Agenda - 12-06-2012 - 3 - Laserfiche WebLink

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� . 44 Orange Cotmty. Board of Cam¢nissioners - Page 2 � March 14, 2008 � " � Caunty may use the °[6Q acres] for 5ystem pnrposes"- eACept for buryiag m.ixed. solid wa.ste ar construction and d.e.�a�lition waste. On the other hand, the r�a?*�der of the property, the 104 acre parcel, is caatemplated to be v.sed for ather than Syst�n - ' purposes a.�id that if it is nsed for other than 5ystem pt�moses there wiI.l be a apaym.ent to the. County of a Reimb,ussement amount for deposit in the System enteiprise fund." Sin.ce the 104 acre • , garcel is owned jointly bg Carrboro, Chapel Hill and Orange � County, re�btirsement by the three governmeats to the System� - �nterprise fund for non-system use of the 104 acres will be ia . praportion. to their.owners�i.ip interests in the parcel (Carrbora • . 19or Chagel Hill 43�, Ora.nge CaU.nty 43�} . • There is nothing in the language of the.Agreement o= the - Ari►endment that cante.mplates or provides for the 60 acre "System ' "• gnrposes" parcel to be used fox� other th�n System p��T'rnoses. .In fact, that parcel was deeded from 'Carrbora, Chapel Hill and • • Orange Caunty solely for System p,�*�oses. At the time of the .Ag�eement and the Amenc�ent, it was contemp].ated that the 60 • acses wauld be tLSed for a L++lRF', transfer station o= both_ A copy of -t.he mi.nutes of the Jtil.y 7, 1939 Chapel ftill Town Council meeting minutes provides a saapshot of this history. Further evidence of the int�nt of the gar�ies to the Agreement that the ' . 60 acre parcel be dedicated ta System purposes is the fact that there is nothing in the Agreement or the Amendment that provides for •reimb�rsement to the System enterp�c�.se fund in the event the 60 acre parcel is not used for System purposes. . It is, of course, possible for Orange Cvunty and the towns • �f Carrboro, Chapel Aill- and.Aillsbarav.gh to further amend the Agreement to change the designation of the 60 acre parcel of tlze �Greene Tract from. �reserqed for System pvrposes" to, . essentially� the same designation as the remaini�.g portian af the Greene Tract. Given. the staff arid elected official work that has l��en. done an Greene Tract 115@5� that seems to me to be apprvpriate. �If such an amen.dment is adopted by the parties to ' . the Agreeiaent, then�the 60 ac�e portion of the Greene Tract would be available for• other than System j7»'�"rn0525 triggering the re'imhursement to the System enterprise fund pvrsv.a.n.t to the ' Reimbursement provisian of the Agreement. •