HomeMy WebLinkAboutAgenda - 04-29-2002 - 3c Agreement for Solid Waste Management
To establish a eooprahensive approach to solid waste mamgemevt
issues, and in consideration of the promises made to one another in
this agreement, orange County and the Towns Of 'CerrDOro, Chapel Hill
and Hillsborough hereby agree as follows:
1. The County will secure solid waste menng®eat responsibility as
follows:
he s.etem The County will operate the System for the
benefit of the eCewty, the Tows and the persons and organisations
within their jurisdictions. Me county will establish and enforce
reasonable rules and regulations Swerving the operation end use of
the System, operate the Systam in an efficient and economical Matter
had maintain the properties constituting the.,System in good repair and
In Bound operating.condition.
solid provide 'li The County will provide
System Management Facilities suitable for :the disposition of Solid
Waste ey the County, the Towns end the persons had organizations
within their jurisdictions. The existing landfill, as well es any
successor System management Facility, will be designated to accept
solid waste generated exclusively by residents, basseaseS and
institutions located in Cressida County and that portion of Chapel gill
located within Durham County, Worth Carolina:
naterrin nolicv. The County will have the ongoing authority and
responsibility in its discretion (1) to administer and operate the
system in accordance with the Solid Waste Management Plan and Policies
t
and (2) odetermine and codify the Solid Wants Management Plan and
Policies fr= time to time. - The Parties affirm on the data of ihiS
Agreement their Cresitment to the solid waste reduction fools set out
in the Integrated Solid Waste Manggement Plan. The County agrees to
consult with the other Parties and the Advisory Board, freQUantly and
consistently, to determine their views on the Solid Waste MauaSenate
Plan and Policies end possible changes thereto.
Take an esvlweea. All of the System Employees will be
transferred to the county and become county employees subject to the
supervision of the County Manager in the same fashion as other County
employees.
The Parties acknowledge that it is an important objective of this
Agreement that the Current total compensation package for Systam
-Employees be maintained at a Substantially equivalent level through
their transfer to the County, although the comhination of salary and
benefits for any employee may cringe. The Parties recognize that all
components of coaceneation to System Employees after the transfer will
be Subject to changes in salaries and benefits in the game fashion as
other County employees. The County and Chapel Hill will develop
detailed schedule comparing the total pre-transfer and post-transfer.
compensation for each System Employee. Chapel Hill will mend a copy of
the completed schedule to outcomes.
Bonaire System assets. The county will acquire all right, title
and interest to all Existing System Assets. Title to the Greene Trace,
however, shall not be conveyed to the County pursuant to this
eragraph; part 5 is sxd shall be the only portion of this Agreement
affecting the state of the title to the Greene Tract.
Assume System liabilities. The County will all
e
liabilities, including environmental liabilities, related u to the
ow,erahjp of the System, including, cc the extent permitted by law,
all liabilities related to the Ownership of Exiating System Assets
which have accrued o which may accrue prior to the Transfer Date.
The parties, however, shall retain their individual liability,
if any, under environmental laws and otherwise, related to their
respective use of the System both before and after the Transfer Data
(as, for example, any liability arising from their delivering, or
using to be delivered, Solid Waste to System Management Facilities)
The Parties acknowledge that the Cowty'e a Mstion of liabilities an
described in the preceding paragraph shall not limit, and is not
intended to limit, the ability of any governmental authority to
impose, or to seek to impose, mental Or other liability
directly o a Party (as, for examples any Liability accruing to the
eat; owners of the Existiug System Assets as sult of their
status a n
owners prior to the Trasfer Date) . The County will. not
and by this Agreement does not assume, any indebtedness Of
Carrboro or chapel Hill.
Aawire urcoerry, Via County shall acgdix real and personal
property as it deems appropriate for Byetem purposes. There shall be
no restrictions on the County's acquisition of additional acreage at
the existing landfill. The County states its our ant intention not to
acquire, and its t endation that future County Governing Boards
not acquire, any of the properties known as the Blackwood and Peru
properties for System purposes.
Provide do z co®I ante with law. Me County Nill Comply, on
cause there to be compliance, with all applicable laws, orders, rules
regulations and requirements of any governmental authority relating to
the System. Me County will also be generally responsible for solid
waste reporting, planning, regulatory compliance and similar matters.
Nothing in this Agreement, however, shalt prevent the County
from
contesting in good faith Eta applicability or validity of any such law
or other requirement, so long as the Coarty'a failure to comply with
the mean during the period of sucm contest will not materially impair
the System's operation or revenue-producing capability.
z
Make racerta. The County will make, or cause to be made, any
reports or audits relating to the system &a may he required by law.
The County, am often as may reasonably be requested, will furnish such
other information as the County may have TeascumblY available
concsrsdug the System or its operation as the ,Advisory Board On any
party may reasonably request. The County, which the Parties have
designated as a local lead agency, soul the Towns will cooperate in
preparing End submitting any reports or solid waste plain than a Party
may be required to file with governmental authorities, such as the
State'S Division of Waste Mana9ement-
Aoorove budget. The County will approve the 1999-2000
system operating budget together with chapel Hill.
Effective date. The County will solid w management
responsibility the day following the effectiv s
e date of the mains of
the property described in £%hiblt E which n4 kes solid waste management
met including burial of mixed solid: waste or construction and
demolition waste, a Permitted use under the Chapel Hill Development
Code/Ordinance, as provided in Part s of [hie Agreement, so long as
that date is at least loo days after the a ecution and delivery of
this Agreement by the current owners of the System and se logy as the
Estrum Tract Owners have agreed on the boundaries of the property
described in Rxhibit E. The date the County assumes Solid waste
nagameat responsibility in the effective date a, this Agreement.
Provided, however, the effective date of this Agreement will be
January 1, 2000 so long as this Agreement is executed by az,d delivered
to the current owners of the System o r before September T, 1993,
the Dancing change described above and in nPart 5 of this Agreement is
adopted by the Town of Chapel Rill on or before January 1,. 2000 and is
effective on r before January, 1, 2000 and the Greene Tract Owners
have, on or before January _l, 2000, agreed on the boundaries of the
property .described in Exhibit E. The parties shall take actions
provided for in this Agreement, or which may otherwise be necessary or
appropriate, in a timely fashion effective daze County's assumption of to Patent the
solid waste responsibility art
2. The Parties will deliver Solid Waste aid County Rcaynlables to
the System.
The County and the Towns all hgxee to deliver, or cause to be
delivered, to System Kanagement Facilities for disposal or Processing,
respectively, all Solid Waste and County Reryclebles under their
respective control. This delivery - obligation i ncludes (without
limitation) all Solid Waste and County Recyclablea collected by any
_ Party's employees, Solid waste collection -contractors, solid waste
collection licensees or solid waste collection franchisees. There is
to such Obligation to deliver Other Recyrlables. All Solid Waste and
County Recyclables delivered to system Management Facilities, or to
County employees, solid waste collection contractors, solid waste
collection licensees Or solid waste collection franchisees, or
properly placed in a designated container at a convenience center,
will be COUnty property upon Such delivery .
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The County will have the right to refuse to accept for disposal
at System Management Facilities any material Or substance which the
County xaaaciably determines is barred from such disposal by the Solid
Waste Management Plan and Policies, by , any applicable law or
regulation or by the restrictions of any P61mit. Notwithstanding the
provisions of the previous paragraph, the County Shall in no sent be
deemed the owner of any such barred substance without its exprees
consent.
if at any time a material that previously qualified as Other
Recyclaheles begins to be processed by the County for recycling and
therefore becomes Courtly Recyclablee, then any Party theretofore
processing such material as other Recyclables shall begin to process
Such material as County Recyclables upon the axpiratian of any
contract for disposal of the material as Other Recyclables that may be
in effect at the time of the matexial's charge in status.
3. Solid Waste collection and transportation decisions will i a
each Party's prerogative.
The Parties in all events retain the sight to determine their own
systems and procedures for the collection of Solid waste and related
matters, provided that such systems and procedures shall be reasonably
designed to be consistent azui compatible with the appropriate Solid
Waste Management Plan and Policies.
6. The County will operate the system as anterprise operation.
and will hava discretion to sat rates, fees and charges.
The Parties agree that the long-term success of the arrangement
for solid waste management provided for in this Agreement requires
that the Parties remain mefeted partners. The Parties agree that
their goal Of reducing solid waste meet be achieved in a a r that
ti .
guards the a viability of the System's torrent and future
operations. At the same time, the Parties acknowledge that the County
is not expected to use its general funds to underwrite Overall solid
ante management activities. Therefore, the County, the Towne and the
persons and Organizations within their jurisdictions all =at bear
appropriate preportioral shares of the costa of oroviding fox cu eat
and future operations of the solid Waste management enterprise. The
Parties agree that the County, as part of its responsibility for solid
waste management, must retain broad flexibility to implement ard
adjust rates, fees aM other charges, as provided below, in order to
generate sufficient zasouc�ces through the System to Carry out the
requirements of the Solid waste Management Plan and Policies. The
Parties agree that the County IS ultimately responsible for balancing
the available resources and the demands on the System, and that the
County must therefore have sufficient authority to adjust either the
resourcea or the System demands, or both, to achieve the balance. Part
I of this Agreement provides for the County's authority Over the Solid
Waste Management Plan and Policies. This Pact a provides for the
county's authority over the available resources.
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Mohammedan The County will
System will be =stated as an segregate for accounting purposes all the System'2 ac ounts, neym
and investments. The County will provide for the System's agent¢,
liabilities and results of Operations to be Presented in the County's
annual audit a separate enterprise fund! in accord,, a with
generally accepted accounting principles. The County will annually
asset a separate budget for the System in accordance with the County's
usual budgetary process. The County will keep rate records and
accounts of all items of coats and of all expenditures relating to the
System, and of the System Revenues collected and the application of
system Revenues. Such records ans accounts will be Open to any Party's
inspection at any reasonable time upon reasonable notice.
SvstQJn Will 1 - ortine bcaie The County
will establish and maintain systems of rates, fees and changes for
the use of, and for the services provided by, the System which is
reasonably designed to pay in full all the costs (and only the costa)
of carrying out the County's respsneibilitiea under this Agreement and
the Solid Waste Management Plan and Policies, including, without
limitation, (1) costs of disposing of solid Waste, (2) costs of
collecting, processing end diaposin@ of County ReCYClebles, (3) to the
extent permitted by law, costs of providing'public benefits determined
to be provided pursuant to Part '6, and (4) coats of solid waste
reduction activities. Subject only to the specific limitations set
forth in this Agrae'oen0. the County may revise Key rates, fees and
charges at any time and as often as it shall deem appropriate.
Limitations 1 Financial Chance Notwithstanding airy
other pro of this Agre men , the County shall not put into
effect any provision
Financial Change unless the County first chalice
the Consent of all Pontiac. it will be each Town's obligation to
determine whether any change or proposed change to the Solid Waste
Management Plan and Policies is a Material Financial Change with
aspect to such Town Within ten Business Days Of receiving notice of
the change or proposed tiwyge, and to notify the County within five
additional Business Days if the Town determines that Such cWnge or
proposed change is a Material Financial Consist. he provisions of this
paragraph are indeoeuant of the further provisions of this Part 4
concerning rates, fees and charges.
slid waste TiwinC Fee, (S) The County may increase
the Mixed Solid Waste Tipping Fen from time to time in its discretion
with at least 30 days' notice of the increase all other Parties.
The Toasty may not, how increase ever, r e the Mixed Solid Waste Tipping
Fee during o t the beginning of a any Fiscal Year to a fee that
exceeds the Mixed Solid waste Tipping Fee in effect at the end of toe
preceding Fiscal Year by more idea 10&, without the prior consent of
all the other Parties. Further, the Parties intend and agree that the
County shall endeavor to adjust the Mixed Solid waste Tipping Fee only
actually, with changes becoming effective only at the beginning of a
Fiscal Year.
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(2) The County may decrease the Mixed Solid waste Tipping Fee
from time to time i its discretion, without prior notice too action
by any other party. The County will promptly notify the other Parties
of any decrease in the Mixed Solid Waste Tipping Fee.
Governmental Pees (1) If the Crnmty determines that it i or
may be advisable to create and iapos any Governmental Fee, then
m the
County will give at least 30 days' notice of the proposed Governmental
Fee to the other Ignition. A Ga+emmevtal Fee nay then be imposed only
if the creating and imposition of such Governmental Fee is
subsequently approved by the County and at least me other of the
largemt two (by population) local government Parties. A new
d
Governmental Fee will take effect at the eno£ the notice period e
if latex, the date of the last Governing Body approval necessary for
it to take effect.
(3( The county may i any individual Governmental Fee Stan
time to time in its discretion with at least 30 days' Notice of the
increase to all other Parties. The .County may not, 'however, increase
any individual Governmental Fee during or at the beginning of any
Fiscal Year exceeds to a - e that the lea In effect at the end of the
preceding Fiscal Year by more than 10k, without the prior consent of
all the other Parties. The Partied intend and agree that the County
shall endeavor to adjust any and all Gov rnmentaL Fees only annually,
with changes becoming effective only at the beginning of aaFiscal:
year.
(3) The County may decrease any Governmental Fee from time to
time in its discretion, without prior notice to or action by any other
Party. The County will promptly notify the other Parties of avry
decrease to any Governmental Fee.
Other fees. (1( This section applies to rates, fees or charges
that the County may create or change, other than the Mixed solid waste
Tipping Fee and Governmental Fees. This section applies to any County
proposal to create, increase or decrease an availability fee. This
section does not apply to any proposal to impose or change any special
district tax related to the System{ instead, the generally applicable
law shall govern any such proposal. The Parties note that North
Carolina law currently requires a Town's consent to include any area
within that Towns jurisdiction within a special taxing district, but
that the County controls the rate Of any special district tax In its
discretion.
(2) If the County determi=as that it is may he advisable to
-creata, increase r decrease say rate, `_ charge covered by this
section, then the County will gin at least 30 days' onotice of the
proposed change to the other Parties, and the County will request that
the Advisory Board consider the proposed change. If the Advisory
Board r commands that one chenge he approved, than the change may take
effect if the County subsequently approves it. If the Advisory Board
ands that :he change not be approved, then the change may take
effect only if the County and at least =a other Party subsequently
approve the change. A change will take effect at the end of the notice
period or. if later, the date of the IMES Governing Body approval
necessary for it to take effect.
(3) Notwithstanding any other provision of this Agreement, the
County may at any time, and from time to time in its discretion,
sate, s or decrease any minor fees for the disposal of
certain classes of Solid Waste (such as fees for the disposal of Pend
Bete or clean wood wants) and minor charges for the sale of goods
(such an, for example, mulch, scrap tires, or clean Wood waste) . A fee
or charge shall be c o nsidered for the purposes of this
paragraph if the fee o charge produced less than It of the System's
total revenue for the last preceding Piscal Year for which audited
financial statements are ailable.
1 I Any approvals given by a
Party, pursuant to the approval requiemap4e of this ?art 6, to the
imposition eo increase of any f will be of. no further effect after
9a days from the date of the action granting approval (or after such
charter or longer Period RO may be made pent of the action granting
approval) , if the imposition or ase so approved ME not by such
time received all approvals required for its°effectivenesa.
71, Of System Revenues only z System. na raviroaMt Shot
general County use foods for The county will use
System Revenues solely to carry out the Solid Waste Management Plan -
az policies End solely for the benefit of the System, including (1)
to pay costs of disposing of Solid Waste, (2) to pay seats of
collecting, processing and disposing of Recyclables, (3) to the extent
permitted by law, to pay costs of providing .public benefits determined
to ban ovided pursuant to Part 6, and (4) to pay Costs of solid waste
n
reductio activities, Me County Will net use System Revenues to pay
cats cEcollecting Solid Waste in uiincomorated areas of the County.
Me County will in no s
event be required to u ens or funds other
than those of the System to fulfill its obligations under this
Agreement other than its obligations under Pert 3.
Reservation of CountVIR lights, Notwithstanding any provision
of the solid Waste Management Plan and Policies or this Agreement to
the contrary, the County will in all events M entitled to operate the
System End all its facilities, and may adjust any and all rates, fees
avW charges, as it may in its reasonable discretion deem reasonably
necessary (1) to comply With any re E
quirements of any applicable law or
regulation or any, Court order, administrative decree or similar order
of any judicial or regulatory authority, (3) to comply with the
requirements of any contracts, instruments c-Other agreements at any
time securing Outstanding System Debt, or (3) to pay o osts Of
mediating any adverse environmental conditions at any time existing
with respect to the System.
S. The Greene Tract will remain a landfill asset. Sixty acres of the
s
Greene Tract will be reserved for solid waste manages ant
purposes, and the three owners will work together to determine
the ultimate use of the messiness.
The Patties agree that she Greene Tract remains a landfill asset
Chapel Hill, Comments and the Comfy (the "Graeae Tract Owners")
will transfer to the County title to that portion of the Greene Tract
described on Exhibit 3 which contains approximately sixth? acres. The
County may the property described Exhibit E for System
purposes. The County states its current intention not to bury m 1 xed
solid was construction and demolition waste n any portion of
Greene Tract The County states Its recommendation to future County
Governing Boards that the County make no uch burial.
The deed to this property will include,a restriction prohibiting
the v f the property described on Exhibit'E for burying mixed solid
rite of construction and demolition waste.; This restriction becomes
effective at the same time that the zoning change described in the
next paragraph is effective and it will remain effective so long as
wring remains effective which allows solid waste management
other than burial of mixed solid waste of onstruction and demolition
seats, as permitted uses as described in the next paragraph.
C pal Hill agrees to commence, and states its current intent to
complete, the process to make solid waste management uses 'not
including burial of mixed solid waste or nstruction end demolition
waste, but expressly including, but not limited to, ¢ solid waste
transfer facility and materials recovery facility, of the
Exhibit E property -per� e
ttee u under The Chapel Hill Development
Code/Ordinance, subject only to staff level site plan and a milar
reviews and net subject to special u similar pro Chapel
Hill agree to provide the other Parties with a plan, 5including
planned schedule of reviews and approvals, to process the zoning
change described in Chia.paragraph.
The Parties agree that nothing that they have agreed to herein
onstitutee an agreement on the part of Chapel Hill to zone the
Exhibit E property in a darticular, way. It ;u instead, can agreement
that if the Exhibit E property is zoned a particular way me event
will fallow and if the Exhibit s property is not zoned in a particular
way another event will follow.
The Greene Tract Owners agree to bargain together in good faith
_ and with all due diligence, and to e their respective best efforts,
-o determine an ultimate use r disposition of the remainder of the
Gre a Tract s possible and In any event by December 31,
3oeln two as con after the effective date, whichever lager.
During this -bargaining period,' no Greene Tract Owner shall make any
use of the r malning portion of the Greene Tract without the consent
of the other Greene Tract Owners.
The Greene Tram owners agree that among the issues to be
addressed in the bargaining process are (1) the specific future ur
or ranges of use, to be made of the remainder of the Greene Tract
(including i of devoting different portions to different uses,
devoting portions to public uses sad the .possibility of asking
portions available for sale or private use) , and (2) whether to impose
specific use estrictions, either through deed restrictions or through
governmental regulation. The Greene Tract peers agree that during the
"bargaining period" each should provide Opportunity for public comment
an possible or proposed uses or dispositions.
During the "bargaining period," no Grams Tract owner shall (1)
file any legal action or proceeding to force any sale or division of
the Greene Tract, o or (2) eater into any agreement to sell, mortgage or
otherwise transfer all or any Part Of its OWssrshiP interest in the
Greene Tract, 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 ens of the other
Greece Tract Owners. Hxecution and delivery'of this Agreement by the
Greene Tract owners constitutes consent of Caw Greene Tract Debate for
chapel Hill to rezone the Hibit H property )as described in this Part
S. Chapel Hill stat xh
es its current intent to accommodate any agreed-
upon future us cause of u of the r inae: of the Greene Tract
in its Development code/ordinances and states its r commendation to
future Chapel Hill GOvorning Hoards to the same effect.
After the "bangainieg 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 my 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- union otice of such filing'o 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 oezcaiGing to the uses
of and whether to impose use estrictions on the remairder of the
Greene Tract, and such election ahall be effective at the and of the
notice period. -
The Parties agree that any hen System use of any portion of the
remainder of the Greene Tract or any disposition of any portion of the
of the Greene Tract Shall result Sn payment Co the County of
theaReimbursement carnanc far deposit in the System enterprise fund.
6. The County will finance c ®mity benefits from System funds to
the extent legally Permissible.
The Parties w'_11 cooperate to provide public benefits to the
unity of r eidents and property owners m the neighborhood of the
as sting landfill.
9
The Paztiea note the expected forthcoming report Of the Landfill
Community Benefits COmsittee that has been studying the question of
community-benefits. upon the release of the report, each Party shall
provide for its Governing Board to discuss the .working grade's proposal
for community benefits, and shall provide far such legal and other
staff analysis of the proposed list as it may deem appropriate
(especially including legal analysis concerning the u of System funds
to pay the costs of such benefits) . .After reach Party a Box completed its
own analysis, the parties shall work together, diligently add in good
faith, to reach an agreement as to community benefits to be provide&
The process of determining community benefits shall continue to include
participation by persons belonging to the xeloVant Community. Final
determinations of the public benefits to he provided, the a of
a
finncing and the mecbanlsms for providing the benefits, however sources
be made only by farther agreement of all the Parties.
The Parties state their preference tha%-benefits be financed from
System funds to the extent permitted by law: To the extent permitted by
law and by generally tonsured accountiag ppri ciples, to the extent
determined by the Perties and notwithstanding any other Provision Of
this Agreement, the costa of providing public benefits as described in
this Part 6 may he treated as an expense of one System and may be paid
from system Revenues.
The public benefits contemplated by this section are to be
considered s
a separate aan distinct from any compensation determined to
be owed for any "taking, of an interest in property as determined by
State or federal law.
7. The parties will establish an advisory board.
The parties hereby establish the Orange County Solid Waste
Management .Advisory Board to advise the County's Governing Board on
matters related to the System and the Solid Waste management Plan and
Policies. no Advisory Board shall meet for she first time not later
than November 1, 1999, ch the cell Of the members appointed by the
County. -
The Parties will continue to work through the existing Landfill
Owners' Group (^LOG-) on matters of solid waste management policy and
Operations until the Advisory Board begins to meet. The LOG shall
continue to Operate by consensus, but the Parties intend that the LOG
shall make enaatiossf major financial commitmedts until it
dissolve or is replaced by the
or
Board.
_ - Pact Party shall appoint two membeid to the Advisory Board.
Exhibit C sets forth details e rning the Advisory Board's
responsibilities and the proced'azes that it shell follow, and also sets
Orth the Parties' agreement se to the appointment and terms of office
of Advisory Board members.
in
If at any time the University of North CarolicA agrees to Comply
with the provisions of Part 2 with respect to its facilities and
Operations in orange County, then the Parties agree that the
university, through its president, shall be entitled to appoint to the
Advisory Board one voting member, having phe. vote. Any initial
University member $hall serve for a tern ending on the third Sure 30
following the member's appointment, and any succeeding University
member shall a e for a three-yeas term (with there being no limits on
the reappointment of University members) . The limitations in ExLibit C
excluding e,ployeee Of Parties from saccring on the Advisory Hoard do
not apply to the University or University memhera one parties agree to
enter into a supplement or amendment to this agreement to include
provisions reaso,sOly necessary or appropriate to provide for the
University's participation on the advisory Board in such circuwrances.
11
- (&rhlbit A ontai49 certain definitions that apply to this
Ag aamanc. Exhibit 8 cmta ns certain additimal provisims of this
$oreement]
Me remaLWar of this page has been left black intentionally.]
by
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IN WITNBBS NNBRBOP, each of the Parties Bae Caused this Agreem dit-
to be executed in its corporate name by its duly authorized officers.
A (TRAL) ORANGE CODNTC, HORTR CAROLINA
xzo ' 0 , y„ bd iB
Clerk,
B® of z., 4. Cnaix, B ar8 oY
Coronas ers i�O OORpO;�JC .J$a Conmissioners
i r '
ATT68T: W BRAN AL) fT or CARRBORO, NORTE CAROLINA
I'll S C / l z x. o.o. HY: l�Lak9 .Q
Town Clerk Mayor
B1A.p� ' $Ijq
ATT89 T: OF CHAPEL HILL, NORM CAROLINA
r l a
:r ' tfiId
Clerk , Mayor
ATTHST: ` OF HILLSBORDUM, NORTH CAROLINA
3� 90
own In 1e 1_5 �_- M Yc�
] y v
Exhibits - "' ;y CARO�;,o°
A. Definitions
R. Additionalprovisfons
C. Regarding the Advisory Board
D. Legal description of Greene Tract
E. Legal description of Greene Tract portion to be devoted to
solid waste
j -
i
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ry YuDlie OO` ¢�eh Coon[y�eM Heard, eei aC2�y that 9xxS& OF E'ER ry PUOUC a Ee rul this day aoa Dine oed w-. a e [a
Si CS u , ceepeceiwly, of [M guard of Coom:iaaLmme of [m Cum North
arol' nd CMt by, authority duly given Old a¢ the au[ of Orange gCOm[y,tNorth
Ctrelins, the foregoing in¢[rummt red aimed Sn tM County's uses by such Omit.
lulled "to its cotpvm:e reel eed 'treated br hurt Clack.
9
sachems OE' held lad official items of seal, this a� day of
999.
'C .
' �notaty ewavac
my emeaf.aieu sepite.. /6 -1. -63
arms OF
11 a d®wtify Hublic e£ .vs ch ccmuty and state, certify that }�A fG.V0. .Nam
Se.}Lya:1YY.— personally came hefote 1e this my and acknowledged that they are: the
Myorend xspe¢lvely, of t of CazNnm, N t hmllne. uW [hat
by evt Ue a e£ such T M foregoing in
C,'ct oeaby suchtllayor, eeeled vich i:a corpera[et.exlnand
et` ��\SR�. ¢ a o£fieiaz stamp nr seal. tm. ,L ear x �lido
9Mrif(.'UU�'� eery GW1•_e
My cemniaaion expiiea Il O 1oeOo /,
ATE OF HOUR CAaOfaw., Ogumg threats
gWllc of Such Cwu[y en State, certify that and tN
Rally came M5 this day me adwwled eMt 4Ery 11, the
of a o[Clels, oeepectiyla,o of CmP1l Hill, orth Camlfea. an Of Such TMO1. [be LacegoicO Sa¢t tlentd
Se5bynd (� ly 51v�ea6y NM the m1M sealed xith iittsCorparate S-41
actJ J�t�laQ�,�it'nabad CULT l stamp or reel, this t5 day of .,
rds� _Ma
[e p:,. PUBLA eU
a ... 2 T /T
C.. tali
ey con,....11 e.pera : _
T"eSAR 0= aaCS'eary Pvhlic of Much Cheery and state. I11tifY that arrue ry,wL4e MnL
p.N✓Flx'�1�Y}e✓ per ally t day and atlacvledged they the
Mayer and T respect valyfo - [he[ of Hilleboi rah Carolina, red
that ny authority duly g£w . the ¢uct Twm, theu£ovegoing i
was aignad 11 she Tam s mmtby euuh dayar, sealed with its co _ to ...I areaz
xwss6 mr n.na ew Official ee.mp or =,al, ui. /1" asr ez 4eY:Y .�sasu
I6ExI] �
w azy P,blic
.rcoms..i.o .,si:.c: >-.a_ wv-
I
is
exhibit A - Dmfinitione
For all purposes of this Agreement, the following terms have the
following meaniagm, unless the context clearly indicates otherwise.
-Advisory eesrd° means the Orange County Solid Wants Management
Advisory Board created Puraucnt to Part 7.
"AgreameaC°. seems this Agreement Ior Solid Waste Management, as
it may be duly amended and supplemented from time to time.
'Business Day- means any day other than a day an which national
banks are required or authorized to close.
-northers- means the Town of Carrboro, North Carolina.
-Chapel Wild- means the Town of Chap Gal. Hill, North Carolina.
'County' maam Orange County, North. }drOlina.
"County Manager' mans the Comty'e chief administrative officer.
"Cos ty Recyclable¢° means all materials processed by the County
for recycling and not diso sed of at System Management Facilities, an
the same may be established and amended from time to time under the
Solid Waste Management Plan and Policies.
-Existing system Assets- all System a
sets of the
Transfer Date, including, without means
limitation, the existing landfill,
all other land and buildings, all equipment, including rolling stock,
all licenses, permits and other governmental authorizations, all
contracts, all customer records, all bank and other business records,
and all cash and investments, including the capital reserve
only .maintained by Chapel -fill On behalf -o£ the Landfill Owners[
Group.
.Fiscal sear^ ==a the County's fiscal year beginning Culy 1, or
much other fiscal year as the County may lawfully establish.
-Governing means- means, for any Party, its governing hoard of
elected officials, as such governing board may be constituted from
time to time.
-Governmental Peas will mean any fee related to activities of the
System net is imposed directly and solely on the Pardee themselves,
other than the Mixed Solid Waste Tipping Fee. A possible example of
ugh a fee could be a fee imposed by the County on all the Parties
related to the County's Providing of processing for County Aecyclables
through the System.
14
-arcane Treat" Means the parcel Of land comprising amucsimately
163 acres lying south of Eubanks Road described in Plat Book 14, Page
143 and Plat Book 15, Page 130, Orange County Registry, as more
specifically described in Bzhibit D.
°yt13a1+oaougL^ means the Town of Hillpb0Yw9h, Worth Carolina.
-integrated Solid waste mavagmmt Plan' means the report
submitted pursuant to law to State authorities that described the
long-term plan for solid waste management, which the Caanty,
designated lead agency, filed m behalf of the County and the Towawe
The Parties have approved this Plan and adopted its framework by
solutions adopted (a) by Carrboro on June 24, 1997, (b) by Chapel
Hill on June 9, 1997, (c) by Hillsborough on Sune 17, 1997, and (d) by
the County on June 30, 1997.
'Material Financial dosage- means a n1oange, or series o- related
changes, made by the County to the Solid Waste Management Plan and
Policies that, ' n the detetmfnation of pay Town (provided that the
Advisory Board must 'verify such determination if so requested by the
County) , would have the effect of increasing by more than 15% the
direct monetary cost to such Town o[ all its solid Waste management
activities (such as fl solid waste collection) , when comparing (a) the
expected cost of such activities for the first full Fiscal Year
following the effective data of the change. Or Changes in question to
(b) the total cost for the Fiscal year .most recently completed prior
00 the effective date.
°Mixed Solid waste Sipping Pee° means the fee of that me
ass-ssed for disposing mixed solid waste at the existing landfill,say
successor to that fee, or any other fee assessed for the use Of System
Management Facilities related to the disposition of Solid Wants (such
as a s imposed for the use of transfer station o materials
recovery fmcility) .
.Other fteeyd shied° materials .which would otherwise
vatftute Solid Waste, but cannot
are t0 be delivered to gave other
entity and processed for recycling. For any material to constitute
Other Recyclables, however,' the entity to which the material is to be
delivered moat represent that such materials are intended to be
processed for use in new products. Material will net constitute Other
Recyclables, for ewnple, if the entity to which it is to be delivered
intends to re-deliver the material to other disposal facility
(such as a landfill or Incinerator) , whether or uch material is
intended to be subject to further processing before disposal.
-Parties. m e Collectively, the County and the Towns, and
-Perry, me any o a o£ them individually.
17
^Reimbv:ewevt Amount' means, (a) in the case of disposition to a
North Carolina local government that f also a Party, so long as chat
government devotes the transferred portion to public purposes, (a)
$600,023, being the original purchase price of the Greene Tract,
multiplied (b) by a fraction, the numerator o which is the number of
whole a of the Greene Tract being f disposed and the De nominator of
which is 169, plus (c) uncommenudei interest on the product of (a) and
(b) at the anneal rate of 6.00& from March 30, 1904, to the effective
date of any disposition, and (2) in the case of any other disposition,
the greater of either (a) the Reimbursement Fmouit to a North Carolina
local government that is also a Party, or (b) the net proceeds of a
sale after the costa of the sale are paid.
Igalid Waste' me all materials accepted by the County for
disposal at System Management Facilities, as the same may be
established and amended from time to time under the Solid Waste
Management Plan and Policies (subject to. the provisions of Part 2
which authorize the County to refuse NO accept for disposal any
material o r substance which the County rea`sooably determines is barred
from such disposal by any applicable Saw or regulation or the
restrictions of any permit) , other than County Recyclables.
'Solid Waste aanagemevt Plan and Policies' means, the combination
(a) the Integrated Solid Waste Management Plan, and all future
modifications of that Plan, which is the report submitted pursuant to
law to State authorities describing the long-term plan for solid waste-
ma_nagement, which the County, as designated lead agency, files an
behalf of the County and the Trans, bad (b) the solid waste management
Policies, Which are, collectively, all Policies related to the System
and coordinated solid waste management for the County, the towns and
the persons and orgaal2atloas in their juriedictiene, as the same may
exist from time to time (including all such policies in effect as of
the date of thin Agreement) The term 'Solid Waste Management Plan and
Policies- thereby encompasses all policy choices, as in effect from
time to time, related to the manareal gement a operation of the System.
'State' means the State of North Carolina.
'System' means all assets, including both real and personal
property, used from time to time in the conduct of the functions of
collecting and processing County aecyclablea, reducing solid Waste,
diapering of Solid Waste and maldung, composting e:W re-using solid
Waste, and includes both (a) the Existing System Masts and (b) all
Heys and investments related to such functions.
-System Debt- names all obligations for payments of principal and
interest with respect to borrowed money ncrred or assumed by the
County in connection with the ownership on operation of the system,
without regard to the to= of the transaction, and specifically
including lea n similar ing agreements which are required to
be capitalized accordance generally cepted accounting
,principles. System Debt i 'outstamdiage at all acimes after it as
issued or contracted until it is paid.
=system Employees- means employees of Chapel Hill directly
engaged in carrying out System business (bun expressly not including
employees of Chapel Hills sanitation department) .
-System Madagascar Facilities° named shade assets of the system
used to provide (a) final disposal of solid waste, including
construction Had demolition.waste, ouch as landfills, or (b( any other
handling or processing of materials placed in the custody of the
system, such as transfer stations, materials recovery facilities or
facilities for cleaning, sorting or other processing of recyclable
material:
°Eystam Revenue¢• users all amounts derived by the County from
the imposition of rates, fees and charges for the use of, and for the
services furnished by, the system.
.Toums. means, collectively, C2ibore, Chapel Hill and
Hillaborough.
^rrmsfet Data, mans the effective date.
19
Exhibit 9 -Additional Provisions
Amendments. This Agreement may be aedified or ended only by
itten amendments that are approved end signed on behalf of all the
Parties.
Notices.
(a) All notices or other COMMSELICatiSTs required Or Permitted by
this Agreement moat be in Writing
(b) Any notice or other conornb cation will be deemed given (i) oa
the date delivered by hand or (ii) on the date it is received ved by mil,
as evidenced by the date shown O a United States mil registered mail
receipt, in any case addressed as follows:
if to the County, as If to Canrboro, as
follows: follows;1
orange County Tow Of ,Carrboro
Attn: County Attn: Town
Manager Manager
300 South Cameron 301 West Main
St. St.
Hillsborough, NC Cartoons, NC
37278 27510
If to Chapel Hill, as If to HillaWrough, as _
follows: follows:
Town of Chapel Town of
Hill Hillsborough
Attn: Town Attn: Town Manger
Manager 137 North Churton
306 Worth St.
Columia 8t. Hillsborough, Me
Chapel Hill, NC 37278 -
27516
(c) Any Party may designate a different address for CoonadhatiOns
by notice given under this Section to each other Party.
(d) Whenever in this Agreement the giving Of notice is required, the
giving of such notice may he waived i writing by the Party entitled to
such notice, and i any such ease the giving n receipt of such
receive c wll not be condition precedent to the validity aof any action
taken in reliance upon each waiver. Wien this Agreement recuires that
70
notice be given t o e than one Party, the effective date of the notice
will be the last date oa which notice is deemed given to any xegaired
Panty.
No shire-Party Fene£eei.ries. Nothing expressed o implied in this
Agreement will give any person other tTan the Parties any rights to
enforce any provision of this Agreement Thar are no intended third-party
beneficiaries of this Agreement.
survival of Cavenarnew. All mats, representations: end
wourrecties made by the Parties in this Agreement shall survive the
delivery of this Agreement.
sevarability. If any provision a£ this Agreement shall be held
valid or une,forceable by any court Of competent jurisdiction, such
holding shall not invalidate or ender unenforceable any other provision
of this Agreement. 5
Entire Contract This Agreement] ncludiY the Exhibits,
titutea the entire agreement between the Parties with respect to its
subject matter.
Coun[ rte. This Agreement may be signed i several c unterPmrts,
ncluding separate c mterparta. Each will be he original, but all of them
together copetitute the same instrument.
Recordable Form. . As this Agreement limits the Parties' rights to
dispose of their respective ownership interests in the Greene 1Yact, eny
Party may c e this Agreement to be filed in the real property records in
the office of the Register of needs of Orange County:
withdrawal any Party may withdraw from thin Agreement (and thereby
cease to be a Party to this Agreement) Yon actiae given to all the other
Parties and subject to the following additional provisions:
(a) A withdrawal may be effective only upon the beginning CS
Fiscal Year. A Town may withdraw only with at least one years notice. The
County may withdraw only with at least two years, notice.
(b) No withdrawal will relieve a Party of its obligations under Part
2 so long as there is System Debt Outstanding: provided, however, that
System Debt first issued or ontracted after the date a Party gives notice
of withdrawal will be disregarded for the purposes. of this paragraph.
(c) No withdrawal will relieve any Party of its individual
liability, if any, under a ironmental. laws or otherwise, related to its
e
respective use or ownership of the System which may accrue Or which has
accrued prior to the effective data of such Party's withdrawal
21
Actions by a Party. Any references to approvals or other actions by
any party will be deemed to be references to actions taken by the Party's
Governing Board or taken pur uan[ to express, Specific direction given by
the Party's Governing Board.s
Horsed-Upon Procedures. The t e=, Conditions and procedures for
tranaferring employees and assets to the County as provided for.'by Part 1,
and for transferring the property described on exhibit a to the county as
provided for by 'Part 5, in all cases shall be as agreed upon by the
C ty, Carrbcro and Chapel Hill.
affective Pate: Term. This Agre ,ent Shell take effect as provided
e
in Part 1. Mis Agreement will continu in effect so long as there are at
leant two Parties to the Aereemen0. _
Responsibilities, The Advisory eoard'e responsibilities shall
include the following:
(a) To recommend programs, policies, expositions and reductions of
services, and other matters related to the operation of the System;
(b) To suggest amendments to the Solid Waste Management Plan sad
Policies;
(c) To provide advice to the County Manager for we in the County
Manager's developing the proposed annual budget for the System, to
review the budget. for the System as proposed by the County Manager to
the County's Povernisg Board, and to provide recommendations to the
County's Governing Board for the approval oramendment of the proposed
budget
(d) To e ceive and interpret for the County public input
- -
concerning
the System and the Solid Waste Management Plan and
Policies;
(e) To further such mission and goals for the System as the
County may adopt from time to time;
(f) To provide promptly to the County's Governing Body a
endatlon concerning any proposal far a change to rates, fees and
charges forwarded to the Advisory Board pursuers to this Agreement;
and
(g) Such other matters as any Governing Board or the county
Manager may request.
Members: Tarha. (a) Each Governing Board will appoint two
members to the Advisory Board a s practicable after the date Of
the execution and delivery of this soon
ASregment. Each Parry will notify.
all the other Parties of its appointments within ten Business pays
after making such appointments.
(b) Advisory Board mothers will serve staggered three-year terms.
TO provide for the staggered termse of the members, the initial
appointments by the Parties will he for the following terse:
Heaber A - Member 3
' County b years 3 .years
Tests= 2 years _ 3 "are
Chapel Hill 1 year 3 years -Hillsborough 1 year 3 years
23
(c) The first year of the term of each initial member of the
Adviaory Board shall be deemed to expire me June lo, G000.. Thereafter,
each year of the term of an Advisory Board member will run from July 1
through the subsequent June JO, but each me shall continue to
until uch member s successor has been member
appointed and
qualified for office.
Id) Each Party may select and appoint Advisory Board members in
its discretion, except that am employee of a Party may be appointed as
an Advisory Board member. shis Agreement in way acquires Chat any
member be an elected official of the appointing Party. Any elected
official of a Party appointed to the Advisory Board will be deemed to
be serving on one Advisory Board as a part of the individual's duties
of office, and will not be considered no be serving in a separate
office. Any elected official of a Party appointed to the Advisory
Board will cease to be a member of the Advisory Board upon such
individual's cessation of s elected official Of such Party
(whether or not such membe�s s will be been appointed and
cualified for office) , but such Party may teappoint such individual .to
the Advisory Board. Each member of Lhel Advisory Board (including
elected officials) serves at the pleasure of the appointing Party, and
may be removed at any time by the appointing Party, with or without
cause. '
(e) The Governing Board that appointed the person who vacated the
Advisory Board meat will fill any vacancy on she Advisory Board. In
the case of a ancy created during the term of a member, the
appointment to fill the vacancy will be macia for the remaining portion
of the term in order to preserve the staggered-term pattern.
procedures. The Advisory Board may adopt its own rules of
procedure not inconsistent with the rovfsi of this Agreement and
no[ inconsistent with the policies and procedures. governing the
various boards and commissions of the Governing Board of the County as
those policies BM procedures exist now and as they may be amended
from time to time by resolution of one Governing Board of the County.
The Advisory Board's proposed rules and procedures shall be presented
to the Governing Board of the County, for review and shall not be
effective until approved by the Governing Board ofthe County, but the
advisory Board's procedures shall include the following previsions:
(a) Each member of the Advisory Board will have o e vote, except
that the e
event of the absence of member, the other member
appointed by the same Party as the "Sent, member will be entitled to
set two votes, Any University member appointed pursuant to Part
shall have only one vote, and that vote shall not be cast in the
member-A absence.
24
(b) A numher, of affirmative votes equal to a majority of the
authorized number of Advisory Heard members will be necessary to take
any nation.
(c) The Advisory Hoard's Presiding officer will vote as a member
Of the Advisory Hoard, hat will have no additional or tie-breaking
vote.
(d) Repreaentativms Of a Party' that has given notice of its
withdrawal from this Agreement.will have no vote on any matters that
will affect the system beyond the effective date of such Party's
withdrawal, and as to any such matters such members will not b e fasted
to he within the authorized number of Advisory Hoard etchers for the
purposes Of subsection (b) ahove- -
25
t
All of the property described in the deed from Harold
Greene and wife, Sean Band W.P sled 99a and wife,
Katharine to the Town of Chapel Hill, the Town of
Carrboro and the County of Orange, which deed is
recorded at Hook 459, Page 340 of the Orange County
Registry.
Legal D099=intJOn Of 60 ko + Portion If
Greene Tract to be C
Property located in Chapel Hill Township, Orange County, North
Carolina and more particularly described as follows:
Beginning at an existing iron, CONTROL CORNER, which is the
northwest corner of the property herein described and which iron
is the northeast corner of property now of formerly owned by the
Town of Chapel Hill and others described in Deed Book 1437, Page
316 of the Orange County Registry which iron is located S 3B
deg. 18. 52" W 5,302.36' from U.S.G.S. MON HILLTOP (NAD.27) ,
thence from the beginning point the following courses and
distances: S 89 de¢ ¢3. 48° R 247.00' to an existing iron;
thence N 89 deg. 06' 52" E 1,023.94' to an set on the
astern limits of the Southern Railroad right-of-way, the
northeast corner of the property herein described; thence with
the western limits of said right-of-way S '23 deg. 08' 42" E
264.90' to an iron set; thence 5 32 deg. 03' 27" E 1,452.48' to
an iron set; thence S 08 deg. 11' 01° E 87.79' to a computed
point; thence 5 02 deg. 15' lY B 99.04' to a commuted point;
thence S 04 deg. 29' 22° W 101.09' to a computed point; thence 8
11 deg. 26. 24"' w 98.14' t0 a computed point; thence S 17 deg
10' 53" W 99.69' t0 a Computed point; thence 8 20 deg. 32' 23" W
99.46' to an set, a southeast corner of the property herein
described; thence leaving said right-of-way N 84 deg. 27' 59° W
510.28' to an n set, which i i8 located i an abandoned
roadway; thence N08 deg. 39. 41- E 586.39' to an
thence N 88 deg. 05' 28" W 1,423.93' to n set,iron
also in a n
abandoned roadway; thence along and with the abandoned roadway
26 deg. 50' IV W 149.08' to an iron set; thence N 60 deg. 28'
161 W 187.09' to an Bet; thence N 30 deg. 23. 00° W 191.82'
to a n 8°iron set; thence N 26 deg. 12' 3 W 70.29' to an
set; thence leaving the abandoned roadway N Be deg. 25' 220 E
144.24' to a existing iron; thence N 00 deg. 36' 48° W 903.18'
to the point and place of beginning and containing approximately
60.00 AC. GROSS by D.M�.�Dp.�, all as shown on the plat recorded of
Plat Book S/ ,_., Page of the Orange County Registry which
plat was prepared by Dale D. Faulkner, P.L.S. L-2176 and titled
°FINAL PLAT EXEMPT SUBDIVISION PROPERTY OF TOW.OF CHAPEL HILL
ET AL. ;° together with the right of ingress, egress and regress
to and the right to construct or have constructed the necessary
. -
track, siding and other facilities reasonably necessary toB
access the Southern Railroad rail system that lien within the
Southern Railroad right-of-way where that right-of-way adjoins
and abuts the property described here.
Agreement to Amend the Agreement
for Solid Waste Management
Orange County and the Towne of Carrboro, Chapal Hill and
Hillsborough hereby agree to emend the 'Agreement for Solid
Waste Management.-
1. By deleting the paragraph identified as ..Ace ins
RrMertv.' in Part 1 and replacing it with the following:
Monism Property, The County shall acquire real and
Personal property an 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 wants d rations, it
say, despite diligent efforts to explore alternatives,
settle upon the area on and proximate to the existing
Closed landfill site on Eubanke Road am the location for
additional solid waste facilities. The County states its
current intention not to acquire, andl its recommendation
that future COUGtY Governing Boarda not aconite, any of
the properties known as the Blackwood and Wunn properties
for System purposes.
2. By deleting the paragraph identified as "Effective
date." in _art 1 mad replacing it with the following:
Effectl e=«B The County will assume solid waste
management responsibility on the first day of the second
Orange County empl8yee pay period that follows the last
completed of the f¢llowing two events (1) the approval by
the governing bomrdd4of 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
r 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:
S. The Greene Tract will amain a landfill a s eat. Sixty
acres o£ the Greene Tract Will be reserved for Sysbes
purposes, and she 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 a c . The County y Use the
property described on Exhibit Ee ma for System pur poses. The
County states its current intention not to bury mixed
solid waste nstruction and demolition waste on any or
portion of the construction
Tract. The County - states its
recormandation to future County Governing Boston that the
County make no such burial. The deed to this property will
include 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 beet 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, 2DO1, 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 TAct Owners agree that among the issues
a
to be addressed jh the bargaining process (1) the
�
specific future u e, or ranges of use, to be made of the
remainder of the3 Greene Tract (including issues of
devoting differen4� Portions to different Uses; devoting
portions to public uses and the possibility ;of making
portions available for sale or private use) , and (1)
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 Oscar
shall (1) file any legal action or proceeding to force any
sale or division of the Greene Tract, or (3) enter into
any agreement to sell, mortgage or otherwise transfer all
or any part of its ownership interest in the Creams Tract,
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 fiction or
vroceeding to force any sale or division, of the Greene
Tract, or (2) enter into any agreement to sell, mortgage
Or otherwiae 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 o 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 'uorticn of the remainder of the Greene
Tract shall result An payment. to the County of the
Reimbursement Ambuttk for .deposit in the System entexprfse
fund.
• By replacing the date in the first paragraph of part
l with the fallowing: ^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 Sure
30, 2001. Thereafter, each year of the terns of an AdVisory
Board member will ran 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.
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. -
t
3 Z ?oa
Date Approved by
Govemiag Roard
A ETA CHANCE COUMM, NO 'CAROLINA
HYi
Brk e BoarM tt commissioners Chair, Boa d or Comrls oywrz
MIAM OF NORTH MOL
CCNAI. Means c
Cary IoAll of� CwneyM and thin inane. rd Cfy floc 'n (�,and
zV ✓'4aR�esFAPo a lly before It orsaaa ers Of Cre neat m ¢ ch any
Chi[ no t by "Charity v em[L v he not of of rnvCo boy,mowty'
Na evxeh
Caroline, m at by vuch[1[y dulp eivav add n the a of 0[enge Cowey, Neal
pmliva idConY Ul i attested b in [ Clerk.
a vwu by ech Guli,
sealed xi[ehlcc cogo[a[enaeal avL etce¢ce6 b/ each Clerk-.,' /
WrMoS6 W here and offieial ¢tamp or meet, Enna Q(]_ lay of yll¢ytk .
[SEMD)
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N otary,pba fn
Ny dcmniaalon expire.: 1a-19- 01:
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a ' QE One
IN WITNESS WHERSOF, the Town of Carrboro hes Caused this
Agreement to Amend the -Ag=e ent for Solid Waste Management to
be executed to itS.sm to by its duly authorized
officers. NN^^"'
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1 1911 Date Approved by
e //1 Governing Seemed
AMS(T: .a f�,P or CARFBOke. NC&TE C9&OLTNA
Sy.
Lae,.L CI Lr/
ell 1lj a . �IP�
Town Clerk
Mayor
Sr waeW rencASM, maxaW mmTS /t
axx I. a pocary ¢ublic of such county wed State, certify thatlM:.�.:ea, „GInYtt.
Swale,wd<� Ockwally tame best" me this my all mck:a leag.e that they are .n
Mayor and Ten clack, resveaisellyy, o w of eeesbocc, Worth actual, ca teat
ey aoteority duly.=i.. Fella ofsuch Coast the foackcieg ins rusty
Sn. the ow are aby such vayx, sal Fite its mapi to haul ana
/ ]buY clerk.
` c :d eM official stamp or SCSI, this 5"t say of
M/SLIC tx /
�Ay�E CO PSy? n what
explma. n �oe�z000 W
At
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IN WITNESS WHEREOF, the Town of Chapel Hill has caused
thin Agreement to Amand the Agreement for Solid Waste
management to be executed is its corporate name by its duly
authorized officers.
pox
Oe
Date A Approved by
_ Ocyaxniag Boexd
INN
ATTEST: 4 OF CHAFED HILL, NORTB OLINA
T ark �' m Mayor
�y =r
care] v.
o
F. .caall eF N AS X1 state, "relay that
Pere. Tess came before va [ca aof co elfull, North a aC Y a M
Clerk r.epe[[lad as Of the 1a seem 0apei a111. ert a g Ostru• vW
that by au[M[She auly given �ty ¢¢ the ac[ of eu[0 Row. the cooperate in rums
wa ¢tepee in the }wm a same ty eucp mayor. ¢reins rtte tca co[y sate .ee!eana ac
sasses M .er
»ua _ fat ecao¢ or seal, [hi¢ Gay of
6 aa, AoSARV '. yam(
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L o Cd =e.J l.Ns>••V Notary p.; POBL\O 'U e
1>j ce®iaeiry 9 OU Palia
I
IN WITNESS WHEREOF, the Town of Hillaborbugh has caused
this Agreement to Amend the Agreement toy solid Want, Management
to be executed in Its 00xOrate name by its duly authorized
officers.
o��OF HI4S6�o _ Q0/-/O:*Dd
Date Ap roved by
Mass a c cow :w Roaxd
U.," „ Y�WN OF ffiLLSBOR00U0H.. NORTH CQAROO-LINA
wn Clax H.
+.•lryJ CARO��,I` '-
ST&M OF FORM CoR •OBdPo�s1 som
wvsx ,/
Cary aut"C of ru omty =d State, Certify that 16 yy a/and
—Aa tr A.n'6YAw seasonally met,fex£ons all ...."fees than
syor and clerk, aaaa•cnoaly, of the of Ixnaaileforoueh, mane carols'.==are snaa
the hY autnorittanlY 91"n and as the Of Sachs xom, the oreeoioa hatrument wa
aimed in the T name by Inch Nayor.I.',led with its corporate Seal sna attested a
by uch Tom clerk.I e*
ea
my haM ana Official Ite,p or seal, this />K dny of e*ea
Ieeul
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My loomillion egar 7,/O..04
leg range ev\vdaa ecege.Cau
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