2002 NS MOUSchools Adequate Facilities Memorandum of Understanding

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ADDENDUlVI TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUltiI OF UNDERSTANDI~TG 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 is 115% 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-yeaz CIP and funding has been committed to 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 2005-2006 school year begins; and WHEREAS, it is in the interest of the parties to this Memorandum of Understanding (MOLn 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 implementa.tion of the Program for the Chapel Hill-Carrboro 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 to read as follows: Section 3.g. If the School District determines that the projected 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 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 sha11 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. OPTION I 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