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10 <br /> 1 Commissioner Jacobs asked if Hillsborough's extending of utilities and likely annexation, <br /> 2 have any impact of Hillsborough's extraterritorial jurisdiction (ETJ). He asked if there is any <br /> 3 automatic ETJ extension around the perimeter of a municipality. <br /> 4 Craig Benedict said there is no ETJ extension. <br /> 5 John Roberts said Hillsborough would be limited in how it can impose a different fee in <br /> 6 different locations. He said there are legal limitations, and if all the customers are the same, <br /> 7 despite their location, the rates must be equal. He said the Town could structure its rate based <br /> 8 on the type of user, and impose a tiered approach, but not based on location. He said the <br /> 9 County and the Town could have an incentive program for economic development that may <br /> 10 offset those rates. <br /> 11 Commissioner Jacobs asked if Orange County is providing most of the infrastructure, <br /> 12 could the County not negotiate a lower water rate. <br /> 13 John Roberts said there are legal limitations on how the Town can impose differing <br /> 14 water rates. He said the rates must be the same regardless of location. <br /> 15 John Roberts said he can talk with the Town's Attorney, but there are State statute <br /> 16 limitations. <br /> 17 Commissioner Jacobs asked if the County will try and recover some of its investment, <br /> 18 other than via economic development. <br /> 19 Craig Benedict said there is a placeholder for acreage fees, but it has been left silent for <br /> 20 now due to legislation and sensitivity to utility rate structure. He said the Town is not adverse to <br /> 21 the use of acreage fees. <br /> 22 Commissioner Jacobs asked if rural buffer boundaries could be included on future maps <br /> 23 of this area. <br /> 24 Craig Benedict said yes. <br /> 25 <br /> 26 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to <br /> 27 authorize the Chair to sign the revised interlocal agreement with County Manager approval for <br /> 28 outlined aspects of the agreement, pending County Attorney review. <br /> 29 <br /> 30 VOTE: UNANIMOUS <br /> 31 <br /> 32 *The agreement is contingent upon the Town of Hillsborough's approval which occurs after the <br /> 33 County since the County is the `requesting'party. <br /> 34 <br /> 35 b. Phase 1 Infrastructure Design, Permitting, Bidding, and Miscellaneous Related <br /> 36 Services Contract for the Hillsborough Area Economic Development District <br /> 37 The Board considered approving a contract with The John R. McAdams Company, Inc. <br /> 38 (McAdams)for the engineering design, permitting, bidding, and miscellaneous related services <br /> 39 for phase 1 water and sewer infrastructure extensions to serve the Hillsborough Area Economic <br /> 40 Development District (EDD) south and west of the intersection of 1-40 and Old NC 86, as <br /> 41 previously approved during the FY 2015-16 Budget/Capital Investment Plan process at a cost <br /> 42 of $189,770, after review by the County Attorney and authorize the Chair to sign (Construction <br /> 43 phase services will be contracted at a later date as a potential amendment.). <br /> 44 Craig Benedict reviewed the background information below, as well as a map of the <br /> 45 area: <br /> 46 <br /> 47 BACKGROUND: <br /> 48 In FY 2015-16, the Planning & Inspections Department requested, through the Capital <br /> 49 Investment Plan (CIP), funding for proposed development in the Hillsborough Area Economic <br />