Agenda - 01-20-1998 - 10a - Laserfiche WebLink

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y and treated in the sewage treatment rystem. Extension of a sewer line would serve this peupox. However, providing sewer line extensions to servt otter properties in the area cannot be justiftod on the same basis. 't~enfore, revenues other than those generated by tipping fees would have tv be used to finance such extenuions. One possibEc sAUroe of such revenues retigtet lx the sale of the Grease tract. I stee corrtforta5le tlut Carrboco and Chapel Hill could transicr their intctrst in this tact to the County as P~ of the transfer of all landfill related assets. The County could then doclaae the trot to be sur{~lus, sell it, and rase the proceeds for aa7 purpose. By prior agreement. the Catarty aught be bound to use stuh proceeds to finartu the Dose of sewn tine extensions. (l Wend to emphasize that I am disausiat vnly what is ltAaQy possible. l erco~e that there is a great diversity of opinion as to tht fate of the Cn+eate tract. Itt action, County Auorreey C>eafFi+ey Gledhill and Taw~t Artomey Ralph Ka<pitios have gt~eacer ceservatiosts than 1 do about the legality of Laing the proceeds stone the sale of land purchased with landfill funds for purposes other thaA the landfill,) As a general atarter, Orange Coutety, Cieapd Hill. and Carrboro nit have the aesthority to spend general fund revenues to extend water and sewer lines. However. Carrbot+o's aesilioriry to spend town funds to exteted tines to are uea that wiU not (by prior agrertnert) be annexed by Cartboro is not so clar. Only the west side of Rogax Road is (praxsdY) withiu Carrboco's aaaexation area Ncverthetess. s3noe some of the area proposed to tx served is within Carrbora's anrxxation area, ttte town ootsld probably participate with Orange County aed Chapel Hill in : joint tuide:taicing to pnavide sews so the arts. With rrspeci w the proposal to pay the foes incurred by low and modetase iit~sc persons ro Kook up to tlet utitiry litxs, additionst issues m ptesesstcd. Psyneent out of landfill roveenes of the fees incurred br o!1 who attttele w the wares lines that are extendRd could probably be justified ort the sareee basis as the attwion of those lines. taut i f ptymettt is to be limited to tow and moderau ieaame person, Chess tbt jtsstifigaioie far n+a>,ies such payments would have to be found is N.C.G.S. 1b0~A-4S6; which sutttociz~es acpatdittues ort progrsrns eoMarted with tltee health and welfare needs of persons of tow and modaratc ineoriee: Since this justifiads'on is tinreIateti to the operative of the fattdf I1. laAdfili tttr+ds could not be used. Nattier eauid landfil! funds be used for the psymwt of sawn hook-vp fns for the reasons discussed above. in stuttmary. funding of the water and sower benef[t proposals Due of geseaat fund avenues can ptbbahly be lolly jweifie4 Ust; of latsdfilt rcvemscs to fund the actdssion of water titres to neighbors wl>ose properties are xrved by wctls gad whose wells might ix contaminated by the tattdf lI can most !s'kely bt defended, as cart the payment of Pets to attach alt those so affected to such watts lines. tax of tipping fees from a cotusty owned landfill a pay far the cost of extrndin; sewn lines to properties other than the landfill. or to pay for sewn hook-trp fees, or to pay for walesstook-qp fees Daly for parsons of Iow and moderate irtc.ottee most probably cannot be rally defended. Apart from the source of revenues issues, same attentive must ix paid to tlee basis upon wteich the dividing tine has been dawn around the bencfitrd arcs. I am ceruia that Chia reodved cas+efu! cvrtsidtratiori, btu neither t tar the outer attorneys were aware of the factors that wrrt ~~ I 2