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Approved by Orange County Board of Commissioners 12/10/02 3 <br />opportunity for those governing Boards to comment on the <br />recommendation. In making its recommendation, the committee shall <br />consider the following, and in making its determination, the Board of <br />Commissioners shall consider the following: <br />(i) The accuracy of the methodology and projected growth rate then in <br />use in projecting school membership for the current school year; <br />(ii) The accuracy of the student generation rate then in use in <br />predicting the number of students at each level actually generated <br />by each new housing type; <br />(iii) Approval of and issuance of CAPS for residential developments <br />that, individually or collectively, are of sufficient magnitude to <br />alter the previously agreed upon school membership growth <br />projections; or <br />(iv) Other trends and factors tending to alter the previously agreed <br />upon projected growth rates. <br />If any such change is made in the projected growth rate, the methodology <br />for determining this rate, or the student generation rate, the Orange County <br />Board of Commissioners shall inform the other parties to this <br />Memorandum prior to February 1 S` in any year in which such change is <br />intended to become effective what change was made and why it was <br />necessary. <br />and that Section 9 of the MOU is amended to read as follows: <br />Section 9. The parties acknowledge that this Memorandum of Understanding is not <br />intended to and does not create legally binding obligations on any of the <br />parties to act in accordance with its provisions. Rather, it constitutes a <br />good faith statement of the intent of the parties to cooperate in a manner <br />designed to meet the mutual objective of all the parties that the children <br />who reside within the School District are able to attend school levels that <br />satisfy the level of service standards set forth herein. <br />The Town of Carrboro and/or Town of Chapel Hill intends to remain <br />committed to the MOU only as long as Orange County continues to <br />execute the CIP as agreed in the MOU. If the Carrboro Board of Aldermen <br />and/or the Ch del Hill Town Council find Orange County is no longer <br />in compliance with the CIP as outlined in the MOU, the Town of Carrboro <br />and/or Town of Chapel Hill will no longer consider itself bound by this <br />MOU and may consider repealing the Ordinance referenced in Section 2 <br />of this MOU. <br />This the day of , 20 <br />