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RES-2004-072 Amend Agreement Establishing the Orange-Person-Chatham Local Management Entity
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RES-2004-072 Amend Agreement Establishing the Orange-Person-Chatham Local Management Entity
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Last modified
4/19/2011 10:22:19 AM
Creation date
3/16/2011 11:37:57 AM
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BOCC
Date
10/5/2004
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
6e
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Agenda - 10-05-2004-6e
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\Board of County Commissioners\BOCC Agendas\2000's\2004\Agenda - 10-05-2004
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5 <br />. the entire term for each county commissioner representative <br />must be during the actual term of their elected position. <br />After the initial terms set forth below, the three at-large <br />members shall each serve a three-year term commencing on <br />the first day of January in the year in which elected to <br />the seat on the LME Governing Board. To accommodate future <br />January appointment dates and to create staggered <br />appointments on the Board, the initial appointments to be <br />Board will be as follows: Chatham appointment - for a term <br />commencing on July 1, 2004 and ending on December 31, 2007; <br />Orange appointment - for a term commencing on July 1, 2004 <br />and ending on December 31,.2006; Person appointment - for a <br />term commencing on July 1, 2004 and ending on December 31, <br />2005. The Advisory Committee chair shall serve a term of <br />two years commencing on the first day of January in the <br />year in which elected to the seat on the LME Governing <br />Board. <br />• <br />and hereby amends Section 8, Timetable for Appointment, as follows: <br />Each Party agrees that it shall make its initial <br />appointment to the Governing Board and all subsequent <br />appointments as soon. as possible and in any event within 90 <br />days of any vacancy for which a Board of County <br />Commissioners has appointment authority. <br />and hereby amends Section 20, <br />Dissolution of OPC and Transfer of <br />Assets and Liabilities as follows: <br />The Parties through their respective Boards of County <br />Commissioners, in accordance with the provisions of <br />N.C.G.S. §122C-115.3, have determined to dissolve OPC and <br />operate as a multi-county program. The dissolution of OPC <br />will be effective at the end of the fiscal year in which <br />the action of dissolution transpires. The dissolution of <br />OPC will be preceded by a public hearing in Orange County, <br />in Person County and in Chatham County, each held with <br />notice published in every participating county at least ten <br />days before the hearing. The dissolution .of OPC will be <br />with prior approval of the Secretary. Continuity of <br />services provided by OPC in its Catchment Area is assured <br />by virtue of the creation of .the LME and the execution of <br />this Agreement. <br />The budgetary surplus available to OPC at the time of <br />its dissolution is to be distributed to Orange, Person and <br />Chatham Counties respectively on the same pro rata basis as <br />each county appropriated and contributed funds to OPC's <br />• budget during the fiscal year in which dissolution <br />occurred. Prior to distribution, an audit of the financial <br />records of OPC shall occur and distribution shall be based <br />
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