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• — COLEMAN, BERNHOLZ, DICKERSON, <br /> BERNHOLZ, GLEDHILL & HARGRAVE <br /> ATTORNEYS AT LAW <br /> 110 CH1URTON STREET • <br /> HILLSBOROUGH,N.C.27278 <br /> • 919-732-2196 <br /> 919-942'8300 May 13, 1985 — <br /> CHAPEL HILL OFFICE • <br /> SUITE 20.FRANKLIN BUILDING <br /> 137 E.FRANELIN STREET <br /> CHAPEL HILL,N.C.27514 <br /> 919 929 715I • <br /> ALONZO li.COLEMAN,JR. <br /> STEVEN A.BERNHOLZ Donald Will.hoit, Chair <br /> DONALD R.DICKERSON Moses Carey <br /> ROGER B.BERNHOLZ <br /> GEOFFREY E.GLEDHILL Ben Lloyd <br /> DOUGLAS HARGRAVE <br /> MARTIN j.RERNHOU Shirl Marshall . <br /> RICHARD J.SNIDER,JR. Norm an Walker <br /> JANE a do LISSOVOT <br /> 0.NICHOLAS HERMAN Orange County Offices <br /> LYNN A.ANDREWS <br /> • 106 E. Margaret Lane <br /> 01 Countsel Hillsborough, North Carolina 27278 <br /> BONNER D.SAWYER <br /> (19C2-1972) <br /> Re: Efland Area Sewer Project <br /> Dear Board Members: <br /> • <br /> • <br /> I have been asked to review the County's legal <br /> responsibility to construct a sewer collection and distribution <br /> system from Hillsborough west generally in the Efiand area in the <br /> face of new engineering estimates indicating the project as <br /> • <br /> originally designed will cost approximately $2 million compared to <br /> the $1.2 million originally estimated. Specifically the project in <br /> question is what is known as Phase I of the John R. McAdams <br /> Company Preliminary Report, Fifth Edition dated April 5, 1984, <br /> last revised August 7, 1984. [Hereinafter called Phase I] <br /> A sewer easement and agreement has been circulated among <br /> the owners of residences and businesses in Phase I. Apparently <br /> 19]. such owners have executed the sewer agreement indicating <br /> their willingness to connect to the sewer system. Article IIA of <br /> the agreement states that the "County agrees, subject to the terms <br /> and conditions of the resolution of the County Board of <br /> Commissioners adopted November 20, 3984, to construct and operate <br /> a sewer collection and treatment system which will serve the <br /> property of Owner/User described in Attachment A." Article IIF, <br /> however, provides: <br /> Owner/User understands that he/she or they are <br /> entering into this agreement with County to induce County <br /> to construct and operate the sewer collection and treatment <br /> system which is the basis for this agreement and that the <br /> system will in all likelihood only be constructed and <br /> operated by County if at least 179 persons, firms or <br /> corporations located in Phase I of the Project Area as <br /> defined in Attachment B apply for, by entering into this <br /> agreement with the County, connection to and sewer service <br /> . , <br />