Orange County NC Website
15 <br /> John Roberts reviewed some of the legal questions that had been raised by the public. <br /> He said the North Carolina legislature prevents all local governments from directly contracting for <br /> lines to go in the ground, from building lines for internet infrastructure itself, and limits all local <br /> governments to only issuing grants for incentivizing a known service provider to install lines. He <br /> said the contract with Lumos is an incentive grant agreement. He said if Lumos was able to pass <br /> 6,000+ homes, they would receive $10 million. He said Lumos says they cannot complete the <br /> project. He said the remedy for that is for Lumos to not get the remainder of the money under the <br /> current contract. He said that is why the Board is considering an amendment. He said if this was <br /> a service contract where the county had contracted directly with someone to install the lines, then <br /> they could go to court to give the county specific performance. He said specific performance is a <br /> judicial order favoring an aggrieved party that directs the party in breach of a contract to do what <br /> they were supposed to do. He said that the Lumos contract is not that type of contract. He said <br /> it is an incentive grant agreement, and the remedy for not passing all the homes is that they don't <br /> get the remaining $6 million. <br /> Robert Reynolds, Chief Information Officer, made the following presentation: <br /> Slide #1 <br /> Lumos <br /> Broadband <br /> Project Update <br /> ORANGE <br /> NORTH <br />