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Office of the County <br />Attorney <br />Attachment D <br />ORANGE COUNTY <br />P.O. BOX 8181 <br />200 S. CAMERON STREET <br />HILLSBOROUGH, NC 27278 <br />To: Bernadette Pelissier, Chair <br />Pam Hemminger, Vice Chair <br />Valerie Foushee <br />Alice M. Gordon <br />Barry Jacobs <br />Earl McKee <br />Steve Yuhasz <br />CC: Frank Clifton, County Manager <br />Donna Baker, Clerk to the Board <br />From: John Roberts <br />Date: November 12, 2012 <br />Re: Rogers Road Area Improvement Funding <br />N:(f <br />eats%i <br />31 <br />I met with the attorneys for Chapel Hill and Carrboro on November 6t" to discuss various proposals <br />to extend sanitary sewer lines into, and the construction of a community center in, the Rogers Road <br />area (the "Neighborhood "). I will address the various proposals separately. <br />USE OF THE $900,000 LANDFILL RESERVES TO FUND SEWER LINE EXTENSION <br />By law enterprise fund dollars cannot be used for purposes other than the direct and indirect costs of <br />operating and maintaining the landfill. It is highly unlikely landfill operations could be tied to septic <br />system failures in the Neighborhood. It is my understanding the $900,000 was generated through <br />tipping fees rather than reimbursable contributions. Assuming that is the case the $900,000 is a part <br />of the enterprise fund and may not be used for non - landfill operations related purposes. For these <br />reasons the Town attorneys and I are in agreement the $900,000 cannot be used for the extension <br />of sewer lines. <br />CONTRIBUTIONS TO SEWER EXTENSION COSTS BY THE TOWNS OF CARRBORO AND <br />CHAPEL HILL <br />The primary issue for contributions by the Towns to sewer line extension appears to be the limitation <br />of Town expenditures to their own jurisdictions. Both Town attorneys agreed that in order for the <br />Towns to fund some portion of the cost of sewer line extensions the sections of sewer lines funded <br />must be within the Town limits. For this reason annexation of some areas may be necessary. An <br />additional issue is the requirement that if a part of a planned subdivision is to be annexed the entire <br />subdivision must be annexed. Because annexation is not a county issue I will rely on the Town <br />attorneys to further explain other restrictions related to annexation. <br />