Agenda - 11-17-2009 - 6d - Laserfiche WebLink

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3 ol~Atic~>•: ct~t~~T~r St~LIn ~~vASTE I.~~I}FILi. It1PA~T zt~iv>/ -NU ~~.~~~' PRIVATELY C1WNF,D VVFLL REPAIR POLICI' (PRt?P()S.~L) In 19y9, Oran~:e County, the To~,~~n of'Chapel hill, the Tc~~~n of Carrboro and the Ta1vn ~~f ;`Iillsbaraugh entered into ~~~reement ~vherebv Change County (.subject. to the terms cwt the as~reen~ent) assumed the solid caste maria~e~nent responsibility for the disposal csf solid ~~aste county-tivide. ~~mong the elan}- items caverci in detail 1~ith that agreement ti~c~re pn~visions for the taunt}~ to address various improvements within the 'area° neighhtirin`:; the land fill property at the tinge the agreement was established. Page ~}- i 0 of the agrcen~etit provides: PART 6. The County will finance ctimtznunit~ benefits frtrm system funds tti the extent legaIIy permissible. "I'he .Parties will cooperate to provide Public benefits to the com~unif~ of residents end property owners in the neighborhood of the existing landfill. The Parties note the expected forthcoming report of the Landfill Benefits Committee that has been stud}~ing the question of community benefits. Upon the release of the report, each Fart shall provide for its Governing Board to discuss the working group's proposal for community benefits, and shalt provide for such IegaJl and other staff analysis of the proposed list as it may deem appropriate (especially including legal analysis concerning the use of System funds to pay the costs of such benefits). after each Party has completed its own analysis, the Parties shall ~i°ork together, diligently and in good Faith, to reach an agreement as to con~munitti• .benefits to be provided. The purpose of determining community benefits shall continue to include participation by persons belonging to the relevant communih~. Final determinations of the public benefits to be provided, the sources of financing ;end the mechanisms for providing the benefits. however, shall be made only h~' further agreement of all the Parties. The Parties state their preference that benefits be financed froze System funds to the extent permitted by law. To the extent permitted by law and by generally accepted accounting principles, to the extent determined by the Parties and notwithstanding any other provision of this Agreement, the costs of providing public benefits as described in this Part b may be treated as an expense ctf the System and may be paid. from System Revenues. The public benefits contem.~tated by this Section are to be considered as separate and distinct from any compensation de-termined to be owed for any "taking' of axt interest in property as deternzizacd by State ar Fcdcr:zl law.