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Agenda - 09-20-2022; 8-c - Amendment to the Water and Sewer Facilities Agreement with the Town of Hillsborough
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Agenda - 09-20-2022; 8-c - Amendment to the Water and Sewer Facilities Agreement with the Town of Hillsborough
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9/15/2022 2:26:17 PM
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Date
9/20/2022
Meeting Type
Business
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Agenda
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8-c
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Agenda for September 20, 2022 BOCC Meeting
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INTERLOCAL AGREEMENT BETWEEN ORANGE COMYAND THE TOWN OF HILLSBOROUGHFOR CONSTRUCTION AND 9 <br /> OPERATION OF WATER AND SEWER FACILIHESIN THE HILLSBOROUGH AREA ECONOMIC DEVELOPMENT DISTRICT OF <br /> ORANGE COUNTY <br /> a level of water and sewer service in the County EDD that is inferior to that provided to <br /> similarly 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 /> 11. Regulations. The Town of Hillsborough shall have the authority to protect and regulate the <br /> water and sewer systems and its users in the County EDD, including water use restrictions and <br /> regulations regarding discharges into the wastewater system. <br /> 12. Duration. The term of this Agreement shall be 5 years, unless terminated earlier by mutual <br /> agreement. On such termination, all obligations that are still executory on both sides are <br /> discharged but any right based on prior breach or performance survives. The term of this <br /> Agreement may be extended for additional 5 year terms upon written agreement of the <br /> governing bodies of each party. The governing body of each party hereto has determined the <br /> duration provided in this paragraph to be reasonable. <br /> 13. Appointment of Personnel. The Town Manager shall designate persons to carry out the <br /> Town of Hillsborough's obligations under this agreement. The County Manager shall <br /> designate persons to carry out Orange County obligations under this Agreement <br /> 14. Amendment and Termination. This Agreement may be amended or terminated by agreement <br /> of the parties. An amendment is not valid unless signed by both parties and wholly in <br /> accordance with requirements of the law. An amendment is not enforceable against the <br /> Town of Hillsborough unless it is signed by its Town Manager, or a deputy or assistant Town <br /> Manager and/or Mayor. An amendment is not enforceable against Orange County unless signed <br /> by the County Manager or Deputy County Manager and/or Chair of the Board of County <br /> Commissioners. <br />
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