Agenda - 10-17-2013 - 1 - Laserfiche WebLink

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I a41 . ORANGE COUNTY Office of the County P.O. }3® 8181 Attorney i` 200 S. CAMERON STREET HILLSBOROUGH, NC 2727 ter To: Bernadette Pelissier, Chair Pam Hem -minger, Vice Chair Valerie Foushee Alice M. Gordon Barry Jacobs -Earl McKee Steve Yuhasz CC: Frank Clifton, County Manager Donna Baker, Clerk to the Board From: John Roberts Date: November 12, 2012 Re: Rogers Road Area Improvement Funding I met with the attorneys for Chapel Hill and Carrboro on November 6th to discuss various proposals to extend sanitary sewer lines into, and the construction of a community center in, the Rogers Road area (the "Neighborhood "). l will address the various proposals separately. USE Of THE $900,000 LANDFILL RESERVES TO FUND SEWER LINE EXTENSION By law enterprise fund dollars cannot be used for purposes other than the direct and indirect costs of operating and maintaining the landfill. it is highly unlikely landfill operations could be tied to septic system failures in the Neighborhood. It is my understanding the $900,000 was generated through tipping fees rather than reimbursable contributions. Assuming that is the case the $900,000 is a part of the enterprise fund and may not be used for non - landfill operations related purposes. For these reasons the Town attorneys and I are in agreement the $900,000 cannot be used for the extension of sewer lines. CONTRIBUTIONS TO SEWER EXTENSION COSTS BY THE TOWNS OF CARRBORO AND CHAPEL HILL The primary issue for contributions by the Towns to sewer line extension appears to be the limitation of Town expenditures to their own jurisdictions. Both Town attorneys agreed that in order for the Towns to fund some portion of the cost of sewer line extensions the sections of sewer lines funded must be within the Town limits. For this reason annexation of some areas may be necessary. An additional issue is the requirement that if a part of a planned subdivision is to be annexed the entire subdivision must be annexed. Because annexation is not a county issue I will rely on the Town attorneys to further explain other restrictions related to annexation.