Orange County NC Website
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTYAND THE TOWN OF HILLSBOROUGHFOR CONSTRUCTION AND <br /> OPERATION OF WATER AND SEWER FACILITIES IN THE HILLSBOROUGH AREA ECONOMIC DEVELOPMENT DISTRICT OF <br /> ORANGE COUNTY <br /> 6. Ownership of and Responsibility for Infrastructure. Upon final completion of <br /> construction, and subject to any maintenance and warranty <br /> requirements included in the construction contract for the <br /> infrastructure, the Town of Hillsborough will be the owner of and responsible for the <br /> operation and maintenance of the infrastructure constructed under the construction contracts. <br /> All construction contracts shall provide for the indemnification and defense by the <br /> contractors of both Orange County and the Town of Hillsborough. <br /> 7. Fees and Charges. As long as a particular property is located outside the Town of <br /> Hillsborough's corporate limits, the Town of Hillsborough will impose, process, and collect <br /> all fees and charges with respect to that particular property, including acreage fees, <br /> connection charges, frontage charges, capacity charges, and utility rates in accordance with .. <br /> then-existing Town policies and consistent with State law. These fees and charges shall be in <br /> accordance with the Town of Hillsborough's charges on other locations outside the Town's <br /> corporate limits. Except to the extent specified otherwise, Orange County will have no right <br /> to any of those fees and charges, and nothing in this agreement will affect the use or <br /> disposition of those fees and charges unless defined in a reimbursement clause in this <br /> agreement or by supplemental agreement. <br /> 8. Reimbursement to Orange County. The acreage fees and/or frontage charges collected by the <br /> Town of Hillsborough, if any, from property situated within the County EDD (as shown on <br /> Exhibit A) will be used to reimburse Orange County for the design and construction of <br /> infrastructure in the County EDD. Collectively, these fees collected from development.inside <br /> the County EDD will be termed "Dedicated Receipts" and will be paid to Orange County by <br /> Hillsborough. Such utility infrastructure reimbursement fees, if employed in this specific area, <br /> will be jointly developed and be implemented within respective development ordinances. No <br /> other fees or charges collected by Hillsborough, such as capacity and connection charges, will <br /> be used for that purpose. If at any time Hillsborough's acreage and/or frontage fees are held to <br /> be unlawful or unauthorized, Hillsborough agrees to indemnify Orange County from and against <br /> any and all claims related to acreage fee payments made to Orange County by Hillsborough. <br /> This indemnification requirement shall survive any termination of this Agreement. <br /> 9. Nondiscriminatory Policies. The Town of Hillsborough will not establish policies that impose <br />