Orange County NC Website
Browse       Search
6 <br /> INTERLOCALAGREEMENT BETWEEN ORANGE COUNTY AND THE TOWN OF HILLSBOROUGH FOR CONSTRUCTION AND <br /> OPERATION OF WATER AND SEWER FACILITIES IN THE HILLSBOROUGH AREA ECONOMIC DEVELOPMENT DISTRICT OF <br /> ORANGE COUNTY <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. These fees and <br /> charges shall be in accordance with the Town of Hillsborough's charges on other locations <br /> outside the Town's corporate limits. Except to the extent specified otherwise, Orange <br /> County will have no right to any of those fees and charges, and nothing in this agreement will <br /> affect the use or disposition of those fees and charges unless defined in a reimbursement <br /> clause in this 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 the EDD will be used to reimburse Orange County for <br /> the design and construction of infrastructure in the EDD. Collectively, these fees collected <br /> from development inside the EDD will be termed "Dedicated Receipts". Such utility <br /> infrastructure reimbursement fees, if employed in this specific area, will be jointly developed <br /> and be implemented within respective development ordinances. No other fees or charges <br /> collected by Hillsborough, such as capacity and connection charges, will be used for that <br /> purpose. Hillsborough represents that it has legal authority to impose acreage fees and/or <br /> frontage charges. If at any time Hillsborough's acreage and/or frontage fees are held to be <br /> 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 /> a level of water and sewer service in the District that is inferior to that provided to similarly <br /> situated users of Hillsborough water and sewer services. <br /> 10. Annexation. The Town of Hillsborough may enter into agreements with developers and <br /> property owners that comply with Town of Hillsborough requirements related to annexation, <br /> including, but not limited to, that they will not seek annexation by any municipality other than <br /> the Town of Hillsborough; that they will petition for annexation when requested by the Town <br /> of Hillsborough; the Town of Hillsborough can delay annexation; and that they will be subject <br /> to remedies for violating the annexation-related provisions. <br />