCS elementary school #10), impact
fees and alternative financing.
4. Any amount by which the total cost of CHCCS high
school #3 exceeds $27,800,000 will be paid for by BOARD OF
EDUCATION pay-as-you-go CIP revenue not requiring the BOARD OF
COMMISSIONERS to incur debt.
5. In consideration and subject to the BOARD OF
COMMISSIONERS complying with the terms hereof, the BOARD OF
EDUCATION irrevocably waives and relinquishes its right to
initiate and pursue any statutory or judicial process to appeal,
mediate, arbitrate or otherwise resolve any dispute between the
boards regarding the amount approved by the BOARD OF
COMMISSIONERS for the acquisition of the site for CHCCS high
school #3, the amount appropriated now and in the future by the
BOARD OF COMMISSIONERS to the BOARD OF EDUCATION'S school
capital expense fund for CHCCS high school #3 and as this
appropriation may impact the total appropriations now and in the
future from the BOARD OF COMMISSIONERS to the BOARD OF
EDUCATION's school capital expense fund.
8
6. The term of this Interlocal Agreement shall be, and
its provisions shall govern appropriations from the BOARD OF
COMMISSIONERS to the BOARD OF EDUCATION for CHCCS high school #3
land acquisition and the BOARD OF EDUCATION'S capital expense
fund for the parties fiscal years from July 1, 2003 through the
year in which the BOARD OF EDUCATION'S pay-as-you-go CIP revenue
pays off any amount by which the total cost of CHCCS high school
#3 exceeds $27,800,000 as identified in paragraph number 4 of
this agreement.
7. This agreement does not impact the CIP funding now and
in the future related to other mutually agreed-upon school needs
of the BOARD OF EDUCATION except to the extent that those school
needs require pay-as-you-go CIP funding committed to CHCCS high
school #3 as provided for in this agreement.
8. The BOARD OF COMMISSIONERS agrees to approve, by
capital project ordinance, an appropriation to the capital
expense fund of the BOARD OF EDUCATION of $2,200,000 more than
$27,800,000 for CHCCS high school #3, provided the BOARD OF
COMMISSIONERS is satisfied with a BOARD OF EDUCATION proposed
design of CHCCS high school #3 that promotes smart-growth, which
design addresses reduced parking, reduced land disturbance and
other deleterious aspects of the previously reviewed plan for
the construction and site development of CHCCS high school #3.
9
9. The parties may only amend this agreement by a written
agreement approved by both boards and signed by their respective
duly authorized representatives.
IN WITNESS WHEREOF the BOARD OF EDUCATION and the BOARD OF
COMMISSIONERS have caused their duly authorized officials to
execute this agreement the day and year first above written,
pursuant to authority duly given and as their respective acts,
intending to be bound thereby.
ATTEST : ~ -?
By: ~ ,;
Neil G. Pedersen,
Superintendent
ATTEST: ~I
B ~~ ' `~'
Y~
Donna S. Baker, Clerk
CHAPEL HILL-CP,RRBORO CITY
BOARD OF EDUCATION
B y : ~~ ~-e---
Valerie Foushee, Chair
Board of Education
ORANGE COUNTY
By: ~'~VV`~ VF
Margar Brown, Chair
Board f Commissioners
10