HomeMy WebLinkAboutAgenda - 02-17-2004-5aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 17, 2004
Action Agenda
Item No.
SUBJECT: City of Mebane -Orange County Service Area Agreement for Buckhorn EDD
Area
DEPARTMENT: BOCC, County Manager, PUBLIC HEARING: (Y/N) No
County Attorney, & Planning
ATTACHMENT(S):
1. Resolution Approving an Interlocal
Agreement
2. Interlocal Agreement
3. Map and Table of the Area
INFORMATION CONTACT:
John M. Link, Jr„ County Manager, ext. 2300
Geoffrey Gledhill, County Attorney
Craig Benedict, Planning Director, ext 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To adopt a resolution approving an interlocal agreement between the City of
Mebane and Orange County providing for Mebane utility service areas within Orange County's
planning jurisdiction in the I-85/Buckhorn Economic Development District (EDD) area,
BACKGROUND: The I-85/Buckhorn EDD area was designated in 1994 on the land use plan,
It was carved out of an area that had been designated as a Commercial/Industrial Node in the
mid 1980s, The area encompasses approximately 1000 acres and is shown on the attached
map and table. Sewer and water utility service is necessary in Areas 1 a and 2a of the I-85/
Buckhorn EDD area to provide development opportunities within the EDD area. Sewer and
water utility service will be available in Area 1 b to provide development opportunities in an area
designated as a Commercial/Industrial node in the land use plan. Sewer and water service is
necessary in Area 3 to provide relief for the septic system problems experienced by the people
living in that area as advocated by the "People for Progress", The proposed interlocal
agreement between Orange County and the City of Mebane provides a means by which
development of the EDD can occur while protecting the interests of both jurisdictions. Orange
County Middle School #3 is proposed to be located within the I-85/Buckhorn EDD.
FINANCIAL IMPACT: There are no immediate financial impacts associated with approval of
the resolution. There are, however, future yet-to-be-determined financial impacts for both
jurisdictions associated with the extension of water and sewer and other services and the
subsequent development in the EDD.
RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution.
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MEBANE, NORTH CAROLINA AND
ORANGE COUNTY, NORTH CAROLINA
PROVIDING FOR MEBANE PUBLIC WATER AND SEWER SERVICE
AREAS
WHEREAS, the City of Mebane is in part located in Orange County; its extra-territorial
planning jurisdiction is also in part located in Orange County; and
WHEREAS, in 1999, the City of Mebane and Orange County began discussions to
pursue elements of cooperative planning in areas of mutual interest; and
WHEREAS, cooperation and communication between governments are important
facets of quality land use development and effective government; and
WHEREAS, as a result of the discussions, a 1999 resolution of agreement regarding
satellite annexations was approved; and
WHEREAS, ongoing cooperation since then has fostered continued dialogue regarding
land use and utility planning in the area of western Orange County near
the City of Mebane; and
WHEREAS, Orange County's land use and zoning plans designate areas near
Buckhorn Road and I/85 - I/40 as an Economic Development Districts
which is compatible in use with existing industry in the area and intended
to promote a high quality pattern of non-residential growth; and
WHEREAS, some existing homes and churches in the area have been reported to
have fragile well and septic systems; and
WHEREAS, development activity in the I-85/Buckhorn Road EDD has not occurred
because of a lack of public water and sewer; and
WHEREAS, Orange County wants to partner with the City of Mebane to make possible
the installation of public water and sewer in a part of the I-85/Buckhorn
Road EDD and to Commercial/Industrial nodes in the vicinity of the I-
85/Buckhorn Road EDD to provide public water and sewer service to
existing homes, where possible, and make available public water and
sewer service to new economic development activity; and
WHEREAS, Orange County has obtained a $900,000 grant from the federal
government to install a primary sewer system in the area; and
WHEREAS, research shows that the City of Mebane is a logical choice as a public
sewer and water provider based on its proximity and technically sound
infrastructure and available capacity to provide potable water, sewer
treatment and fire suppression system pressures; and
WHEREAS, an interlocal agreement can set the limits of utility service, so areas will be
clearly delineated where public water and sewer systems will be available
and where they will not be available; and
WHEREAS, the development process is intended to occur under Orange County's
EDD Design Guidelines and/ar zoning regulations while under Orange
County's jtarisdiction employing a collaborative courtesy review process
with the City of Mebane; and
WHEREAS, pursuant to the interlocal agreement, property owners/developers
desirous of public water and sewer will sign a utility agreement with the
City of Mebane; and
WHEREAS, properties not within the City of Mebane are subject to City of Mebane 'out
of town' rates far water and sewer service; and
WHEREAS, Orange County has a role in helping locate schools on appropriate sites
having desirable characteristics such as compatibility with County land
use planning and having readily available public water and sewer utility
services; and
WHEREAS, the Orange County Board of Education has identified the
Efland/Cheeks/Mebane community as the area where a new middle
school would best meet the needs of the school population in the school
district; and
WHEREAS, the Orange County Board of Education has identified a potential school
site within the I-85/Buckhorn Road EDD and adjacent to the core
elements of a proposed wastewater collection system intended to serve
the I-85/Buckhorn EDD; and
4
WHEREAS, the projected opening far a new Orange County Schaals middle school
puts time constraints on school site acquisition, school design, school
construction activities and whatever utility construction is required to
ensure that water and wastewater utilities are available to the site; and
WHEREAS, such an Interlocal Agreement is in the best interests of the citizens of the
City of Mebane and the citizens of Orange County.
NOW, THEREFORE BE IT RESOLVED, that the public water and sewer service
agreement, a copy of which is Exhibit A hereto, is, subject to final review and approval
as to legal form by the County Attorney, approved. The Chair and the Clerk to the
Board are authorized to sign the agreement in its final form.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing resolution was adopted this the day of
2QQ4.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2QQ4 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
2QQ4.
WITNESS my hand and the seal of said County, this day of ,
Clerk to the Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
UTILITY SERVICE AGREEMENT
THIS AGREEMENT made and entered into this the day of ,2004, by
and between The City of Mebane, a North Carolina Municipal Corporation (hereinafter
sometimes referred to as "the City" or "City") and The County of Orange, a political
subdivision of the State of North Carolina (hereinafter sometimes referred to as "the
County" or County").
WINESSETH:
WHEREAS the City of Mebane as an incorporated municipality operates a public water
supply and distribution system and a public waste water collection and treatment system
(sanitary sewer); and
WHEREAS there exists in defined areas of Orange County a need to extend water and
sewer treatment services to unincorporated areas of the County to provide such services
to a proposed public school facility, public recreational facilities, defined areas where
residential uses aze permitted, and to a portion of an area designated on the Orange
County Land Use Plan as the I-85Buclchorn Road Economic Development District; and
WHEREAS the County is willing to install the necessary connections to the Mebane
water and sewer systems and to install the outfall lines, water mains and related facilities
including sewer lift stations as required for said service;
NOW, THEREFORE, the Parties, in consideration of the mutual covenants herein
contained agree as follows:
Service area. The azea to be served includes an azea designated a
"C.ommerciaUIndustrial node" on the Orange County Land Use Plan located
on the south of I-85/I-40, a portion of the I-85Buclchorn Road Economic
Development District. Said areas are identified as "1 a," "]b," " 2a" and " 3" on
the map attached hereto as Exhibit A, said map being incorporated herein by
reference. The service area thus created contains a number of existing
residential structures and one or more churches presently served by well and
septic systems which will he eligible to be connected to the public water and
sewer systems that aze the object of this agreement.
2. Construction of facilities. Orange County shall, at no expense to the City of
Mebane, be responsible for the construction of the necessary water mains,
sewer outfall lines and lift stations necessary to service the areas described
above. Connections to the existing City systems will be made at points
mutually agreeable to the parties. The County shall be responsible for
securing the necessary permits, encroaclunent agreements, and approvals for
the project from any regulatory agencies as shall be applicable. The City
agrees to co-operate and assist the County as requested in the securing of said
permits, approvals, and encroachment agreements, All such lines and
facilities shall be constructed to existing City of Mebane standards. Plans and
specifications shall be reviewed and approved by the City Engineer prior to
awarding contracts for construction,
Ownership and Maintenance. Upon completion of the improvements
described above, County shall by appropriate instrument transfer ownership of
same and any easements or lift station sites to the City of Mebane, From and
after said transfer, the City shall be responsible for all upkeep, operation and
maintenance of the lines, lift stations, and related facilities; such upkeep,
maintenance and repair or'replacement to be at the sole cost and expense of
City.
4, Service Standazds. Upon completion of said facilities, City agrees that it will
provide water and sewer service to the service azea. Said service will be
provided utilizing water and sewer rates uniformly applied within Mebane's
service areas to properties similarly situated. Connected properties maybe
charged normal hook up or tapping fees, and connection or impact fees but
will not be charged any assessment or fees in lieu of assessment designed or'
intended to recoup construction costs. Individual connections other than
existing residential uses or the public uses described above shall be subject to
the approval of the City of Mebane; Provided, however, such approval shall
not be unreasonably withheld and shall be based on the capacity of the system
and the ability of the City's water and sewer system to provide service within
the entire service area of the City's water and sewer systems, consistent with
the resources available to the City, The City acknowledges that industrial and
commercial uses are designed for inclusion within the I-85Buckhorn Road
Economic Development District and that such uses, if permitted by the
County, will be served sul?ject only to capacity issues, Individual users will be
required to comply with system-wide regulations applicable to City water or
sewer customers. Provided, however, applications far service for property
located east of Buckhorn Road within the service area shall not be required to
be accompanied by an application to the City for annexation into the corporate
limits of the City.
5, Planning Standards. Each party to this Agreement shall retain such planning
and regulation of development powers and authority within the service azea as
shall now exist or aze hereafter expanded or modified by North Carolina
Statutes and agreements made from time to time by the City and County
which agreements aze authorized by North Carolina Statutes. Nothing
contained herein shall be construed to limit or to expand any such regulatory
or planning,jurisdiction or to limit the power of the City to annex into its
corporate limits properties within the service area.
6. Additional Documentation.. The parties agree to execute such other and
further documentation or agreements as shall be necessary or desirable in
effectuating this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
THIS AGREEMENT entered into this day of
Chair, Orange County Board of Commissioners
ATTEST:
Clerk to the Board of Commissioners
Mayor, City of Mebane
ATTEST:
City Clerk
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