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Home My Public Portal About07-14-2003 Regular Session . 297 Minutes Hillsborough Town Board July 14,2003 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on July 14, 2003 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Mike Gering, Mark Sheridan, Evelyn Lloyd, and Kenneth Chavious. Staff present were Town Manager Eric Peterson, Town Engineer Kenny Keel, Assistant Town ManagerlPublic Works Director Demetric Potts, Planning Director Margaret Hauth, Fire Marshal/Code Enforcement Officer Todd Chavious, Management Intern Kent Wyatt, and Town Attorney T. C. Morphis, Jr. Mayor Joe Phelps called the meeting to order at 7:33 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Charge, but stated that it would be observed. 2. INTERVIEW POTENTIAL VOLUNTEER APPLICANTS A. Interview candidates for vacant seat on the Historic District Commission The Town Board interviewed Max Preston for the vacant seat on the Historic District . Commission. Preston lives a historic house and thinks his background can help the commission. 3. APPOINTMENTS . A. Consider appointing Max Preston to a full term on the Historic District Commission with a term to expire July 31,2006. After some discussion, and upon a motion by Commissioner Sheridan, seconded by Commissioner Gering, the Board moved to approve the appointment of Max Preston to serve a full term on the Historic District Commission with a term to expire July 31, 2006 by a vote of 4- O. The motion was declared passed. 4. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA (speakers will have a 5 minute limit) There were no audience comments. 5. AGENDA CHANGES & AGENDA APPROVAL There were no changes. . 6. APPROVAL OF THE MINUTES OF JUNE 9TH, 2003 REGULAR BOARD MEETING, THE JUNE 9TH CLOSED SESSION AND THE JUNE 12TH, 23RD, AND 26TH RETIREMENT CENTER ROUNDTABLE WORKSHOPS 1 . . . ')Q 8. ._ L) Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to approve the Minutes of the June 9th, 2003 Regular Board Meeting, the June 9th Closed Session and the June 12th, 23rd, and 26th Retirement Center Roundtable Workshops as presented by a vote of 4-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER Town Manager Peterson updated the Board on the proposed Waterstone development. He announced all candidates filing for the Board or Mayor with receive information from Town staff. Also, Town Manager Peterson sought permission to miss the September board meeting for his annual trip to Topeka 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel announced the reservoir water flow was still in good shape. He updated the Board on the upgrade of the Lawndale p.ump station. Also, he thanked Mayor Phelps and Commissioner Sheridan for finding a lower bid on a roof structure at the water plant, saving the town $13,000. 9. CONSENT AGENDA A. Receive $5,000 Adopt-A- Trail Grant award to construct the portion of Riverwalk in Gold Park B. Consideration of an Ordinance amending Chapter 4, Section 4-7 Performance Appraisal PolicylMerit Principle and Equal Employment Opportunity of the Town Code C. Consider declaring property surplus, and authorizing surplus property be sold at auction Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve Items 9.A, 9.B, and 9.C on the Consent Agenda by a vote of 4-0. The motion was declared passed. A copy of the Ordinance amending Chapter 4, Section 4-7 of the Town Code is hereby made a part of these official Minutes as an Attachment. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Receive Report from and Endorse the Concept of the Churton Street Corridor Improvement Plan Design Charette by the Tourism Board Lori Michel presented the report on behalf of the Tourism Board. She has spoken with university officials from UNC and NC State who expressed an interest in having their students participate. The three topic entries receive a cash prize. Local businesses will receive the winning concept. Town Planning staff may be called on to provide limited support and guidance. 2 289 . Commissioner Gering asked Michel about the status of the Colonial Inn. She mentioned informal talks had taken place with the owner. The Board decided to send the owner a letter, inviting him to the September Board meeting. Finally, the Board endorsed the plan of the Tourism Board. B. Discussion of Retirement Roundtable Information Commissioner Dancy sent a letter to the Board with her priorities. . Commissioner Gering has divided the criteria presented by the Council of Aging into varying levels of importance. Commissioner Chavious stressed each Board member should prioritize criteria and then meet to discuss results. Commissioner Sheridan found the Retirement Roundtables extremely helpful and desires to have a HUD 202. Commissioner Lloyd put together a list of her top criteria Mayor Phelps discussed the next steps and timeframe for making a decision on current applications. . Commissioner Chavious suggested a meeting to strictly discussing the Board members priorities. The Board agreed to meet on Thursday, July 24 at 7:00 PM in the Town Barn. C. Update from Code Enforcement Officer on Nuisance and Junk Car abatement efforts Fire Marshal/Code Enforcement Officer Todd Chavious informed the Board of a 75 percent turnaround of violators coming into full or partial compliance. Chavious and Town Attorney are seeking civil action against a couple of violators. D. Consider approval of reclassification of Street Supervisor and Sanitation Supervisor positions Assistant Town Manager/Public Works Director Demetric Potts stated it is in the best interest of Department employee's to only have one supervisor. Reclassification of position evolved from discussions with Town staff. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the reclassification of Street Supervisor and Sanitation Supervisor positions as presented by a vote of 4-0. The motion was declared passed. . E. Consider approval of Revisions to Technical Specifications for Water & Sewer Systems 3 . . . 300 Town Engineer Kenny Keel stressed only minor changes are being made to the technical specifications. Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve the revisions to Technical Specifications for Water & Sewer Systems as presented by a vote of 4-0. The motion was declared passed. A copy of the Technical Specifications for Water & Sewer Systems is hereby made a part of these official Minutes as an Attachment. F. Consider approval of Contract for Lakeshore Drive Outfall Design and Project Administration Town Engineer Kenny Keel assured the Board property owners are a main concern of the project. These owners are being contacted to provide input. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the contract for Lakeshore Drive Outfall engineering service by a vote of 4-0. The motion was declared passed. A copy of the contract is hereby made a part of these official Minutes as an Attachment. G. Consider approval of Raw Water Sales Contract for Orange-Alamance Water System Town Engineer Kenny Keel informed the Board that Orange-Alamance only suggest minor changes. The Town of Hillsborough will charge $1.50 for raw (untreated) water sales. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the Raw Water Sales Contract for Orange-Alamance Water System by a vote of 4-0. The motion was declared passed. A copy of the contract is hereby made a part of these official Minutes as an Attachment. Mayor Phelps declares a recess at 9:39 PM. Mayor Phelps reconvened at 9:45 PM. H. Consideration of a revised Memorandum of Understanding and Ordinance Amendment to establish an Adequate Public Schools Ordinance Planning Director Margaret Hauth provided the Board background information. She stated the agreement is voluntary and not legally binding. Commissioner Sheridan added the Board can vote at any time to strike ordinance. Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the Board moved to approve the revised Memorandum of Understanding and an ordinance to add the Adequate Public Facilities provisions to development codes by a vote of 4-0. The motion was declared passed. A copy of the Schools Adequate Public Facilities Memorandum of Understanding is hereby made a part of these official Minutes as an Attachment. I. Consideration of Courtesy Review Agreement 4 . . . 301 Planning Director Margaret Hauth stated the agreement allows for better communication between Hillsborough and Orange County. Commissioner Sheridan inquired into how the Board would be notified of proposed developments. Hauth agreed to send out a one-page synopsis of proposed developments. Town Manager Peterson recommended a change of 30 days on the top of the 3rd page after "meeting". Town Manager Peterson and Hauth agreed to develop another paragraph regarding joint meetings of the governing bodies. J. Consideration of Contract with Callemyn to survey Gold Park Planning Director Margaret Hauth stated the project will cost $3,300 covering 24 acres. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve the contract with Callemyn to survey Gold by a vote of 4-0. The motion was declared passed. K. Receive Staff Report on Non-Conforming Freestanding Signs in the South Churton Street Corridor Planning Director Margaret Hauth presented information regarding the businesses that are not in compliance with ordinance. Commissioner Sheridan would like to discuss ordinance with Chamber of Commerce as well as examine the way other municipalities handle enforcement. Commissioner Sheridan believes selective enforcement of part of the ordinance is legal but may not the right direction. Hauth agreed to examine the time frame of compliance and amortization period of signage. L. Direction to staff regarding the Orange Grove Road Task Force report and consideration of endorsing the report's recommendation Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve the Orange Grove Road Task Force Report by a vote of 4-0. The motion was declared passed. M. Review and consideration ofa Policy for Recruiting Volunteers for Advisory Boards Planning Director Margaret Hauth presented an internal policy for recruiting volunteers. Hauth set an advertisement policy to acquire a pool of candidates. Commissioner Gering requested all applications be kept on file even after position is filled. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the internal policy for recruitment of volunteers for Advisory Committees by a vote of 4-0. The motion was declared passed. N. Consider Approving $250 Contribution to the 30th Annual Conference of Neighborhood USA Town Manager Peterson requested a contribution for the Town to serve as a co-sponsor of event in Raleigh. 5 . . . 302 Upon a motion by Commissioner Gerin~, seconded by Commissioner Lloyd, the Board moved to approve the $250 contribution to the 30 Annual Conference of Neighborhood USA by a vote of 4-0. The motion was declared passed. O. Consider the allowance of upright headstones in the entire Town Cemetery Mayor Phelps expressed an interest in changing current policy. Commissioner Sheridan desires to keep policy because it is not fair to people who previous purchased plots. Commissioner Chavious questioned the reason of maintenance as a reason for not allowing upright stones. Commissioner Chavious is not in favor of current policy and believes plot owners should have the choice between upright and flat stones. Commissioner Gering realizes both sides of the issue while believing fairness of existing burials outweighs maintenance concerns. After continued discussion, the Board decided to keep current policy. P. Consideration of Agreement Between Hillsborough and Carrboro Authorizing the Towns to Share the Services of a Safety Officer Assistant Town Manager/Public Works Director Demetric Potts presented an update on the position. Safety Officer will provide benefits by Carrboro and service will be under contract with Hillsborough. Mayor Phelp suggested a minor change to last paragraph. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the authorization of the Town to share the services of Safety Officer with Carrboro by a vote of 4-0. The motion was declared passed. 11. ADJOURN Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the Board moved to adjourn at 10:58 PM by a vote of 4-0. The motion was declared passed. !!~~ Town Clerk 6 . . . 303 AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF HILLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section I. Chapter 4 - Personnel, of the Hillsborough Code is hereby amended as follows: Section 4-7 .Performance Appraisal PolicvlMerit Principle and EQual Emplovment Opportunity PERFORMANCE APPRAISAL POLICY - SECTION I, System, Occupational Groups is hereby amended as follows: Clerical Accounts Payable Clerk Billing/Collection Clerk Customer Service Representative Police Records Clerk Technical Laboratory Technician Water/Wastewater Plant Operator Water/Wastewater Plant Operator II Water/Wastewater Plant Operator III Professional (Non-Supervisory) Laboratory Director Planner Utilities Analyst Professional (Supervisory) Accounting Supervisor Administrative Assistant (Police) Billing/Collection Supervisor Management/Administrative (Non-Supervisory) Fire Marshal/Code Enforcement Officer Town Clerk/Personnel Officer Management/Administrative (Supervisory) Assistant Town Manager/Public Works Director Chief of Police Fleet Maintenance Supervisor Finance Director Planning Director Town Engineer/Utilities Director . . . 304 ServiceIMain tenancerrrades Assistant Utility System Supervisor Electrician Equipment Operator Equipment Operator, Senior Fleet Mechanic Maintenance Helper Maintenance Worker Maintenance Worker, Senior Meter Reader Utility Inspector Utility Maintenance Technician Utility Mechanic Public Works/Utilities Supervisors Meter Reader Supervisor Sanitation Supervisor Street Maintenance Supervisor Utility System Supervisor Wastewater Plant Superintendent Water Plant Superintendent/Safety Officer Police Officer Police Officer Police Investigator Police Investigator Police Supervisor Police Corporal Police Captain Police Sergeant Police Lieutenant Section 2. All provisions of any Town Ordinance in conflict with this Ordinance are Repealed. Section 3. This ordinance shall become effective upon adoption. Th~ foreg~ ordinance h~g been submitted to a vote, received the following vote and was duly adopted thts / ft. day of rJi , 20 n. . Ayes: L/ Noes: ~ Absent or Excused: --L-- 305 Revised 7/312003 . TOWN OF HILLSBOROUGH TECHNICAL SPECIFICATIONS for WATER & SEWER SYSTEMS WATER: Piping shall be Ductile Iron Pipe (DIP) Pressure Class J50 cement mortar lined interior/asphaltic coated exterior, AWWA C900 (Class 1501DR18) PVC (3" and larger), or Class 200 PVC (less than 3"). Ductile iron pipe shall be used under all asphalt and concrete surfaces for water piping 4" and larger. Bedding shall be as recommended by the manufacturer, with crushed stone bedding required for PVC pipe. Marking tape shall be required on all non-metallic water pipelines. Detectable metallic marking tape shall be Empire ThorTec or equal. The tape shall bear the printed identification "Caution Water Line Below", and shall be 2 inches or greater in width. Hydrants shall be 5 \;''', dry-barrel, A WW A C502, as manufactured by Clow (Medallion), Mueller (Super Centurion), or equal. Spacing shall be 500 to 700 feet between hydrants. Resilient seat gate valves shall be required on the main line and hydrant leg at all hydrants. Hydrant legs shall be restrained joint or radded from the main through the valve and to the hydrant. Fire Department Connection (FDc) shall be mounted between 24" and 36" above surrounding grade. . Resilient seat gate valves shall be used on water lines in buried service. Two valves shall be installed at all tees, and three valves at all crosses. Valves shall be installed every 1000 feet on water lines without hydrants (<6" mains). All utilities (electric. phone, gas, cable TV. etc.) shall be installed a minimum of 3 feet from all Town waterlines (existing and proposed). Where other utilities are installed closer or cross water lines. they shall be installed in rigid conduit. An RP~ backflow prevention device is required immediately after the meter for all commercial, industrial, institutional, or irrigation services where a severe hazard exists (as defmed in NC Guidelines). A double check valve assembly shall be installed immediately after the meter for all commerciaVindustriallinstitutional/irrigation services not requiring an RP~. (unless requirement is waived on a case-by-case basis). A dual check valve shall be installed on residential services at the meter yoke. RPI?; and DCV A assemblies shall be approved by USC-FCCCHR and ASSE, shall be tested by a certified tester after installation, and results shall be provided to the Town. Dual check valves shall be ASSE approved. RP assemblies shall have a minimum of 12" clearance on all sides. DCVA shall have adequate clearance for testing. A Detector assemblv shall be provided for all fire services (RP-D or DCDA depending on hazard level). All flushing and other use of water from the Town system shall be coordinated with the Town Engineer. Contractor shall pay for all water used. All water piping shall be pressure tested in accordance with A WW A C600 to 200 psi for a 2 hour period. Allowable leakage from the main is determined by the following formula: L=(S*D*2)/133200 . L=Allowable leakage (gallons per hour), S=Length of pipe tested (feet) D=Nominal diameter of pipe (inches), P=Average test pressure (psig). 7/3/2003 c: \projects\specs\specstds0703 rev. doc Page 1 of 4 306 Revised 7/312003 . TOWN OF HILLSBOROUGH TECHNICAL SPECSfor WATER & SEWER SYSTEMS After successful pressure testing, all water piping shall be sterilized by cWorination in accordance with NCDENR and AWWA C60] requirements. The line shall produce two consecutive negative samples drawn at least 24 hours apart and tested by a NC certified water laboratory. If any samples fail, the sterilization procedure shall be repeated until satisfactory results are obtained. Copies of all testing results shall be submitted to the Town Engineer. Meters shall be Schlumberger Neptune T-]O (<2") or Tru/Flo Compound (2" and larger) with Pro-Read ARB and R-900 MIU (radio read). All meters shall be purchased directly from the Town. Bronze strainers shall be installed immediately before all 2" and larger meters. All meter box lids shall be cast iron with pre-drilled 2" hole for Pro-Read disk installation. Hatches for large meter boxes shall also be drilled with 2" hole adjacent to hinge area. Residential size meter boxes shall be standard rectangular black plastic boxes with flared bottom. Larger meter boxes shall be pre-cast concrete, unless approved otherwise. All piping (2" and larger) through vaults shall be ductile iron or copper. All water meter locations shall be coordinated with the Meter Reader Supervisor. Meters shall be grouped in pairs at adjoining property lines, unless approved otherwise. All water meters shall be located at the property line adjoining the public road right-of-way (unless approved otherwise), and shall be no deeper than 18" below grade for residential size meters. . Water services shall be Class K copper. or Class 200 polyeth)'lene. Class 200 polyethylene pipe shall be installed with plastic inserts at the corporation stop (metal inserts are Rot allowed with plastio service pipes). All service connections shall be backfilled properly under the corporation stop to prevent undue stress on the connection. Temporary faucets installed for construction shall be a minimum of 10 feet from the meter box. Temporary faucets shall be removed before occupation of the structure. Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer. SEWER: Gravity Sewer piping shall be Ductile Iron Pipe (DIP) Pressure Class J50 cement mortar lined interior/ asphaltic coated exterior, or SDR 35 pye. Sewer force main piping shall be DIP Class 50 or Class 200 (SDR21) PYC, with combination air & vacuum valves at all high points. Piping deeper than 16 feet shall be DIP with 5 foot diameter manholes required. Bedding shall be as recommended by the manufacturer, with crushed stone bedding required for PYC pipe. Marking tape shall be required on all non-metallic sewer pipelines, except sanitary sewer mains where manholes will be exposed at both ends of the pipe segment. Detectable metallic marking tape shall be Empire ThorTec or equal. The tape shall bear the printed identification "Caution Sewer Line Below", and shall be 2 inches or greater in width. . Manhole tops shall be a minimum of ]8" above grade in unpaved areas not adjacent to public roads. No more than ] 2" of concrete grade rings will be allowed from the top of the cone to the bottom of the manhole ring. Cored holes with rubber boots shall be required for manholes and pump stations where pipes are inserted. 7/312003 c:\projects\specs\specstds0703 rev .doc Page 2 of 4 307 Revised 7/312003 . TOWN OF H1USBOROUGH TECHNICAL SPECSfor WATER & SEWER SYSTEMS Sewer services for new construction shall be installed with an in-line wve fitting or vertical stack. Saddles are not acceptable for new construction. All new manholes shall be vacuum tested (ASTM C1244) to 10.6" Hg, and the minimum amount of elapsed time for the vacuum to drop I" of mercury shall be as follows: Manhole Deoth (4 ft Dia.) 10 ft or less > 10 ft but <15 ft >15 ft For 5 ft diameter manholes, add 15 seconds. For 6 ft diameter manholes, add 30 seconds. Min. Elaosed Time for a Pressure Loss of I" Hg 60 seconds 75 seconds 90 seconds All gravity sewer mains shall be air tested (A WW A C828), and force mains shall be pressure tested to 50 psi above maximum system pressure (A WW A C600). Allowable leakage shall be as determined by the formula listed previously in the water piping pressure testing requirements. A mandrel (92.5% of base 10) shall be pulled through all gravity mains to test for unacceptable deflection. All gravity sewer mains and services shall be TV inspected in the presence of Town personnel and video tapes of the inspection shall be orovided to the Town. Copies of all testing results shall be submitted to the Town Engineer. . Additional construction and material requirements are ShO\'lIl on the Town detail sheets available from the Town Engineer. SEWAGE PUMP STATIONS: Sewage pump stations shall be duplex submersible or suction-lift style, unless approved otherwise. Motors shall be minimum of 5 hp, and must be 3 phase, 60 Hz, 1800 rpm maximum. Pumps shall be non-clog centrifugal pumps, unless approved otherwise. Grinder pumps shall only be approved when conditions preclude other selections. PumjJ station electrical panels shall be NEMA 4X UL listed. with alarm horn/light with silence switch, jJUmjJ alternator & switch. jJumjJ nm-time hour meters. contacts for RTU/SCADA, heater/thermostat, phase monitor. and run lights. All electrical panels shall be mounted to an aluminum backboard with integral aluminum rain cover extending 36" from backboard over panels. A 4 foot dual fluorescent tube light with switch shall be mounted under rain cover. Resilient seat gate valves shall be installed on the influent piping and force main piping. Force main gate and check valves shall be in a separate vault next to the wet well. Gate valves shall be installed on each pump line and on the force main, and check valves on each pump line. All guide rails, fasteners, and miscellaneous metals inside the wet well shall be stainless steel. Access ladders shall be aluminum or stainless steel. Piping inside the wet well shall be flanged ductile iron or stainless steel. Wet well vent shall be flanged ductile iron pipe with a screened outside end. A yard hydrant and water meter connected to potable water shall be installed at the pump station site, unless approved otherwise. . 7/312003 c:\projects\specs\specstds0703 rev .doc Page 3 of 4 308 Revised 7/3/2003 . TOWN OF HIUSBOROUGH TECHNICAL SPECS for WATER & SEWER SYSTEMS Access hatches shall be hinged and lockable, with stainless steel or aluminum frame, and \;." thick aluminum diamond plate door(s). All hardware and hinges shall be stainless steel. One spare pump and motor shall be provided, that is identical to the pumps installed in the station. All new pump stations shall have permanent on-site standby power with auto transfer switch and Strison Cell Alert 2000 Mission Mi02 RTU and M462 (wet well module) telemetry equipment installed with the first year of service pre-paid. Generator shall be sized to operate both pumps simultaneously and start the lag pump while the lead is operating. A IIOV GFCI power outlet shall be installed in the electrical panel. Pump station sites shall be at least 50 feet square, have 4" depth (minimum) of ABC stone covering entire site, and include perimeter chain link fencing (6 feet high, topped with 3 strands of barbeq wire, and 16 foot wide double leaf gate). Alternate fencing materials may be required based on individual site conditions. Padlocks shall be provided for the gate, electrical panels, and access hatch(es) and shall be keyed to the Town's system. Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer. . EASEMENTS: Easements shall be a minimum of 20 feet wide for a single utility pipeline, and a minimum of 30 feet wide for pipes deeper than 16 feet. For multiple lines, easement shall provide a minimum of 10 feet clearance on either side of each pipe. GENERAL: Prior to any blasting ooerations. the contractor shall notifY the Town Engineer and the Hillsborough Fire Marshal to obtain blastinz oermits as required. The contractor shall fUrnish proof (certification) oftnsurance specifically covering any and all oblifJations assumed f]Ursuant to the use of explosives. . 7/312003 c:\projects\specs\specstds0703 rev .doc Page 4 of 4 309 SEAR.BROWN Standard Contract For Professional Services Project Number Client Name Town of HiIlsborough Address PO Box 429 Hillsborough NC 27278 Contact Mr. Kenny Keel Phone (919) 732-1270 Project Location Lake Shore Pump Station Fax (919) 644-2390 Description of Work . Design - 8" Sewerline Outfall for Pump Station to Existing Man Hole 2,600+/- . Surveying - As Needed . Contract Administration . Bid Preparation . AsBuilts **SEE EXmIT A . . Fee Schedule for Lake Shore Pump StatIOn o Fixed Fee-Amount C8] We will perform the services noted for a fee equal to payroll costs for project personnel times a factor of3.0 to provide for overhead, other costs and profit. Expenses and/or outside services would be billed at 1.1 times our direct cost. o Estimated Fee $21,000.00 Conditions of Payment o Retainer-Amount o Payment in full before drawing is released. o To be billed upon completion with payment due within 30 days. C8] To be billed monthly with payment due within 30 days. This proposal is valid for 30 days from the date it is signed by Sear-Brown. . L:\Contracts & Proposals\2003 Contracts\COOOl HiIlsborough, Town of - Lake Shore Pump Station. doc (1 of 3) 310 ~ TERMS AND CONDffiONS WCLE I: CLIEI'IT'S REsPONSlBILITIES make continuous or exhaustive inspections to check the quantity and quality of the A) Oient's Rep~tative: 1be Client shall appoint s representative Work nor shall Sear-Brown be responsible for the Contractor's failure to p.norm the authorized to act on the Client's behalf with respect to the Project. 1be Client or Work in accordance with the Contract Documents. its representative ,hall make decisions in a timely manner regarding all aspects of 2) Rej<<tloo of Work: Sear-Brown shall have the authority to reject any work of the the Project, shall examine documents submitted by Sear-Brown and render rorrtractor, that is not, in Sear-Brown', professional judgment. in accordance with the decisions in a timely malUler to avoid unreasonable delay in the ocderly and Construction Documents. Neither this authority nor the good faith judgment to reject sequential progress of Sear-Brown's services and the Project schedule accepted by or not reject any such work shall subject Sear-Brown to any liability oc cause of action Client. on behalf of the contractors, subcontractors or any other suppliers or persons B) Oient's Program and Dudget Requlrements: Client shall provide Sear- performing portions of the work on the Project. Brown full information in a timely manner regarding all its requirements for the 3) Work Site Safety: Client agrees that Sear-Brow11 shall not supervise or direct, or Project including its objectives. schedule. criteria, constraints and budget have any responsibility for, control over or charge of. the Contractors' work or the including reasonable contingencies. ronstruction means, methods, teclmiques, sequences or procedures, or for the work. C) RIght of Entry: Client shall provide right of entry foc Sear-Brown, its staff, site safety precautions or programs in cOlUleclion with the Work. These rights and subconsulLmts, and all necessary equipment to complete the Work. Sear-Brown responsibilities are solely those of the party or parties performing the actual will take reaso~ble precautions to minimize damage to property. Client construction of the Project. Neither the professional activities of Sear-Brown, nor the understands that In the nannal course of work. some damage may occur, the presence of Sear-Brow11 pcrsolUld and subconsuhants at the ronstruction site shall correction of which is not part of this Agreement. relieve the Contractors and any other entity of their obligations. dutie~ and D) Required Infonnatlon: Client will furnish Sear-Brown all information, responsibilities including, but not limited to, construction means, methods, sequence, requirements, data, reports, surveys and instru~1ions required to complete the tec~uques or procedures necessary for perfomling, superintending or roordinating all Scope of Services, including identifying the type and location of underground portIons of the Work safely and in accordance w;[h any health or safety requirements improvements and utilities, and all existing conditions. Sear-Brown shall have the of any regulatory agency. The Cli~'1lt agrees that the Client, Sear-Brow11 and its right to rely upon the rompleteness and accuracy of such infomlation. Client subconsultants shall be indemnified by the Contractors and shall be made additional acknowledges that certain assumptions will be made regarding existing conditions insureds under the Contractors' general, umbrella and excess liability insurance that cannot be verified without destruction or damage to existing facilities. To the poticies. fullest e,,1ent permitted by law, Client agrees to waive all claims against, and to 4) Submittals and Shop Drawin~: If the Scope of Servie<s includes the review of bold harmless and indemnify, Sear-Brown and its subconsultants, for damages to Contractor submittals and shop drawings, then Sear-Brow11 will review such undCf"ground improvements and utilities and for any costs associated with submittals and shop drawings for the limited purpose of checking for confonnance undisclosed existing conditions. with the design concept expressed and the information provided in the Construction El Invokes: Sear-Brown will render invoices every thirty days. Payment is due Documents. This review shall not include review of the accuracy or completeness of upon presentation of invoice and is past due thirty (30) days from invoice date. details, such as quantities, dimensions, weights or gauges, fabrication processes, Client agrees to pay a service charge of one and one half percent (I \4%) per construction means or methods, coordination of the work with other trades or month, or the maximum rate allowed by law, on past due accounts. Payment of constmction safety precautions, all of which are the responsibility of the Contractors. .. . ices shall not. be s~~ject to any discounts, set-offs, or backcharges by Client The review shall be conducted with reasonable promptness while allowing sufficient agreed to In wlltmg by Scar-Brow11. Client shall pay all costs, expenses, time in Sear-Brown's judgment to permit adequate re\;ew. Review of a specific item stributions, including collection agency fees and ex~ses, court costs and shall not indicate that Sear-Brow11 has rcviewed the entire assembly of which the item r sonabJe attorneys' fees incurred by Sear-Brown, in the event collection or legal is a component. Sear-Brown shall not be responsible for any deviations from the processes arc employed to collect outstanding bills. Contract Documents not brought to its attention in "yiting by the Contractor. Scar- F) Sales Tax: Client will pay any applicable sales tax whenever deemed to be Brown shall not be required to review partial submissions or those for which due. Payment terms are exclusive of sales tax. submissions of correlated items have not been received. ARTICLE II: SEAR-BROWN'S RFSi'ONSmn.ITIF.5 5) Requests for Oarification or Interpretation: Sear-Brow11 shall provide, with A) Standard of Care: Sear-Brown shall (l<.'fform the services called for bv this reasonable promptness, written responses to requests from Contractors for Agreement with the level of care and skill ordinarily exercised by members ~fthe clarification and interpretation of the requirements of the Contract Documents. If same professions currently practicing under similar conditions. No other such requests for information, clarification or interpretation are, in Sear-Brown's warranty, expressed or implied, is made. Client acknowledges that increased professional opinion, for infonnation readily apparent from reasonable observation of costs and changes may be required due to omission, ambiguities and field conditions or a re\;ew of the Contract Documents. or reasonably inferable inconsistencies in the drawings and specifications. Client agrees to sct aside a therefrom, Sear-Brown shall be entitled to additional compensation at its regular rontingency of at least 3% of the Project ronstnJction cost to pay for these costs billing rates for its time spent responding to such requests. and changes. Client further agrees it will make no claims against Scar-Brown for 6) Record Documents: If required by the Scope of Services. upon completion of the any such costs and changes rovered by such rontingeney fund. Work, Sear-Brown shall compile for and deliver to the Client a reproducible set of B) Compliance "ith Laws, Codes and Standards: Censistent with the Record Documents conforming to the marked-up prints, drawings and other data professional standard of care, Sear-Brown will comply with laws, codes, and furnished to Sear-Brown by the Contractor. This set of Record Documents will show standards applicable to the Project design as of the elrective date of this significant changes made during construction. Because these Record Documents are Agreement or the issuane< of the constnJction ptans and specifications, whichever based on unverified information prO\;ded by other parties that Sear-Broyo1l will IS later. assume to be reliable, Sear-Brown calUlOt and does not warrant their accuracy. C) Certifications: Sear-BrOy,11 shall sign, if requested by Client. a statement E) Insurance: Scar-Brown shall maintain worker's compensation insurance that. to the best of its knowledge, information and belief, based in whole or in part required by law. Scar-Brown represents and warrants that it maintains general on Information provided by others. the accuracy of which has not been verified, liability and property damage insurance. Certificates for such policies shall be that the Project has been completed in general conformance y,ith the plans and provided to Client upon written request. Client shall maintain at its own cost and specifications. Sear-Brown shall not be required to sign any documents, no matter ex~se, its own general liability and property damage insurance. Client and Sear- by whom requested, in which Sear-Brown is required to certify, guarantee or Brown waive all rights against each other and Sear-Brown's subconsultants, agents warrant the existence of conditions the existence of which Sear-Brown has not or and employees for damages caused by any peril to the extent covered by the property cannot ascertain. in.wrance maintained by Client. except to the extent such proceeds are held by Client D) Comtructlon Phase Servkes: If construction phase services are required in as InIstee. This waiver of subrogation shall be effective as to a person or entity even the Scope of Services. the following terms shall apply: though that person or entity would otherwise have a duty of indemnification. I) Shoo Observation: If site observation visits are to be provided by Sear-Drown. contra~1ual or otherwise, did not pay the insurance premium directly oc indirectly, and Sear-Bro~ shall visit the site at intervals appropriate to the stage of th~ whether 01" not the person or entity had an insurable interest in the property damaged. constructiOn, or as otherwise expressly agreed to in the Scope of Services, in order Artlcloo III: General ~al ProvlsioJU ~.e the progress and quality of the work completed by the contractor. Such A) Ownership of Documents: Drawings, specifications, and all other documents lion IS not meant to be an exhaustive check oc a detailed inspection of the prepared by Sear-Brown or its subconsultants, including those in electronic fonn . ctor's work. but rather to allow Sear-Brown to become generally familiar (collectively "Design Documents") are instruments of service. Sear-Brown shall WIth the progress of the Work and to determine in general if the work is being retain all common law, statutory and other reserved rights, including ropyright performed In a manner indicating that, when fully completed, the work will be in thereto. The Design Documents, including those in electronic form are furnished for aocordance with the Contract Docunlents. Sear-Brown shall not be required to use solely with respect to this Agreement. Client is permitted to retain ropies of the L:\Contracts & ProposaJs\2003 Contracts\COOO1 HiIIsborough, Town of - Lake Shore Pump Station.doc (2 of 3) EDocuments, including those in electronic form, for information and in C(lI1Ilection with the Project. Client shall not use the Design ents, including those in electronic form furnished by Sear-Brown or its subconsultants on other projects, for additions to this Project, or for the completion of this Project by others, without the express written consent of Sear- Brown Any reuse without written consent shall be at Client's risk and full legal responsibility. Client agrees to hold harmless and indemnify Sear-Brown and its subconsultants from any and all claims, suits, demands, damages, liabilities, and costs, including reasonable attorney fees, arising from such reuse. B) Retention or Documents: Sear-Brown will retain. pursuant to its usual document retention policy, records relating to the Work for a period of three (3) years following completion of the Work. During this period, records will be made available to the Client at Sear-Brown's offices during nom!al business hours upon seven (7) day's notice. C) Asbestos and HaUlrdous Materials: Unless otherwise specifically provided in the Scope of Services, Sear-Brown and its subconsultants shall have no responsibility for thc discovery, presence. handling. removal. or disposal of asbestos or hazardous or toxic materials. D) Termination and Suspension: This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perfoml in accordance "ith the temlS hereof. Such temlillation shall not be effective if the substantial failure is remedied before expiration of the seven (7) days. Client's failure to pay invoices within thirty (30) days shall be deemed a substantial failure to perform. In such event, Scar-Brown may terminate this Agreement or immediately suspend the performance of services until such failure has been cured. The Client may t<:mUnate this Agreement for its convenience upon fourteen (14) days wrillen notice. In the event ofa termination for convenience, Client will pay Sear-Brown for services performed to the termination effective date plus reasonable termination e"'Penses "ithin ten (10) calendar days of receipt of a final invoice. In the event the project, or any phase of il is delayed for reasons beyond Sear- Brown's control, unbilled wor\; \\ill be invoiced at the standard hourly rates for the actual number of hours expended. Complcted phases will be billed at fees quoted herein. E) Disputes: In an effort to resolve any conflicts that arise during the design or .ction of the Project or after completion of the Project, all claims, disputes, er matters in question hetween the parties to this Agreement that arise out of ate to this Agreement or the breach thereof shall be submilled to nonbinding .:<Iiation before a neutral third-party mediator aceeptablc 10 both parties. Such mediation shall be a condition precedent to the commencement of any legal action arising out of this Agreement except those legal proceedings related to Client's failure to pay. The mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties agree otherwise. The cost of the mediator shall be home equally by the parties. A demand for mediation shall be made within a reasonable time after the claim, dispute or other mailer has arisen. In no event shall such demand be made after the date applicable statutes of limitation or repose would bar a legal or equitable action based on such claim, dispute or other matter. In Ihe event of litigation relating to the sufficiency or adequacy of perfonnance of services called for by this Agreement, should Scar-Brown obtain a judgment dismissing Client's action or claim or other resolution wherein Sear- Bro"lI is not required to make compensation to Client in excess of its final offer made to Client in the mediation, Sear-Bro~n shall be entitled to recover all costs in~'Urred in the def<nse of lhe claim including staff lim<, <ourt costs, expert witness fees, and reasonable attorneys' fees, and other claim related e"-pcnses. 311 F) Choice or La../Venoe: This Agreement shall be governed by the laws of the state in which the Sear-Brown office identified below is located, without regard to its law of conflict of laws. Any legal action or proceeding shall be venued in the State or Federal Court nearest the municipality in which Sear-Brown's office is located. G) Statute or UmIlatlonslRepose: Causes of action pertaining to this Agreement shall be deemed to have accrued and the applicable statutes of limitation and repose shall comnlCllce to run at the earlier of either the date of Substantial Completion of the Project or the date Sear-l3rown's services arc substantially complete. H) Assigns: Neither the client nor Sear-Brown may delegate, assign, or transfer his duties or interest in this Agreement without consent of the other party, except Sear- Brown may in its discretion utilize qualified subconsultants in the performance of the Scope of Services. I) Force Majeure: Neither party to this Agreement shall be liable to the other for delays in perfomting the obligations called for by this Agreement, or the direct and indirect costs resulting from such dclays, that arc caused by labor strikes, riots, war, acts of governm<nt authorities, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either part y. J) No Third-Party Beneficiaries: Nothing in this Agreement shall ereal< a contractual relationship with or give any right or benefit to any third party. K) SenrabUlty, Refom.atlon and Survival: If any provision in this Agreement is held invalid, illegal, or unenforceable, the enforceability of the remaining provisions shall not bc impaired thereby. 'lbe invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable provision, which, b<ing valid, legal and enforceable, comes closest to the parties' intention underlying the invalid, illegal or unenforceable provision. Limitations of liability, indenmities, and other express representations shall survive termination of this Agreement for any cause. L) Risk AUocatlon/Llmltatlon of Llabllltyl Client and Sear-Brown have discussed the risks, rewards, and the benefit of the project and Sear-Brown's total fee for services. TIle risks have been allocated such that the Client agrees that to the fullest exkllt pc-rmitted by law, Sear-BrO\m's total liability to Client and construction contractors and subcontractors for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this Agreement from any cause or causes. is limited to and shall not exceed Sear-Brown'. fee or $250,000 whichever is smaller. Such causes include but are not limited to design professional's negligence, negligent misrepresentation, errors, omissions, strict liability and breach of contract. Higher limits of liability arc available for a negotiated fee. M) Indemnification: To the fullest ex1ent p<:mUtted by law, Client agrees to indemnify and hold harmless Sear-Brown, its officers, directors, employees, agents, and subconsultants from all claims, damages, injuries, liabilities, costs and expenses, including reasonable attorneys fees arising from or claimed to arise from the acts. omissions, negligence, fault, breach of contract, breach of warranty. or strict liability of Client or its employees, agents, contractors and subcontractors. N) Consequential Damaces: Notwithstanding any other provision of this Agreement and to the fullest ex1ent pernlitted by law, neither Client nor Sear-BrO\m shall be liable for any consequential damages incurred due to the fault of the other party regardless of the nature of the fault or whether it was committed by Client, Sear- I:3rown, their employees, agents, subconsultants or subcontractors. Consequentiat damages include, but are no1limited to, loss of use and loss ofprofiL 0) Complete Agreement: lltis Agreement constitutes the entire agreement between the parties hereto and supersedes all previous understandings and agreements with respect to the Project or any of the provisions hereof. No statement, promise, condition, understanding. inducement, or representation, oral or \\Titten, expressed or implied, which is not contained herein shall be binding or valid and this Agreement shall not be changed, modified or altered in any manner except by an instrument in writing executed by the parties hereto. Client By .fCninC this Acreement, you are eonsentinc to the Terms and Conditions set forih herein. Please retain a copy for yourself and return a signed original to Sear-Brown. This instrument has been preaudhed in the manner required by the Local . Government Budget and Fiscal Sh C rt F' Director r I A erry a er, mance L:\Contracts & rgp~,":"".~,j Contracts\C0001 HiIIsborough, Town of - Lake Shore Pump Station. doc Town of Hillsborough do Kenny Keet By (Signature) (Print) Date . Sear-Brown Address 1000 Corporate Drive, Suite 10 1 City State HillSbOrO::NC 27278 By ~ W7~,~(l.d.1:- ( ture) James W. Parker, Jr., PE, PLS-Regional Manager (Print) June 30, 2003 Date (3 of 3) 312 ~ .1 w. ~~--- . "lr ::T if-. PRQE.OSEDtAKESHORE EWER.OU-TFALb."- '~, ....---. ~XIBIT A .. i : . . _..,~ . ~. .- . -'\. \ \ \ '. . \ \ \ \ \. i ~ oJ '-. & ' ~" 1 ..' . ,~ . ,\11 ,<Yl . " tIl ...1 i --:- " (l) I '-- ~i i - --"-- . , i i I i J I l ,:' .- -...-..-----.-'... 1 . Existing ~ ,,* [M>Y' I J ", .~.' ,:- \-: ~::: ~ _.-- ........--- i . LJ. ;1Il m ;- " I...: ..... C CL STREAM (TYP) \. ..... !I).. !D '. '=. O' lJ..,h ;' , Freeland .Dr. . , t1) s..-..._. . o : .c :',. "\ Q) .c ...... U /1 /""/.' .;;:: a.. m" /.. o .. .St:lerwoad .'-r- I I -, ....1 j. ~\ ." ., ,-.. pRRlnrTN"...JtT PLANS _ IIIr -'_ INCOlIPl.BTB PLANs --'--'''' ~ e.' . . 313 AGREEMENT FOR THE SALE OF SUPPLEMENT AL RAW ENO RIVER WATER SUPPLY BETWEEN ORANGE ALAMANCE WATER CORPORATION AND THE TOWN OF HILLSBOROUGH NORTH CAROLINA ORANGE COUNTY THIS AGREEMENT, made and entered into and executed in duplicate originals, this the _ day of , 2003, by and between ORANGE ALAMANCE WATER CORPORATION, a private corporation, hereinafter referred to as "Purchaser," and the TOWN OF HILLSBOROUGH, hereinafter referred to as "Seller." WITNESSETH: WHEREAS, the Seller owns and operates a water supply, treatment and distribution system, and said facilities serve the Town of Hills borough and surrounding areas in central Orange County; and WHEREAS, the Purchaser desires to obtain additional raw water supplies at such time as sufficient capacity may be available to meet the needs of their customers during water shortage emergencies, including but not limited to those caused by extended droughts, water main breaks, or major fires, and WHEREAS, a metered raw water system connection exists between the Purchaser's treatment plant and the Eno River, which will accommodate the purchase of water pursuant to this Agreement. NOW, THEREFORE, the governing bodies of the parties hereto have determined that the public heath, safety, and welfare will be served and benefited by their cooperative, mutual undertakings and agreement as hereinafter set out; and in consideration of the benefits, assistance and mutual obligations to be received and performed by the parties hereunder, and especially in consideration of making a cooperative effort to alleviate the hardship and the threat to public health, safety and welfare caused by limitations of supply capacity, drought and other water supply emergencies, and Seller and Purchaser, for themselves, their successors and assigns, do mutually agree as follows: 1. This agreement shall be effective as of the date first above written and shall continue in full force and effect unless terminated as herein provided, for an Original Term of three (3) years therefrom. (a) This agreement shall continue for successive terms of one year each after the Original Term unless cancelled or terminated by either party or as provided herein. Page 1 of5 Raw Water Sales Contract . . . 314 (b) Either party may terminate this Agreement as of the end of any current term by mailing written notice thereof by registered mail, return receipt requested, to the other not later than ninety (90) days prior to the end of such current term. This Agreement may also be terminated unilaterally by either party if the applicable charges for water or other charges, as provided herein, are not paid in accordance with the terms and conditions of this Agreement. 2. The parties agree that upon request of the Purchaser, the Seller shall allow the withdrawal of raw, untreated water by the Purchaser in the manner prescribed by this Agreement in excess of the current allocation from Lake Orange. Upon written request from the Purchaser and upon determination by the Seller that it has adequate water supply capacity from its own resources, the Seller will allow the withdrawal by the Purchaser of a quantity of raw untreated water as hereinafter defined. Such water will be withdrawn by the Purchaser at the existing metered connection of the water system of the Purchaser with the Eno River. The quantity of water delivered shall be metered at such point. (a) The quantity of water provided by the Seller to the Purchaser shall be the total amount of water withdrawn from the Eno River minus the allocation the Purchaser has from Lake Orange at the time withdrawal is made. Each party shall be responsible for the quality of water within its own distribution system. (b) The quantity of water provided by the Seller to the Purchaser shall be a minimum of 100,000 gpd to a maximum of300,000 gpd. The exact quantity of raw water the Seller provides to the Purchaser will be determined based on the current allocation from Lake Orange. This determination will be made by the Seller in collaboration with the Purchaser. (c) The Purchaser shall provide documentation supporting the accuracy of the raw water meter used to determine purchase quantities. Testing and calibration of the meter shall be required annually. 3. The Purchaser's President or his designee shall administer requests for water on a day to day basis and the Purchaser agrees to notify the Seller in writing as to what person or persons have been so designated. The Seller's Manager or his designee shall administer requests for water on a day to day basis and the Seller agrees to notify the Purchaser in writing as to what person or persons have been so designated. 4. The quantity of water, ifany, available from the Seller to the Purchaser or the ability of the Seller's reservoir(s) to make available raw, untreated water to the Purchaser shall be determined by the Seller, in its sole discretion at the time of the request, in light of the following factors: (a) the amount of raw water in existing or future water supplies at such time as they are available (b) present water demand, including demands under normal or emergency conditions (c) the ability of the Seller to transfer raw water to the Purchaser (d) water distribution mains, pumps, facilities and capacities and operating constraints thereto. Page 2 of5 Raw Water Sales Contract . . . 315 5. The Purchaser agrees to provide written notification to the Seller when raw water purchases from the Seller are no longer needed. During the period in which the Seller is providing raw water under this Agreement, water use restrictions shall be imposed in the Purchaser's service area at least equal to those that are imposed in the Seller's service area. The provision of water to the Purchaser is contingent upon such water use restrictions being imposed. 6. The Purchaser shall make every effort to purchase raw water in consistent day-to- day quantities, and shall notify the Seller of the quantity purchased daily. The Seller will make adjustments to its water release from its reservoir(s) to compensate for the purchases. 7. It is mutually understood and agreed that the rates and charges for raw water provided by one party to the other, and any changes or revisions thereof, shall be fair and reasonable. The charge for the raw water the Seller provides to the Purchaser pursuant to the provisions of Paragraph 4 of this Agreement shall be based upon the Seller's direct and indirect cost ofreservoir(s) construction and financing including but not limited to the costs of: .energy and electricity; materials; testing; maintenance; insurance; taxes; depreciation; debt service; salaries and benefits of employees directly involved in the operation of the Seller's reservoir(s) and other direct and indirect costs nonnally incurred in the supply, treatment, and distribution process and incremental costs of pertinent administrative services; provided however, that in the event the Seller is purchasing finished water from another system during any part of the time it is also providing water to the Purchases, the Seller may impose an additional reasonable surcharge applicable to raw water sales to the Purchaser. Said surcharge shall permit the Seller to adjust the raw water rate or to reflect the actual cost of providing raw water to the Purchaser. 8. At the inception of this Agreement, the charge for raw water the Seller provides to the Purchaser shall be $ per 1,000 gallons. The Seller may, in its sole discretion and upon thirty (30) days written notice to the Purchaser revise the rates and charges applicable to raw water sales to the Purchaser in accordance with increases in the components of providing raw water to the other party. Raw water charges shall apply to all raw water used, including that necessary for backwashing of filters and other process uses. The signing of this agreement by both parties establishes that both parties agree that the initial rate is a fair and reasonable charge for raw water from the West Fork Eno Reservoir. 9. Not later than the tenth (lOth) day of each month, the Purchaser shall furnish to the Seller an itemized statement of the amount ofraw water purchased during the preceding month, according to the calculation requirements of paragraph 2(b). The Seller shall furnish to the Purchaser an invoice for the amount of raw water purchased by the twenty fifth (25th) day of each month. The said Purchaser shall make said payment in full not later than the tenth (10th) day of the following month for raw water purchased during the invoiced month. 10. The connection between the Eno River and the Purchaser was installed and is owned by the Purchaser. Therefore, any repair or replacements of the meter, piping, valves, or other components of the existing connection shall be made at the Purchaser's expense. Page 3 of5 Raw Water Sales Contract . . . 31G II. The Purchaser agrees and covenants to budget and authorize the payment of appropriate funds for the administration and execution of this Agreement and to take any and all action necessary to make all payments and disbursements pursuant to the terms of this Agreement. 12. The parties to this Agreement shall not be responsible or liable in any way for any interruption or discontinuance of the delivery of raw water from one party to the other. 13. This Agreement does not preclude either party from providing raw water to any other party. 14. The terms and conditions of this Agreement shall be subordinate to the provisions of all applicable legal and regulatory requirements, the provisions of all applicable legal and regulatory requirements, the provisions and conditions of which shall control in the instance of any conflict therebetween. If any of the terms and conditions of this Agreement are determined to be null and void, the remaining portion of this Agreement shall nevertheless remain in full force and effect except that in the instance either party shall have the option, upon reasonable notice to the other, of declaring the entire remaining provisions of the Agreement to be terminated, null and void. 15. This Agreement may be amended from time to time by written amendment duly authorized and executed on behalf of the parties with the formality and prerequisites as are applicable to the execution of this Agreement. 16. This Agreement constitutes the entire agreement between the parties relating to the sale of raw water by the Seller to the Purchaser and supersedes all prior negotiations, representations and agreements relating in any way to the sale and transfer of raw water between the Seller and the Purchaser. 17. Any litigation arising out of this Agreement shall be determined in Orange County Superior Court. Page 4 of5 Raw Water Sales Contract . . . 317 In TESTIMONY WHEREOf, the undersigned Mayor of the Town of Hills borough, North Carolina, having been duly authorized by Resolution of the governing board to execute this Agreement and the Orange Alamance Water Corporation, by and through its duly authorized officers, have duly executed this Agreement for and on behalf of the Town and the Corporation to evidence the undertakings entered into as hereinabove shown in particular. The respective official seals of the Town and Corporation have been affixed hereto by authority of the respective governing bodies all as of the day and year first above written. ORANGE ALAMANCE WATER CORPORATION BY: , PRESIDENT ATTEST: Secretary- Treasurer TOWN OF HILLSBOROUGH BY: MAYOR ATTEST: Town Clerk This instrument has been pre-audited in the manner required by the Local Government Budget and fiscal Control Act. Date finance Director, Town of Hills borough This document is hereby approved as to form and legality. Date Counsel to the Corporation Page 5 of5 Raw Water Sales Contract . . . 318 Draft completed by Staff 6/4/03 Revised 6/23/03 Revised Format 6/24/03 SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this _ day of , 200_, by and between the Town of Hillsborough, the Orange County Board of Education and Orange County (the "School District"). WHEREAS, the portion of Orange County, served by the Orange County School System has for the past decade been experiencing rapid growth in population; and WHEREAS, this growth, and that which is anticipated, creates a demand for additional school facilities to accommodate the children who reside within new developments; and WHEREAS, the responsibility for planning for and constructing new school facilities lies primarily with the Orange County School Board, with funding provided by Orange County; and WHEREAS, Orange County, Hillsborough, and the Orange County School District, have recognized the need to work together to ensure that new growth within the School District occurs at a pace that allows Orange County and the School District to provide adequate school facilities to serve the children within such new developments; WHEREAS, the parties have worked cooperatively and developed a system wherein school facilities are currently adequate to meet the needs of the citizens of the county and will continue to maintain a Capital Investment Plan (CIP) that is financially feasible and synchronized with historical growth patterns; NOW, THEREFORE, the parties to this Memorandum hereby agree as follows: Section 1. The parties will work cooperatively to develop a realistic Capital Improvement Plan for the construction of schools such that, from the effective date of this Memorandum, school membership within each school level (i.e. elementary, middle or high) does not exceed the following: Elementary School Middle School High School 105% of Building Capacity 107% of Building Capacity 110% of Building Capacity a. for purposes of this Memorandum, the term "school membership" means the actual number of students attending school as of November 15 of each year. The figure is determined by considering the number of students enrolled (i.e. registered, regardless of whether a student is no longer attending school) and making adjustments for withdrawals, dropouts, deaths, retentions and promotions. Students who are merely absent from class on the date membership is determined as a result of sickness or some C:lwindowslTEMP\mou for SAPFO rev REH 7.Q7.Q3.doc . . . 319 b. other temporary reason are included in school membership figures. Each year the School District shall transmit its school membership to the parties to this agreement no later than five (5) school days after November 15. Within fifteen (15) school days after receiving the school membership calculations from the School District, the Board of County Commissioners shall approve the School District's school membership calculations. For purposes of this Memorandum, "building capacity" will be determined by reference to State guidelines and the School District guidelines (consistent with CIP School Construction Guidelines/policies developed by the School District and the Board of County Commissioners) and will be determined by a joint action of the School Board and the Orange County Board of Commissioners. As used herein the term "building capacity" refers to permanent buildings. Mobile classrooms and other temporary student accommodating classroom spaces are not permanent buildings and may not be counted in determining the school districts building capacity. The School District shall transmit its building capacity to the parties to this agreement no later than five (5) school days after November 15. Within fifteen (15) school days after receiving the building capacity calculations from the School District, the Board of County Commissioners shall approve the School District's building capacity calculations. Prior to the adoption of the ordinances referenced in Section 2, the parties shall reach agreement on the following: (i) A Capital Improvement Program (CIP) that will achieve the objectives of this Memorandum; (ii) A projected growth rate for student membership within the School District's three school levels during the ten year life of the CIP; (iii) A methodology for determining the projected growth rate for student membership; and (iv) The number of students at each level expected to be generated by each new housing type (i.e., the "student generation rate"). After the adoption of the ordinances referenced in Section 2, the Orange County Board of Commissioners may change the projected student membership growth rate, the methodology used to determine this rate, or the student generation rate if the Board concludes that such a change is necessary to predict growth more accurately. Before making any such change, the Board shall receive and consider the recommendation of a staff committee consisting ofthe planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. The committee shall provide, in a timely manner, a copy of its recommendation to the governing boards of the other parties to this' memorandum at the time it provides such recommendation to the Board of Commissioners and the Board of Commissioners shall provide an opportunity for those governing Boards to comment on the recommendation.. In making its recommendation, the committee shall consider the following, and in making its determination, the Board of Commissioners shall consider the following: (i) The accuracy of the methodology and projected growth rate then in use in projecting school membership for the current school year; c. d. C:lwindowslTEMPImou for SAPFO rev REH 7.Q7.Q3.doc 2 . Section 2. . Section 3. . 320 e. (ii) The accuracy of the student generation rate then in use in predicting the number of students at each level actually generated by each new housing type; (iii) Approval of and issuance of CAPS for residential developments that, individually or collectively, are of sufficient magnitude to alter the previously agreed upon school membership growth projections; or (iv) Other trends and factors tending to alter the previously agreed upon projected growth rates. If any such change is made in the projected growth rate, the methodology for determining this rate, or the student generation rate, the Orange County Board of Commissioners shall inform the other parties to this Memorandum prior to February 1 Sl in any year in which such change is intended to become effective what change was made and why it was necessary . The Orange County Board of Commissioners shall provide a copy of the updated CIP to each of the parties to the Memorandum as soon as it is revised, annually or otherwise. The towns and the county will adopt amendments to their respective ordinances, conceptually similar to that attached hereto as Exhibit A, to coordinate the approval of residential developments within the School District with the adequacy of existing and proposed school facilities. The following process shall be followed by the School District to receive and take action upon applications for Certificates of Adequacy of Public School Facilities ("CAPS") submitted by persons who are required by an implementing ordinance conceptually similar to that attached as Exhibit A to have such certificates before the development permission they have received from the town or county becomes effective. a. On November 15th_of each year, the School District shall calculate the building capacity of each school level and the school membership of each school level as of November 15th of that year. Also on November 15th of each year, the School District shall calculate the projected building capacity for each school level and the projected school membership for each school level as of November 15th in each of the following ten years. These calculations shall be made in accordance with the provisions of Section 1.a and Section l.b. and also in accordance with the remaining provisions of this section. b. On November 15th of the year in which the calculation above is made, the school building capacity numbers and the school membership numbers as of November 15th of that year are known figures (i.e. not projections). The twelve month period beginning on November 15th of the year in which the calculation is made and ending on November 14th of the following year is referred to as the "base year." c. Projections of school building capacity as of November 15th in each of the ten years following the base year shall be derived from the following: (i) A calculation of the existing building capacity within each school level; (ii) The anticipated opening date of schools under construction; C:lwindowslTEMPImoI1 for SAPFO rev REH 7.Q7.Q3.doc 3 . . . (iii) The anticipated opening date of schools on the ten-year CIP for which funding has been committed by the Board of Commissioners as a result of an approved bond issue, an approved installment purchase agreement, or otherwise; and (iv) The anticipated closing dates of any schools within the School District. In the first year in which the ordinance adopted pursuant to this Memorandum becomes effective, school membership figures as of November 15th in each of the succeeding ten years shall initially be assumed to be the same school membership figures as are determined for the base year. As CAPS are issued during the base year, school membership figures for the base year and succeeding years shall be modified to reflect the additional students from the developments for which CAPS are issued. On each November 15th following the first year in which the ordinance adopted pursuant to this Memorandum becomes effective, school membership figures as of November 15th in each of the succeeding ten years shall be determined by adding to the school membership figures for the base year the number of students projected to be added to the schools in each successive year by developments for which CAPS have been issued in accordance with this section. When an application for a CAPS is submitted, the School District shall determine the impact on school membership for each school level as of November 15th in each year of the period-during which the development is expected to be adding new students to the school system as the result of such new construction. In making this determination, the School District shall rely upon the figures established under Section I of this Memorandum as to the number of students at each level expected to be generated by each housing type, and data furnished by the applicable planning department as to the expected rate at which new dwellings within developments similar in size and type to the proposed development are likely to be occupied. Notwithstanding the foregoing, if, upon request of the applicant, the planning jurisdiction approving the development imposes enforceable conditions upon the development (such as a phasing schedule) to limit the rate at which new dwellings within the development are expected to be occupied, then the School District shall take such limitations into account in determining the impact of the development on school membership. The School District shall determine the amount of available capacity in each school level as of November 15th in the base year and each November 15th ofthe succeeding ten years by subtracting from the building capacity numbers for each of those years the student membership numbers for each of those years. The results shall then be compared with the number of students expected to be added to each school level as of November 15th in each year (as determined in accordance with subsection 3.f above)._ The School District shall make that information known to the parties to this agreement within 15 days of the comparison: If the School District determines that the projected remaining capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1 of this d. e. f. g. C:lwindowsITEMP\mou for SAPFO rev REH 7.Q7.Q3.doc 321 4 . . . Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. 31)f) t:..r.... h. Memorandum then the School District shall issue the CAPS. If the School District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS. The School District shall issue CAPS on a "first come first served" basis, according to the date a completed application for a CAPS is received. If projected building capacity is not available and an application for a CAPS is therefore denied, the development retains its priority in line based upon the CAPS application date. A CAPS issued in connection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit shall expire automatically upon the expiration of such plat, plan, or permit approval. The towns and the county will provide to the School District all information reasonably requested by the School District to assist the District in making its determination as to whether the CAPS should be issued. The School District will use its best efforts to construct new schools and permanent expansions or additions to existing schools in accordance with the CIP. Orange County will use its best efforts to provide the funding to carry out the Capital Improvement Plan referenced in Section 1 above. In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: a. For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs; b. For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. The parties acknowledge that this Memorandum of Understanding is not intended to and does not create legally binding obligations on any of the parties to act in accordance with its provisions. Rather, it constitutes a good faith statement of the intent of the parties to cooperate in a manner designed to meet the mutual objective of all the parties that the children who reside within the School District are able to attend school levels that satisfy the level of service standards set forth herein. C:lwindowslTEMPImou for SAPFO rev REH 7.Q7.Q3.doc 5 . . . 323 The Town of Hills borough intends to remain committed to the MOU only as long as Orange County continues to execute the CIP as agreed in the MOU. If the Hillsborough Board of Commissioners finds Orange County is no longer in compliance with the CIP as outlined in the MOU, the Town of Hillsborough will no longer consider itself bound by this MOU and may consider repealing the Ordinance referenced in Section 2 of this MOD. This the _ day of July, 2003 TOWN OF HILLSBOROUGH SEAL By: Mayor Attest: Town Clerk ORANGE COUNTY BOARD OF EDUCATION SEAL By: Chair Attest: Secretary ORANGE COUNTY SEAL By: Chair, Board of Commissioners Attest: Clerk to the Board of Commissioners Isg:orangecountylmou for oc bd of educ cb version with geg chgs.doc C:lwindowslTEMPImou for SAPFO rev REH 7.Q7.Q3.doc 6 . . . 324 Draft completed by Staff 6/4/03 Revised 6/23/03 ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorandum of Understanding is entered into this _ day of , 20_, by and among the Town of Hillsborough, the Orange County Board of Education and Orange County. WHEREAS, school membership within the middle school level in the Orange County School District for the 2002-2003 school year exceeds 107% of building capacity; and WHEREAS, a third middle school for the Orange County School District is in the planning stage, on the Orange County 10-year CIP and funding has been committed to the Orange County Board of Education capital expense fund for this school by Orange County as a result of an approved bond issue; and WHEREAS, it is anticipated that the third middle school in the Orange County School District will be completed and middle school students will begin attending this school when the 2006-2007 school year begins; and WHEREAS, it is in the interest of the parties to the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Hillsborough, the Orange County Board of Education and Orange County (hereinafter "the MOD") and to the citizens of Orange County that the Schools Adequate Public Facilities Program be implemented for the Orange County School District in 2003 in tandem with the implementation of the Program for the Chapel Hill-Carrboro City School District; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section 3.g. of the MOU is amended by deleting Section 3.g. and replacing it with the following: Section 3. g. The School District shall determine the amount of available capacity in each school level as of November 15th in the base year and each November 15th of the succeeding ten years by subtracting from the building capacity numbers for each of those years the student membership numbers for each ofthose years. The results shall then be compared with the number of students expected to be added to each school level as of November 15th in each year (as determined in accordance with subsection 3.f above). The School District shall make that information known to the parties to this agreement within 15 days of the comparison. If the School District determines that the projected remaining capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity level~ set forth in Section I of this Memorandum then the School District shall issue the CAPS. If the School . . . Attest: 325, Draft completed by Staff 6/4/03 Revised 6/23/03 District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS. For the period of time beginning the effective date of the ordinances referred to in Section 2 of this MOU and terminating on the day on which the third middle school within the Orange County School District is first attended by middle school students, the determination by the Orange County School District that adequate service levels for public schools exist shall be made without regard to whether or not school membership within the Middle School level exceeds 107% of Building Capacity. On and after the day on which the third middle school within the Orange County School District is first attended by middle school students, determination by the Orange County School District that adequate service levels for public schools exist shall be made only ifschool membership within each school level does not exceed the following: Elementary School Middle School High School 105% of Building Capacity 107% of Building Capacity 110% of Building Capacity This the _ day of SEAL Secretary SEAL ,20_0 TOWN OF HILLSBOROUGH By: Mayor ORANGE COUNTY BOARD OF EDUCATION By: Town Clerk Attest: Chair 2 . . . SEAL Attest: Clerk to the Board of Commissioners Isg:orangecountylMOU addendum ocschools middle school 6-23-D3.doc Draft completed by Staff 6/4/03 Revised 6/23/03 ORANGE COUNTY By: Chair, Board of Commissioners 326 3 327 . Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 Exhibit A AN ORDINANCE AMENDING THE HILLSBOROUGH ZONING ORDINANCE AND THE HILLSBOROUGH SUBDIVISION ORDINANCE TO REQUIRE THAT THE ADEQUACY OF PUBLIC SCHOOLS FACILITIES TO ACCOMMODATE NEW DEVELOPMENT BE CONSIDERED IN THE APPROVAL PROCESS WHEREAS, the portion of Orange County served by the Orange County School System District (the "School District"), has for the past decade been experiencing rapid growth in population; and WHEREAS, this rapid growth, and that which is anticipated, creates a demand for additional school facilities to accommodate the children who reside within new developments; and WHEREAS, the responsibility for planning for and constructing new school facilities lies primarily with the Orange County School Board, with funding provided by Orange County; and . WHEREAS, Orange County, the Town of Hillsborough ("Hillsborough" or the "Town"), and the Orange County School District have recognized the need to work together to ensure that new growth within the School District occurs at a pace that allows Orange County and the School District to provide adequate school facilities to serve the children within such new developments; and WHEREAS, to implement the Memorandum of Understanding among Orange County, Hillsborough, and the Orange County School Board, the Town of Hillsborough Board of Commissioners desires to provide a mechanism to assure that, to the extent possible, new development will take place only when there are adequate public school facilities available, or planned, which will accommodate such new development; NOW THEREFORE, THE TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS ORDAINS: Section I. The Town of Hillsborough Zoning Ordinance is amended by adding a new Section 5.35 to read as follows: 5.35 ADEQUATE PUBLIC SCHOOL FACILITIES 1. Purpose. . The purpose of this ordinance is to ensure that, to the maximum extent practical, approval of new residential development will become effective only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. g: \craig\sapfo \ord inance- final . . . 328 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 2. Certificate of Adequacy of Public School Facilities. (a) Subject to the remaining provisions of this [section], no approval under this ordinance of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit for a residential development shall become effective unless and until Certificate of Adequacy of Public School Facilities (CAPS) for the project has been issued by the School District. (b) A CAPS shall not be required for a general use or conditional use rezoning or for a master land use plan. However, even if a rezoning or master plan is approved. a CAPS will nevertheless be required before any of the permits or approvals identified in subsection (a) of this section shall become effective, and the rezoning of the property or approval of a master plan provides no indication as to whether the CAPS will be issued. The application for rezoning or master plan approval shall contain a statement to this effect. (c) A CAPS must be obtained from the School District. The School District will issue or deny a CAPS in accordance with the provisions of the Memorandum of Understanding among Orange County, Hillsborough, and the Orange County School District dated (d) A CAPS attaches to the land in the same way that development permission attaches to the land. A CAPS may be transferred along with other interests in the property with respect to which such CAPS is issued, but may not be severed or transferred separately. 3. Service Levels. (a) This section describes the service levels regarded as adequate by the parties to the Memorandum of Understanding described in subsection (b) with respect to public school facilities. (b) As provided in the Memorandum of Understanding among Orange County, Hillsborough, and the Orange County School District, adequate services levels for public schools shall be deemed to exist with respect to a proposed new residential development if, given the number of school age children projected to reside in that development, and considering all the factors listed in the Memorandum of Understanding, projected school membership for the elementary schools, the middle schools, and the high school(s) within the Orange County School District will not exceed the following percentages of the building capacities of each of the following three school levels: elementary school level middle school level high school level 105% 107% 110% For the period oftime beginning the effective date of this ordinance and terminating on ,the day on which the third middle school within the Orange County School District is first attended by middle school students, the determination by the Orange County School g: \craig\sapfo \ordinance- fi nal 2 329 . Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 District that adequate service levels for public schools exist shall be made as prescribed above but without regard to whether or not projected capacity of the Middle School level exceeds 107% of Building Capacity. On and after the day on which the third middle school within the Orange County School District is first attended by middle school students, determination by the Orange County School District that adequate service levels for public schools exist shall be made only ifprojected capacity of each school level does not exceed the following: Elementary School Middle School High School 105% of Building Capacity 107% of Building Capacity 110% of Building Capacity For purposes of this ordinance, the terms "building capacity" and "school membership" shall have the same meaning attributed in the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Hillsborough, Orange County and the Orange County Board of Education. 4. Expiration of Certificates of Adequacy of Public School Facilities. A CAPS issued in connection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit shall expire automatically upon the expiration of such plat, plan, or permit approval. . 5. Exemption From Certification Requirement for Development with Negligible Student Generation Rates In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: a. For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs; b. For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. 6. Applicability to Previously Approved Projects and Projects Pending Approval. . (a) Except as otherwise provided herein, the provisions of this ordinance shall only apply to applications for approval of subdivision preliminary plats, minor subdivision final plats, site plans and conditional or special use permits that are submitted for approval after the effective date of this ordinance g: \craig\sapf 0 \ord inance- fi nal 3 . . . 330 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 (b) The provISIOns of this ordinance shall not apply to amendments to subdivision preliminary plats, minor subdivision final plats, site plans, or special or conditional use permit approvals issued prior to the effective date of this ordinance so long as the approvals have not expired and the proposed amendments do not increase the number of dwelling units authorized within the development by more than five percent or five dwelling units, whichever is less. (c) The Board of Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a subdivision preliminary plat, minor subdivision final plat, site plan or conditional or special use permit covers property within a planned unit development or master plan project that was approved prior to the effective date of this ordinance, if the Board of Commissioners finds, after an evidentiary hearing, that the applicant has (I) applied to the School District for a CAPS and the application has been denied, (2) in good faith made substantial expenditures or incurred substantial binding obligations in reasonable reliance on the previously obtained planned unit development or master plan approval, and (3) would be unreasonably prejudiced if development in accordance with the previously approved development or plan is delayed due to the provisions of this ordinance. In deciding whether these findings can be made, the Board of Commissioners shall consider the following, among other relevant factors: (I) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities which were designed to serve or to be paid for in part by the development of portions of the planned unit development or master planned project that have not yet been approved for construction; (2) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities that directly benefit other properties outside the development in question or the general public; (3) Whether the developer has donated land to the School District for the construction of school facilities or otherwise dedicated land or made improvements deemed to benefit the School District and its public school system; (4) Whether the developer has had development approval for a substantial amount of time and has in good faith worked to timely implement the plan in reasonable reliance on the previously obtained approval; (5) The duration of the delay that will occur until public school facilities are improved or exist to such an extent that a CAPS can be issued for the project, and the effect of such delay on the development and the developer. (d) The decision of the Board of Commissioners involving a special exception application under subsection (c) is subject to review by the Orange County Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after a written copy of the decision of the Board of Commissioners is delivered to the applicant and every g: Icraig\sapf 0 \ord i nance- fi nal 4 331 . Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 other party who has filed a written request for such copy with the Clerk to the Board of Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of Commissioners may be delivered either by personal service or by certified mail, return receipt requested. (e) The Mayor or any Board member temporarily acting as Mayor may, in his or her official capacity, administer oaths to witnesses in any hearing before the Board of Commissioners concerning a special exception. 7. Appeal of School District Denial of a CAPS. . The applicant for a CAPS which is denied by the School District may, within 30 days of the date of the denial, appeal the denial to the Board' of Commissioners. Any such appeal shall be heard by the Board of Commissioners at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the denial may present its reasons why the CAPS application should have, in its view, been approved and the evidentiary basis it contends supports approval. The Board of Commissioners may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing before the Board of Commissioners not brought before the School District, or (3) issue a CAPS. The Board of Commissioners will only issue a CAPS if it finds that the CAPS should have been issued by the School District as prescribed in the Memorandum of Understanding among the School District, Orange County and the Town. A decision of the [governing body] affirming the School District may be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Section 6(d) of this ordinance. 8. Information Required From Applicants. The applicant for a CAPS shall submit to the School District all information reasonably deemed necessary by the School District to determine whether a CAPS should be issued under the provision of the Memorandum of Understanding between the Board of Commissioners, Orange County, and the School District. An applicant for a CAPS special exception or an applicant appealing a CAPS denial by the School District shall submit to the Board of Commissioners all information reasonably deemed necessary by the Board of Commissioners to determine whether a special exception should be granted as provided in Section 6( d) of this ordinance or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a CAPS special exception or of an appeal of a School District denial of a CAPS shall be served on the superintendent of the School District. Service may be made by personal delivery or certified mail, return receipt requested. Section 2; The Town of Hillsborough Subdivision Ordinance is amended by adding a new Section 6.1, to read as follows: . g: \crai g\sapfo \ord i nance- fi nal 5 332 . Approved by Schools and Land Use Councils I l/l 4/0 I; Draft completed by staff 2/8/02 6.1 Adequate Public School Facilities Notwithstanding any provision in this Subdivision Ordinance to the contrary, and in addition to the requirements of Section 3 of this Subdivision Ordinance, all subdivisions of land for residential development must comply with the requirements of Zoning Ordinance Section 5.35, which requires the issuance of a Certificate of Adequate Public Schools Facilities (CAPS) before any approval of a subdivision preliminary plat or minor subdivision final plat becomes effective. Section 3. This ordinance shall become effective on the date that an MOU has been executed by all of Carrboro, Chapel Hill, the Chapel Hill-Carrboro Board of Education, Hillsborough, the Orange County Board of Education and Orange County.. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this _ day of ,2003. Ayes: Noes: Absent or Excused: . . g: \crai g\sap f 0 \ord inance- final 6