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Agenda - 09-07-1999 - 10b
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Agenda - 09-07-1999 - 10b
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Last modified
3/11/2009 2:42:28 PM
Creation date
3/11/2009 2:42:24 PM
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BOCC
Date
9/7/1999
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
10b
Document Relationships
1999 NS Water and Sewer Management Planning and Boundary Agreement 9-7-1999
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\1990's\1999
Minutes - 19990907
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\Board of County Commissioners\Minutes - Approved\1990's\1999
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.~r <br />Qraage Water and Sewer Authority <br />February 111,1999 <br />Fage I8 <br />the 6ound~ry in which the service is provided shall review and approve or .not approve the <br />coatinuatio~t of the transfer beyond 90 days. IC continuation oC the transfer is approved, it may <br />continue [oK as additional 90-day period. Approval shall be required for each subsequent 90-day <br />period, wit a maximum emergency water transfer duration of 365_ days from inception. Lack oC <br />action by a elected boards as provided is this subsection constitutes approves[ for the subsequent <br />90-0ay per~od." Mr. Epting said that veto element ought to be troublesome to each of the elected <br />boards as v~ell as to the OWA.SA Board. <br />Daft VaaderMeer said the nett Item for discussion is noaemergeacy iaterutiitty water <br />transfers aptd Mr. VaaderMeer suggested that it be Iinked to the provision of water Into Chatham <br />County by ~WASA. • <br />Petjeer Gordon said he suggests not linking nonemergeacy interutility water transfers to <br />eztensioa o~service into Chatham County. Dr. Gordon said he would distinguish wholesale vs. retail <br />service. Mc1. VanderMeer said the retail issue would be discussed. <br />Wi~iiam Stromsaid he is comfortable with the language in the draft-corrected agreement as <br />it stands. QWASA exists to provide service to southern Orange County, the Town oC Carrboro, and <br />the Town o~ Chapel 13it1. If OWA,SA is going to ezpand Its retail area .the constituent governments <br />would have is say and Mr. Strom said he is comfortable with that arrangement. <br />Patjrick Davis said OWASA has Sale and Purchase Agreements with The University oCNorth <br />Carolina at'', Chapel 13'iil, the Tows of Carrboro, and the Town of Chapel H'iIl and each has specific <br />obligations. ~n each of the Agreements. Mr. Davis said the Agreements states that OWASA must. <br />provide Its hest effort to extend service into those areas that the Town of Carrboro and the Town of <br />Chapel ffil ianaex, and to also support its order[ygrowth and development plans. <br />Mr Davis said if a member government wanted to annex into a certain area, any one of the <br />parties to ~he Sale and-Purchase Agreements could veto the proposed annexation wader the draft <br />agreement. f OWASA's ability to ertend service would then be constrained by one of the other two <br />member govvernmeats and OWA,SA's ability. to meet its obligations under fhe Sale and Purchase <br />Agreements would be hindered. Patrick Davis said If the three member governments decide that this <br />was appropriate and desirable, could this agreement 6e a supplemental cmderstand'tng . or <br />clarification of the Sale:and •Purchase .Agreements that would supersede the pcevions Sale .and <br />Purchase eats' •provisioas or obligatioas..that OWASA has. Mr. Davis .said he ..•is <br />uacemfotta le with language that would give any jurisdiction or member government veto power <br />over anothek member government's decision <br />Wtl~iam Strom • said In•the Interest of getting OWASA into a position to sign the agreement, <br />as approach is to Include a provision that should there be annezatioa that OWASA is obligated to <br />serve that a~tnexatioa. . <br />Rot~ert Epttag said he has spoken to the Chapel H'i(1 Town Attorney about Wi[[iam Strom's <br />comment acid it could be .resolved in that way or by way of an annexation. boundary agreement <br />between the' Town of Carrboro and the Town of Chapel Hi[L Mr. l,pfiag said flat if the Towns' <br />latent by la~tguage In the boundary agreement is to amend the Sale and Purchase Agreements and <br />OWASA's #esponsibility wader those agreements, they there should 6e a provision stating that. <br />OWASA is constrained in every direction Ia terms o[ annexation. <br />Wiliam Strom said in Ute absence o[ annexation, the -Board should diseuss new turf in <br />northern CtKatham County regarding a new service area, and it would be appropriate Cor the three <br />constituent governments to agree to that. <br />I'et~r Gordon said he would be pleased to take to the Task Force the suggestions Cor . <br />amending tic language in the Agreement to the effect that approval would not be needed if the <br /> <br />2 ~a <br />10.30 <br />i <br />
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