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Nov-05-96 03: 13P ColQman Gledhill Hargrave 919 732 7997 <br /> )OX)RANDUK <br /> TO: Moses Carey, Jr. , Chair <br /> Orange County Board of Co=issioners <br /> and water and Sewer Boundary Task Force Chair <br /> FROM: Michael B. Brough <br /> Robert Epting <br /> Geoffrey E. Gledhill <br /> Ralph D. Karpinos <br /> REt Conceptual Draft Water and Sewer Service Boundary <br /> Agreement <br /> DATE: November 5, 1996 <br /> ----------------------------------------------------------------- <br /> On behalf of the Water and Sewer Boundary Task Force, you <br /> recently requested a review of the Conceptual Draft Water and <br /> Sewer Boundary Agreement accompanying your request. We have <br /> reviewed the draft agreement, met to discuss our review and agree <br /> on the following points. <br /> 1. Whilo there is no axplicit st^t-ntnry nuthnrity for long <br /> term boundary agreements for public utilities, they are <br /> implicitly authorized in one or more places. For example, <br /> Article 20 of Chapter 160A of the General Statutes, G.S. 5 160A- <br /> 460 et seq. , authorizes joint undertakings among North Carolina <br /> units of local government, including than Orange Water and Sewer <br /> Authority. Included within the undertakings permitted by <br /> interlocal cooperation agreements are public enterprises. Public <br /> water and sewer services are public enterprises. Any such <br /> interlocal agreement must be of reasonable duration, as , <br /> determined by the participating units of government. Any <br /> interlocal cooperation agreement must be ratified by resolution <br /> of the governing board of each unit of government participating. <br /> 2. A water and sewer boundary agreement should relate to <br /> and be limited to utility boundaries, utility responsibilities <br /> and who makes those determinations. The conceptual draft of the <br /> water and sewer boundary agreement we reviewed contained land use <br /> planning matters that we think should be the subject of an <br /> amendmenp or amendments to the joint Planning Agreement or <br /> included in a comparable cooperative planning agreement. <br /> Limitations on the use of public water and sewer or other water <br /> and sewer service should be in land use planning agreements among <br /> units of local government with land use planning power. <br /> Land use planning involves the exercise of legislative <br /> discretion which generally cannot be restricted by agreement. <br /> orange County and local governments in Orange County have <br /> specific legislative authority to limit the exercise of <br />