1999 NS Water and Sewer Management Planning and Boundary Agreement 9-7-1999

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= y Orange Water and Seger Authority " February 11, 1999 Page I$ the boundary in which the service Is provided shall review and approve or not approve the continuation of the transfer beyond 90 days. If continuation of the transfer is approved, It may continue for an additional 90-day period. Approval shall be required for each subsequent 90-day period,with a maximum emergency Water transfer duration of 365 days from inception. Lack of action by the elected boards as provided in this subsection constitutes approval for the subsequent 90-day period," Mr. Epttng said that veto element ought to be troublesome to each of the elected boards as well as to the OWASA Board, Din VanderMeer said the next Item for discussion is nonemergency interutitity water transfers and Mr.VanderMeer suggested that it be linked to the provision of water into Chatham County by OWASA. Peter Gordon said he suggests not linking nonemergency interutility water transfers to extension of service Into Chatham County. Dr.Gordon said he would distinguish wholesale vs.retail service. Mr.VanderMeer said the retail issue would be discussed. William Strom said he Is comfortable with the language in the draft-corrected agreement as it stands. OWASA exists to provide service to southern Orange County,the Town of Carrboro,and the Town of Chapel HIIL. If OWASA is going to expand Its retail area the constituent governments would have a say and Mr.Strom said he Is comfortable with that arrangement, Patrick Davis said OWASA has Sale and Purchase Agreements with The University of North Carolina at Chapel Hill,the Town of Carrboro,and the Town of Chapel Hill and each.has specific obligations in each of the Agreements. Mr. Davis said the Agreements states that OWASA. must provide Its best effort to extend service into those areas that the Town of Carrboro and the Town of Chapel Hill annex,and to also support Its orderiy growth and development plans. Mr.Davis said if a member government wanted to annex into a certain area,any one of the parties to the Sale and Purchase Agreements could veto the proposed annexation under the draft agreement. OWASA's ability to extend service would then be constrained by one of the other two member governments and OWASA's ability to meet its obligations under the Sale and Purchase Agreements would be hindered. Patrick Davis said If the three member governments decide that this was appropriate and desirable, could this agreement be a supplemental understanding.or clarification of the Sale:and-Purchase .Agreements that would supersede the previous Sale and Purchase Agreements' provisions or obligations.1hat OWASA has. Mr. Davis .said he>is uncomfortable with language that would give any jurisdiction or member government veto power over another member government's decision. William Strom•said in-the Interest of getting OWASA Into a position to sign the agreement, an approach Is to Include a provision that should there be annexation that OWASA Is obligated to serve that annexation. Robert Epting said he has spoken to the Chapel EM Town Attorney about William Strom!s comment and it could be resolved in that way or by way of an annexation boundary agreement between the Town of Carrboro and the Town of Chapel Hill. Mr. EpCmg,said that if the Towns' Intent by language In the boundary agreement is to amend the Sate and Purchase Agreements and OWASA's responsibility under these agreements, then there should be a provision stating that. OWASA is constrained in every direction in terms of annexation, William Strom said in the absence of annexation, the Board should discuss new turf in northern Chatham County regarding a new service area, and It would be appropriate for the three constituent governments to agree to that Peter Gordan said he would be pleased to take to the Task Force the suggestions for . amending the language In the Agreement to the effect that approval would not be needed if the