ATTACHMENT 2
ADDENDUM TO
SCHOOLS ADEQUATE PUBLIC FACILITIES
MEMORANDUM OF UNDERSTANDING
This Addendum to the Schools Adequate Public Facilities Memorandum of Understanding is entered into this _____ day of _________, 20____, by and among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County.
WHEREAS, school membership within the high school level in the Chapel Hill-Carrboro City School District for the 2004-2005 school year is projected to exceed 110% of building capacity; and
WHEREAS, a third high school for the Chapel Hill-Carrboro City School District is in the planning stage, on the Orange County 10-year CIP and funding is expected to be committed to the Chapel Hill-Carrboro City Board of Education capital expense fund for this school by Orange County as a result of a combination of bond money, installment financing, impact fees and “pay-as-you-go” CIP revenue; and
WHEREAS, it is anticipated that the third high school in the Chapel Hill-Carrboro City School District will be completed and high school students will begin attending this
school when the 2006-2007 school year begins; and
WHEREAS, it is in the interest of the parties to the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County (hereinafter "the MOU") and to the citizens of Orange County that the Schools Adequate Public Facilities Program be implemented for the Chapel Hill-Carrboro City School District in 2003 in tandem with the implementation of the Program for the Orange County School District;
NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section 3.g. of the MOU is amended by deleting Section 3.g. and replacing it with the following:
Section 3.
g. The School District shall determine the amount of available capacity in each school level as of November 15th in the base year and each November 15th of the succeeding ten years by subtracting from the building capacity numbers for each of those years the student membership numbers for each of those years. The results shall then be compared with the number of students expected to be added to each school level as of November 15th in each year (as determined in accordance with subsection 3.f above). If the School District determines that the projected remaining capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1 of this Memorandum then the School District shall issue the CAPS. If the School District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS.
For the period of time beginning the effective date of the ordinances referred to in Section 2 of this MOU and terminating on the day on which the third high school within the Chapel Hill-Carrboro City School District is first attended by high school students, the determination by the Chapel Hill-Carrboro City School District that adequate service levels for public schools exist shall be made without regard to whether or not school membership within the High School level exceeds 110% of Building Capacity. On and after the day on which the third high school within the Chapel Hill-Carrboro City School District is first attended by high school students, determination by the Chapel Hill-Carrboro City School District that adequate service levels for public schools exist shall be made only if school membership within each school level does not exceed the following:
Elementary School 105% of Building Capacity
Middle School 107% of Building Capacity
High School 110% of Building Capacity
This the _____ day of ____________, 20___.
TOWN OF CARRBORO
SEAL
By: ___________________________
Mayor
Attest:
_______________________________
Town Clerk
TOWN OF CHAPEL HILL
SEAL
By: ___________________________
Mayor
Attest:
_______________________________
Town Clerk
THE CHAPEL HILL-CARRBORO
CITY BOARD OF EDUCATION
SEAL
By:___________________________
________________, Chair
ATTEST:
___________________________
_______________, Secretary
ORANGE COUNTY
SEAL
By: ___________________________
Chair, Board of Commissioners
Attest:
_______________________________
Clerk to the Board of Commissioners
lsg:orangecounty\MOU addendum chccs high school 6-4-03.doc