HomeMy Public PortalAbout07-13-1998 Regular Session
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MINUTES
HILLSBOROUGH TOWN BOARD
Ju]y 13, 1998
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on Ju]y 13,]998 at 7:30 PM in the
Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., Commissioners
Richard Simpson, Catherine Martin, Frances Dancy, and Evelyn Lloyd. Absent from the
Meeting was Commissioner Kenneth Chavious. Staff Present were Town Manager Eric
Peterson, Planning Director Margaret Hauth, Town Engineer Tom Hartye, and Town Attorney
Nick Herman.
Mayor Horace H. Johnson called the meeting to order at 7:30 PM.
1. PUBLIC CHARGE
Mayor Horace H. Johnson read the Public Charge.
II. ADDING ITEMS TO THE PRINTED AGENDA
There were no items added.
III.
AUDIENCE COMMENTS
A. Matters on the printed agenda
Myron Martin and Terri Mi]ich both requested to speak to Item IX.A.
B. Matters not on the printed agenda
There were no audience comments.
C. Mr. Emory Harris will address the Board to express concerns over the water rate
mcreases
Mr. Emory Harris appeared before the Board to convey his concerns regarding the water
rate increases. He noted that the increases have been going on for years to pay for a reservoir
that hasn't been built. He stated that he is on a fixed income and disapproves of the water rate
mcrease.
Mayor Johnson and Town Manager Eric Peterson explained the reasons for the water rate
increase. Manager Peterson noted that construction has begun on the reservoir.
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Mr. Harris asked the Board to consider possible water recycling and higher fines for
. watering lawn and washing cars. He thanked the Board for the opportunity to speak.
IV. APPROVAL OF THE MINUTES OF THE JUNE 8TH. 10TH 11TH. AND 29TH
BOARD MEETINGS
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to approve the Minutes of the June 8th, 10th, 11 th, and 29th Board Meetings as presented by
a vote of 4-0. The motion was declared passed.
V. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson presented his agenda report to the Board. Additionally he
noted that the Town is stepping up enforcement in Fairview and will most likely be brining some
Town Code amendments to the Board for their consideration addressing some of the issues
which are being found.
The Manager requested Board appro va] to miss the September Board Meeting and have
Town Finance Director Sherry Carter fill in for him at that meeting.
By consensus, the Board approved this request.
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VI.
REPORT FROM THE TOWN ENGINEER
Town Engineer Tom Hartye gave a status report on all current water and sewer projects.
Hartye highlighted the proposed Water Purchase/Transfer Agreement with the City of
Durham. He detailed current trouble with old water line on South Churton Street and asked the
Board's approval to bring in a contractor to assist with switching customers over to the new line.
By consensus, the Board approved this request.
VII. ITEMS FOR DECISION - CONSENT AGENDA
A. Consideration of Tourism Grant Application from the Preservation Fund of
Hillsborough to stabilize the foundation of the Cameron Ice House for an amount
up to $]4,500 (or lowest bid)
Commissioner Martin explained the Preservation Fund's grant application.
B. Consideration ofre-newing the Memorandum of Understanding with the Brough
Law Firm for Legal Services
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Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board
moved to approve the Consent Agenda as presented by a vote of 4-0. The motion was declared
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passed.
VIII. ITEMS FOR DECISION -- REGULAR AGENDA
A. Consideration of Resolution Endorsing the Railway Station Area Deve]opment
Guide]ines
Planning Director Hauth briefly described the guidelines and noted their usefulness in the
future as Hillsborough is slated to have a rail stop in the final phase of the plan.
Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board
moved to approve the Reso]ution Endorsing the Railway Station Area Deve]opment Guidelines
as presented. The motion was declared passed. A copy of the Reso]ution is hereby made a part
of these Minutes as an attachment.
B. Consideration of Water Purchase/Transfer Agreement with the City of Durham
Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board
moved to approve the Waster Purchase/Transfer Agreement with the City of Durham as
presented by a vote of 4-0. The motion was declared passed.
C. Receive Letter Requesting Voluntary Contiguous Annexations of Two Separate
Parcels ofland (TM4.5.A.17 and TM4.5.A.18)
Town Manager Eric Peterson presented the letter requesting annexation for the Board's
consideration.
Commissioner Lloyd expressed her concern about the impact to the water and sewer
system.
Manager Peterson noted that the staff did not have sufficient information from the
developer to evaluate that issue.
The Board received the letter of request and directed staff to prepare the Manager's
Annexation Feasibility Report for the August Board Meeting.
D. Consideration of a Reso]ution ofIntent Concerning the Ro]e of the "Schools and
Land Use Councils"
Upon a motion by Commissioner Simpson, seconded by Commissioner Dancy, the Board
moved to approve the Reso]ution of Intent Concerning the Role of the "Schools and Land Use
Counci]s" as presented by a vote of 4-0. The motion was declared passed. A copy of the
Resolution is hereby made a part of these Minutes as an attachment.
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E.
Discuss Possibility of Leasing Space at the Town's Inert Landfill for the
Installation of a Cellular Phone Tower
Town Manager Eric Peterson initiated a discussion regarding the possibility of leasing
space at the Town's Inert Landfill for the installation of a cellular phone tower. After some
discussion among the Board, and by consensus, the Board agreed to consider leasing property for
a tower and set a public hearing to receive comments from the neighborhood on the issue for
October 1998. The Board further agreed to pursue the attorney's recommendation for an upset
bid process for establishing a longer lease period.
F. Consideration of an Ordinance Amending Chapter 6, Section 6-37 of the Town
Code
Town Manager Peterson explained that this amendment is proposed in order for the
Police Department Bike Unit to patrol the downtown area.
Upon a Motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board
moved to approve the Ordinance Amending Chapter 6, Section 6-37 of the Town Code as
presented by a vote of 4-0. The motion was declared passed. A copy of the Ordinance is hereby
made a part of these Minutes as an attachment.
IX.
REPORTS
A. Receive Manager's Annexation Feasibility Report on the Parrish Tract Consisting
of Two Separate Parcels ofland (A 7.75 acre tract and a 119 acre tract).
Planning Director Margaret Hauth presented the Manager's Annexation Feasibility
Report on the Parrish Tract for the Board's Consideration.
Myron Martin spoke as President of the Wildwood Homeowners Association. He
reminded the Board of the storm water studies done in the area which highlighted deficiencies in
the constructed system. He also told the Board of development plans on the ridge behind
Wildwood and Centex which the owners were protesting with the County. He added that the
owners primary concerns are that the ridge not be developed so no additional run-off will flow
into their neighborhood.
Terri Millage passed around photos of her flooded backyard and asked the Board to
consider the impact of additional development on the existing residents.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Simpson, the Board
moved to accept the Manager's Annexation Feasibility Report on the Parrish Tract Consisting of
Two Separate Parcels ofland (A 7.75 acre tract and a 119 acre tract) as presented and called a
Public Hearing on July 28, 1998 for annexation and re-zoning by a vote of 4-0. The motion was
declared passed.
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By consensus, the Board instructed staff to request a Petition for Annexation from the
. property owners to be received before the Public Hearing.
X. CLOSED SESSION
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A. Closed Session to discuss property acquisition
Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board
moved to go into Closed Session to discuss property acquisition by a vote of 4-0. The motion
was declared passed.
XI. ADJOURN
Upon a Motion by Commissioner Simpson, seconded by Commissioner Lloyd, the Board
moved to adjourn at 9:08 PM.
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Respectfully submitted,
Donna F, Annbrister, CMC
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RESOLUTION ENDORSING THE STATION AREA DEVELOPMENT
GIDLDELINES
A motion was mad~ T AC Member tn& Lo..r=5c)<l , and seconded by T AC
Memberffiex: 2c....WOI\ for the adoption of the following resolution, and upon being
put to a vote, was duly adopted.
WHEREAS, on September 27, 1990, the Capita] Area Metropolitan Planning
Organization (CAMPO) and the Durham-Chapel Hill-Carrboro MPO (DCHC MPO)
Transportation Advisory Committees jointly adopted a Land Use and Transportation
Action Agenda; and
WHEREAS, the Action Agenda proposed the development of guidelines to promote
effective public transit services an~ directed the re~pective Technical Coordinating
Committees to monitor the development of related development guidelines and land use
plans; and
WHEREAS, the Triangle Transit Authority, in partnership with representatives of local
governments and regional organizations that are members of CAMPO and DCHC MPO
prepared the Station Area Development Guidelines adopted by the Triangle Transit
Authority Board of Trustees in December ]997; and
WHEREAS, the Station Area Development Guidelines are intended to broaden the
Triangle Community's understanding of the relationship between pedestrian-oriented
land uses and multi-modal transportation; provide a practical set of tools for use in
developing mixed-use, compact, walkable, transit-supportive development; identify
implementation tools and strategies that may be used to achieve more livable, walkable
communities; and facilitate the implementation of compact neighborhood, community
and rail station area development plans; and
WHEREAS, through the joint Federal Highway Administration, Federal Transit
Administration MPQ Certification Review Process, MPOs are requested to demonstrate
the manner in which National Initiatives such as Livab]e Communities and Walkab]e
America are incorporated into the MPO Planning Process; and
WHEREAS, federal funds are anticipated to be used to implement the Phase I Regional
Rail Service as well as other potential rail or fixed guideway service included in the
DCHC MPO Transportation Plan; and
WHEREAS, projects seeking federal discretionary funds for new transit fixed guideway
and extension projects ("new starts") under Section 5309 are rated by the Federa] Transit
Administration based on local fmancial commitment as well as a set of justification
criteria -- the Section 5309 New Starts criteria; and
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WHEREAS, the Section 5309 New Start criteria, revised in December 1996, include
"Transit Supportive Existing Land Use and Future Patterns," which measure the degree to
which local land use policies are likely to foster transit-supportive land use, in terms of
the kinds of policies in place and the commitment to these policies; and
WHEREAS, the "Transit Supportive Existing Land Use and Future Patterns" criteria
include six factors: existing land use, containment of sprawl, transit-supportive corridor
policies, supportive zoning regulations near transit stations, tools to implement land use
policies, and performance of land use policies; and
WHEREAS, the Station Area Development Guide]ines include information which is
consistent with factors included in the Transit Supportive Land Use and Future Pattern
criteria.
Now, therefore, be it resolved by: t~e I)urbam-Chapel HiII-Carrboro Urban Area
Transportation Advisory Committee that:
The Station Area Development Guidelines, December 1997, are hereby endorsed;
DCHC MPO member governments, agencies and organizations are hereby encouraged to
utilize the Station Area Development Guidelines as part of land use and transportation
strategies to develop more walkab]e, livable communities, reduce auto-dependence and
enhance air quality; and
DCHC MPO member governments, agencies and organizations are hereby encouraged to
develop small area, compact neighborhood and / or transit station area development plans
consistent with the Station Area Development Guide]ines.
This resolution shall be distributed to all DCHC MPO member governments, agencies
and organizations.
I, Beckv Heron, Transportation Advisory Committe,e Chair, do hereby certify that the
above is a true and correct copy from the excerpt from the minutes of a meeting of the
Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee, duly
held on the ] Oth day of June, 1998.
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Sign ure of the T AC ChaIr
Durham-Chapel Hill-Carrboro Transportation Advisory Committee
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STATE of North Carolina
COUNTY of Durham
I, Kimberley O. McCarter, Notary Public of Orange County, North Carolina do hereby
certify that Becky Heron personally appeared before me on the ] Oth day of June, 1998 to
affix her signature to the foregoing document.
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My co!11l'!li_~sion expire~ 7-4-20QL
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ATTACHMENT vrrr;B
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DURHAM
1 8 6 9
CITY OF MEDICINE
Slreel Engineering
Waler & Sewer Engineering
Storm Waler Services
Streel Maintenance
Waler & Sewer Mainlenance
560.4326
560.4326
560.4326
560.4312
560.4344
DIVISIONS
City of Durham
Department of Engineering
19191560.4326 FAX 19191560.4316 101 City Hall Plaza Durham. NC 27101
June 24, 1998
Mr. Tom Hartye
Town Engineer
Town of Hillsborough
P.O. Box 429
Hillsborough, NC 27278
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Subject: Agreement for Sale of Water Between
Hillsborough and Durham
Dear Tom:
Pursuant to our conversation a few days ago, please find enclosed a revised draft of the
subject agreement. Note that the second sentence of Section 5a has been amended in a manner
that, I believe, will address your concern. I will be out of town all next week in the event you
need to contact me further. If not, simply let me know how to set up the execution pages and I
will provide you with duplicate originals of the agreement.
Kenneth E. Wright, E, RLS
Assistant Director of
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AN EQUAL OPPORTUNITY I AFFIRMA TIVE ACTION EMPLOYER
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Agreement Between Hillsborough and Durham
Establishing Conditions for the Purchase of Water
This is an agreement between two parties -- the City of Durham (hereafter "Durham")
and the Town of Hillsborough (hereafter "Hillsborough"), both North Carolina municipal
corporations.
1. Statutory Authority and Purpose. This agreement is made pursuant to Article 20,
Part 1 of N.C.G.S. ~160A of the North Carolina General Statutes. The purpose of this
agreement is to establish, for each municipality, the terms and conditions for the sale
and/or purchase of treated water (hereafter "water") by either municipality and for the
conveyance of such treated water by either party as an intermediary or by a third party
to either of the parties to this agreement.
2. Term. The duration of this agreement shall be from July 1, 1998 until June 30,
2003. The term of this agreement may be extended beyond June 30,2003 if Durham
. determines that water can be made available for sale beyond that date.
3. Definitions. As used in this agreement, the terms below shall be defined as
follows:
a. The "seller" -- the provider of water supplied from the treatment facilities of
the provider;
b. The "buyer" -- the recipient of water from the seller through a direct
interconnection with the seller who then retains the water for its own use;
c. The "intermediary" -- the recipient of water from the seller through a direct
interconnection with the seller who then passes the water through to a user.
d. The "end user" -- the recipient of water through an intermediary where the
water is originally provided by the seller to the intermediary for conveyance to the
end user.
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The above terms, as sometimes supplemented by the term "party" as in "party seller" or
"party as seller" describe the different capacities in which the parties to this agreement
may act. However, these terms may also be used to describe the status of non parties
to this agreement where the context makes it clear that such is intended. The parties to
this agreement may act in more than one capacity -- for example, a party may act as
both a "buyer" and an "intermediary" if it receives water from the seller both for its own
use and to pass through to a third party end user.
4. General Conditions for Sale/Purchase/Pass Through of Water. Either party as
seller may deliver water to the other party as a buyer or as an intermediary and the
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other party shall pay for the water delivered. Where such water is being delivered to
the party as an intermediary, the intermediary is obligated to pass on to the end user an
amount that closely approximates the amount designated by the seller for pass through
to the end user if the seller has designated an amount. Either party is also obligated,
subject to the negotiation of necessary independent agreements, to deliver water to a
third party intermediary designated by the other party for conveyance to the other party
as end user. In this event, independent agreements that must conform to certain
provisions in this agreement will govern payment from the third party intermediary to the
party seller for water delivered, and payment from the party end user to the third party
intermediary for water passed through. Either party is also obligated, subject to the
negotiation of necessary independent agreements, to convey water as an intermediary
to the other party as end user from a third party seller designated by the other party. In
this event, the intermediary party will receive payment from the party end user pursuant
to this agreement, and will pay the third party seller pursuant to an independent
agreement with such party.
The quantity of water the party seller shall furnish for the benefit of the other party as
either buyer or end user shall be the Daily Amount and the Guaranteed Annual
Purchase, if such provisions exist in this agreement. In addition the party seller shall
furnish to the other party such amounts as are specified to be delivered to the other
party as intermediary pursuant to section 5 below. The seller shall use its best efforts to
deliver the Daily Amount, Guaranteed Annual Purchase, and additional amounts.
However, the seller's legal obligation to deliver these amounts is subject to the limitation
on remedies prescribed in this agreement. The seller may vary the water to be
delivered from the amounts specified in this agreement in response to requests made
by the designated representative, as defined below, in accordance with this agreement.
In the absence of a Guaranteed Annual Purchase, the seller shall have total discretion
to determine the quantity of water it delivers.
Durham and Hillsborough shall each designate in writing a person or persons to
administer requests for water under this agreement (the "designated representative").
Once designated, such person(s) may make and receive requests orally.
5. Conveyance of Water by a Party or Third Party Intermediary. The provisions of
this section #5 shall apply when either party acts as an intermediary in furnishing water
to a party or a third party end user or when a party as end user requests that all or a
portion of its water be delivered to a third party intermediary for further transfer to such
party as end user. This agreement contemplates, among other things, that when a
seller delivers water to an intermediary for pass-through to an end user, the
intermediary shall pay the seller, and the end user shall pay the intermediary.
a) Obligation to Pass Through/Amount. On the condition that appropriate contracts
with third parties are in place, a party intermediary will convey water through its
system to a party end user when such water is being supplied by a third party seller,
and will convey water supplied by a party seller to a third party end user. The party
intermediary is only obligated to pass through water where the quality of the water is
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satisfactory, the conveyance does not negatively impact the intermediary's service
to its customers and the end user is in compliance with the terms of its contract with
the party intermediary, including payment. The party intermediary will use its best
efforts to pass through the amount the seller has designated as intended for delivery
to an end user.
b) Rates for Water Delivered by Party Seller to Party Intermediary. When a party seller
delivers water to a party intermediary, the intermediary will pay the seller at the rates
established in this agreement for all water delivered to it, whether it is retaining the
water as a buyer for its own use or passing the water through to third party end
users. If the seller designates amounts for delivery to one or more end-users, then
the rates shall be calculated based on the separate amounts intended for each
ultimate recipient, as if each recipient were receiving water directly from the seller.
The seller shall allocate the total amount it has delivered to the intermediary for the
month amongst the ultimate recipients and the intermediary shall pay the seller the
charges based on such allocated amounts. Accordingly, the charges will include,
among other things, a Minimum Monthly Payment for each recipient subject to such
a charge if that recipient has not requested the Minimum Monthly Purchase for a
given month.
c) Rates Charged by Party Intermediary to Third Party or Party End User. When a
party seller furnishes water to a party intermediary for pass through to a third party
end user, the party intermediary will charge the end user no more than the rates
established in this agreement, plus the intermediary's additional costs of passing
through the water. Any amount the intermediary conveys to the end user in excess
of the amount furnished by the seller for pass-through to the end user may be billed
in accordance with rates agreed to by the end user and the intermediary. All costs
associated with the pass through of water, including but not limited to extra
pumping, valve operation, flushing, treatment costs, and administrative and other
costs, shall be paid to the intermediary by the end user pursuant to agreement
between the intermediary and such end user. When a third party seller furnishes
water to a party intermediary for conveyance to a party end user, the party
intermediary may only charge the party end user the seller's charge for such water
and the additional costs associated with passing through such water as described
above. Such charges and the payment for such charges may be agreed to without
formal modification of this agreement through written assent by the City or Town
Manager of the parties to this agreement.
d) Use of Third Party Intermediary. When the parties use a third party intermediary for
the pass-through of water, each party shall designate the identity of that
intermediary as provided below and shall have independent agreements with such
intermediary prior to the party seller's delivery to the intermediary of any water
intended for the party end user. Both parties shall have the right to review the
agreement between the other party and their designated intermediary at any time.
When the end user wants the seller to supply water, the end user shall notify the
appropriate officials of both the seller and the designated intermediary who shall
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then coordinate the pass through of the water. The agreement between the seller
and the intermediary shall require, among other things, that such intermediary is
subject to the obligations of a party intermediary as set forth in this section (5). The
agreement between the end user and the intermediary shall require, among other
things, that the end user will promptly pay the intermediary charges billed by the
intermediary for water furnished by the seller and conveyed by the intermediary to
the end user, and that the charges for such water are the rates established in this
agreement plus pass-through costs.
e) Designation of Intermediary and Amounts to be Delivered to Such Intermediary.
This section applies where it is anticipated that either party shall be designated by
the other party as an intermediary to convey water from the other party as seller or
to the other party as end user, or where either party will use a third party
intermediary to pass through water furnished by the other party as seller. The
designations in this subsection may be made in the first instance, or changed, by
written notice from the City or Town Manager of the party making the designation to
the other party without formal modification of this Agreement. The amount of water
to be delivered to the intermediary may be changed by notice from the requesting
party's designated representative to the receiving party's designated representative.
Changes as to amount that are anticipated to be in effect for more than 30 days
must be made in writing.
Designation by one party of the other party as an intermediary obligates the
intermediary party to pay the party seller under the provisions of this agreement, or if
the seller is a third party, to negotiate an independent contract with such third party
seller in which the designated intermediary will pay such seller for water provided.
Designation by one party of a third party as intermediary obligates the party seller,
within the limitations of this agreement, to negotiate an independent agreement with
such third party for payment for water delivered to such third party.
Hillsborough designations:
Hillsborough does not currently designate Durham to serve as an intermediary.
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Durham designations
Durham designates Hillsborough to serve as an intermediary for water it is
furnishing to Orange-Alamance Water System, Inc. as end user. Durham specifies
that the amount to be delivered to Hillsborough as intermediary is variable.
f) Allocation of Water Received by Party Acting as Both Buyer and Intermediary.
Where water is received by a party to this contract as both buyer and intermediary,
such water may be allocated as set forth in this subsection. Such allocations may
be changed upon notification from the seller's designated representative to the
buyer/intermediary's designated representative, and as confirmed in billing from the
seller. If the allocations are anticipated to change for more than 30 days, such
notice shall be in writing. ALLOCATIONS -- NOT APPLICABLE.
6) Water Conservation. During any time that the customers of the seller are under
water use restrictions and water is being supplied to a party as buyer or end user, the
party buyer or end user agrees to impose restrictions at least equal to those imposed
by the seller.
7) Water Charges. The charge, exclusive of pass-through costs, for water furnished by
a party as seller to the other party as either buyer or intermediary or both, is as set forth
in this paragraph. The charge shall be 1.2 times the prevailing Durham inside water
rate (that rate charged to customers of the City system residing within the City limits) for
any amount purchased up to 120% of the Guaranteed Annual Purchase. The charge for
any amount purchased in excess of 120% of the Guaranteed Annual Purchase, or in
the event there is no Guaranteed Annual Purchase, shall be 1.45 times the prevailing
Durham inside water rate. No capital facility fees, availability fees, or other fees and
charges shall be applicable. If a Guaranteed Annual Purchase has been established,
throughout the duration of this contract, a Minimum Monthly Payment shall be made by
the buyer (where the buyer receives water directly from the seller for its own use) or by
the intermediary (where the intermediary receives water from the seller to pass through
to a user) which shall be calculated on the basis of a Minimum Monthly Purchase that is
calculated as follows:
Minimum Monthly Purchase = 1/12 (80% x Guaranteed Annual Purchase)
This Minimum Monthly Payment shall be made even where the buyer or intermediary
has chosen to terminate this contract. If the amount of water requested by the buyer
and delivered to the buyer or requested by the party end user and delivered to an
intermediary in any month is less than the Minimum Monthly Purchase, the Minimum
Monthly Purchase shall be deemed to be the amount of water delivered and, when paid
for, shall be counted as part of the total amount of the Guaranteed Annual Purchase
delivered as of that point in time. For the first and last month of this agreement, the
Minimum Monthly Purchase shall be prorated based on the portion of the month that
the agreement is in effect.
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8) Guaranteed Annual Purchase. Hillsborough agrees that, throughout the duration of
this contract, Durham shall deliver to Hillsborough as a buyer a yearly quantity of water
known as the Guaranteed Annual Purchase. The Guaranteed Annual Purchase
amount shall be the Daily Amount multiplied by 365 days. The Daily Amount shall be as
follows:
From date of this agreement until June 30,2003 - uncommitted
The Guaranteed Annual Purchase may be increased subject to a determination by
Durham that such increase is available for sale to Hillsborough. Any such increase shall
not be effective unless provided for by a formal amendment to this agreement. It is
further understood that Durham is not expected to furnish water during any 24 hour
period at a rate in excess of the Daily Amount divided by 1440.
The Guaranteed Annual Purchase which Durham agrees shall be delivered by
Hillsborough shall be zero.
9) Determination of Amount Delivered. The amount of water a party as seller delivers
to a party buyer for which the buyer shall pay the seller shall be measured by the
seller's meter located at or near the interconnection point between the seller and
buyer's systems. The amount of water a party as seller delivers to a party intermediary
for which the intermediary shall pay the seller shall be measured by the seller's meter
located at or near the interconnection point between the seller and intermediary's
systems. The seller's meter shall be read periodically by the seller and these meter
readings shall be conclusive. When a party receives water as an end user through a
designated third party intermediary the amount of water delivered shall be as
determined by independent agreement between the party user and the third party
intermediary.
10)Nondelivery of Requested Water. (Applicable when there is a Guaranteed Annual
Purchase.) It is understood that the seller may reduce or suspend the delivery of water
to the buyer or to the designated intermediary in the event of emergencies, water
shortages, equipment problems, or other events or conditions that reduce the amount
of water available for sale or the seller's ability to deliver such water. In addition, the
seller may suspend the delivery of water to the buyer in the event that the buyer does
not pay the seller for water delivered directly to the buyer, or may suspend delivery of
water to the designated intermediary in the event that the intermediary does not pay the
seller for water delivered to the intermediary. In the event the seller is unable to provide
the party buyer or party end user with the daily amount, but the party buyer or party end
user has requested such amount, the Guaranteed Annual Purchase may be reduced, at
the discretion of the party buyer or end user, by the amount of the shortfall. If such
reduction is desired, the party buyer or end user must notify the seller within 30 days of
the time the shortfall has occurred.
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11)Billing/Payment. Each party, when acting as a buyer and/or as an intermediary, will
pay the party seller for water received as a buyer and for water received as an
intermediary in accordance with this agreement and each party when acting as an end
user will pay the designated third party intermediary for water received from the
intermediary in accordance with this agreement. Billing shall occur on a monthly basis.
The seller shall add a late payment fee of one (1 %) percent per month to the amount
due for any payment made more than twenty (20) days after the billing date. The party
seller shall bill the party buyer for water the seller delivers to the buyer. The party seller
shall bill the party intermediary for water the seller delivers to the intermediary for
conveyance to a third party end user, and shall bill the designated third party
intermediary for water the seller delivers to that intermediary for conveyance to a party
end user. The charges to an intermediary shall be in accordance with the provisions of
Paragraph 5 above.
12) Indemnification. The seller shall not be liable to the buyer, to the end user, or to the
intermediary, or to any person, firm, corporation, municipality, or other water consumer
for failure to supply a sufficient quantity or quality of water under this agreement or from
failure to comply with any State or Federal standards relating to drinking water.
Notwithstanding the references to third parties in this agreement, the seller shall not be
liable to those parties for any obligations within this agreement and shall not be
obligated to enforce any requirements imposed by this agreement or by any
independent agreement with third parties. A party receiving water as a buyer or as an
end user under this agreement ("the indemnifying party") shall indemnify a party seller
and its officials, agents, and employees from and against all claims, judgments, costs,
damages, fines, penalties, interest, and expenses (including but not limited to attorney's
fees) imposed against such seller that arise from or in connection with the indemnifying
party's receipt or nonreceipt of water pursuant to this agreement.
13) Regulatory Compliance. In the event that the seller delivers water directly to a party
as buyer, the party buyer shall beJesponsible for securing any necessary Federal or
State approvals and for compliance with any applicable Federal or State regulations
relating to the transfer of water. The party end user shall assume this obligation in the
event that the seller delivers water to a third party intermediary for conveyance to a
party end user.
14)Breach and Remedies for Breach. Substantial breach of the terms of this
agreement by one party is grounds for unilateral termination by the other party,
amongst other remedies, provided that the terminating party has given 90 days' written
notice to the breaching party and the breaching party has not cured the breach during
that period. A party seller's inability to deliver the Guaranteed Annual Purchase or
Minimum Monthly Quantity shall not be considered a breach. However, if the party
seller is unable to deliver the Minimum Monthly Quantity for any four months in an eight
month period, a party buyer or party end user may unilaterally terminate this
agreement. A party's remedies against a party seller, if the party seller does not deliver
water as provided in this Agreement, are limited to termination as described herein and
nonpayment for water the seller has not delivered. The failure of a third party
7
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465
intermediary to perform as required through independent agreements shall not be
grounds for unilateral termination by either party, except that the seller may terminate
this Agreement or suspend delivery under this Agreement if the third party intermediary
does not make timely payment to the seller for water the seller has delivered to the
intermediary for conveyance to a party end user. Except as limited by specific
language in this paragraph, the enumeration of remedies in this paragraph is not
exclusive
15)Amendment. Where this agreement provides for a Guaranteed Annual Purchase,
then this agreement may be modified or terminated by subsequent written agreement of
both parties. In the absence of a Guaranteed Annual Purchase, the agreement may be
modified by written agreement by both parties and may be terminated upon written
notice by either party.
16) Forum. Any litigation arising out of this Agreement shall be determined in the courts
in the county of the party bringing the suit. A party adjudged by the court to be in breach
of this agreement shall pay the reasonable attorney's fees of the other party related to
enforcing this agreement.
TOWN OF HILLSBOROUGH
ATTEST:
Evelyn C. Lumley, Town Clerk
Gordon Cromwell, Mayor
CITY OF DURHAM
ATTEST:
City Clerk
City Manager
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466
STATE OF NORTH CAROLINA COUNTY OF
I, , a notary public in and for the aforesaid county and
state, certify that Gordon Cram'Nell, Mayor of the TOWN OF HILLSBOROUGH,
personally appeared before me this day and acknowledged, by authority duly given, the
execution of the foregoing contract with the City of Durham. This the _ day of
,19__.
My commission expires:
Notary Public
STATE OF NORTH CAROLINA COUNTY OF
I, a notary public in and for said county and state, certify that
personally appeared before me this day, and acknowledged that she is
City Clerk of the CITY OF DURHAM, a municipal corporation, and that by authority duly
given and as the act of the City, the foregoing contract was signed in its corporate
name by its City Manager, sealed with its corporate seal, and attested by
herself as its said City Clerk or Deputy City Clerk. This the_ day of
19
My commission expires:
Notary Public
9
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'.j I~
4h7
, I
This instrument has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act.
This theJ:W\ day Of~' 19jf.
TOWN OF HILLSBOROUGH FINANCE OFFICER
This instrument has been preaudited in the manner required by the Local Government
Budget and Fiscal Control Act.
This the _ day of
,19_"
CITY OF DURHAM FINANCE OFFICER
]0
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46S
A RESOLUTION OF INTENT CONCERNING THE ROLE OF
THESCHOOLSANDLANDUSECOUNCaS
WHEREAS, the Orange County Board of Commissioners and municipal
governing boards make land use and development decisions that can
increase the numbers of school children; and
WHEREAS, the Orange County Schools Board of Education and Chapel Hill-
Carrboro City Schools Board of Education are responsible for school policy
and school buildings; and .
WHEREAS, the Board of County Commissioners with approval of the other
jurisdictions has established Schools and Land Use Councils (one for each
school district) to advise on issues concerning growth and land use issues
relating to schools; and
WHEREAS, the Schools and Land Use Councils are composed of elected
representatives from the Orange County Commissioners, Carrboro Board of
Aldermen, Chapel Hill Town Council, Hillsborough Town Board of
Commissioners, Chapel Hill-Carrboro City Schools Board of Education,
and Orange County Schools Board of Education; and
WHEREAS, the Schools and Land Use Councils are charged with developing a
coordinated plan for approving developments, accounting for the impact of
the developments on school capacity, siting schools, and building schools to
meet demonstrated need in a timely manner; and
WHEREAS, the Schools and Land Use Councils began meeting on a bi-monthly
basis in October 1997 to fulfill their charge;
NOW, THEREFORE BE IT RESOLVED that the Schools and Land Use
Councils have instructed their respective staffs to create initially face-to-face
methods of information sharing through periodic meetings to be followed
ultimately by electronic processes of data transfer and analysis resulting in:
a.
A coordinated system of information-sharing whereby each jurisdiction will
be connected into the decision points of other jurisdictions as they relate to
'j
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A {;: 1
major decisions on individual development issues as well as cumulative
development issues; and
A process that elevates these outcomes of information to the board level of
. each jurisdiction so that board consideration can be made on issues such as
the following:
b.
. capital improvement plan and potential for joint capital plans
. plans for infrastructure
. siting schools with other public facilities
. siting schools appropriately in a development or in a geographic area
Approved by the members of the councils:
Schools and Land Use Council for the
~oro ~chools District
'1tI'13
Nick Didow I ate
Chapel Hill-Carrboro City Schools
Board of Education
\-\...'" ~ 1.-. L...,,~ I., \ 3 \"If>
Harvey oldstem Date
Chapel Hill-Carrboro City Schools
Board of Education
'I ~'^- )L\--- %t~
Hank Anderson
Carrboro Board of Aldermen
4J~5;41l 6/3/?1
Allen Spalt / Date
Carrboro Board of Aldermen
Schools and Land Use Council for
the Orange County Schools District
~~~'~;y'f8
Bob Bateman Dat
Orange County Schools
Board of Education
jJl~ k,.- c,(0'?
Delores Simpson 'Date
Orange County Schools
Board of Education
1it Q/I~ &/~/7'f
en ChavlOus Date
Hillsborough Town Board of
co~ ~
_~ t(;/fB
Steve Halkiotis D{te
Board of County Commissioners
.
.
.
Schools and Land Use Council for the
Chapel Hill-Carrboro Schools District
( con't.)
~ ~ '/3/9<6
Alice Gordon I Date
Board of County Commissioners
~h..,.9~
c,/c3I1~
dat~
Lee Pavao
Chapel Hill Town council
~' Mc~+'ch
J ie Andresen 1vt c. ~ /-oe. t Date
Chapel Hill Town Council
,/.3198
I !
.'71)
q ~ .-
Schools and Land Use Council for the
Orange County Schools District
?1t~ ~...~
Margaret .. Brown -
Board of County Commissioners
-
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.
..
.
ATTACHMENT VIII.F
471
AN ORDINANCE AMENDING SECTION 6 OF THE TOWN CODE
OF THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
ORDAINS:
Section 1.
Section 6-37 (f) of the Hillsborough Town Code is hereby amended to read:
(f) The provisions of this section do not apply to:
1. wheeled conveyances used to transport small children by others,
or;
2. wheeled conveyances, motorized and otherwise, used by physically
disabled persons, or;
3. wheeled conveyances, motorized and otherwise, used by sworn
Law Enforcement Officials in the line of duty. (PROPOSED
AMENDMENT 07-13-98)
Section 2.
All Provisions of any Town Ordinance in conflict with this Ordinance are
repealed.
Section 3.
This ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote, received the following vote and
was duly adopted this /3>'11 day of :J Jy I / tlf Y .
Ayes: L
Noes: fr
Absent or Excused 1-
~~~