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BC 1995 05 08
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BC 1995 05 08
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4/30/2002 3:38:15 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
5/8/1995
Board
Board of Commissioners
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406 <br /> <br /> 1. Purpose. The purpose of this Agreement is to establish <br />a basis for cooperation between CABARRUS and HARRISBURG with regard <br />to the sale of treated water by CABARRUS and HARRISBURG. <br /> 2. Duration of Agreement. The duration of this Agreement is <br />forty (40) years, which term shall be automatically renewed for <br />successive periods of twenty (20) years each, unless amended or <br />terminated as to executory matters in the manner set forth in <br />Paragraph 8 of this Agreement. <br /> 3. Treated Water Authorization. Effective with the <br />execution of this Agreement, CABARRUS grants to HARRISBURG, together <br />with other customers, the non-exclusive, continuing right and <br />authority to consume and receive treated water from CABARRUS to the <br />extent of the availability thereof to CABARRUS at the rate set forth <br />in Paragraph 4. CABARRUS shall not unreasonably or arbitrarily <br />withhold delivery of such amounts of treated water. It is, however, <br />specifically PROVIDED THAT: <br /> (a) The treated water furnished and delivered to HARRISBURG <br />by CABARRUS shall be of a quality consistent with or exceeding all <br />applicable federal and state regulatory standards, including, but <br />not limited to, the federal Safe Drinking Water Act and the North <br />Carolina Drinking Water Act (N.C.G.S. 130A-311), et sec., as <br />presently existing or subsequently amended; and <br /> (b) Notwithstanding the foregoing, CABARRUS shall not be <br />liable to HARRISBURG, in damages or otherwise, for the failure to <br />furnish treated water, as set forth herein, or for the quality of <br />same, arising from the existence of a condition or conditions that <br />objectively preclude the delivery of treated water to any customer <br />of GABARRUS, e.g., contamination, equipment failure, act of God, or <br />like conditions beyond the control of CABARRUS. <br /> 4. Treated Water Charge. For all treated water sold or <br />delivered by CABARRUS to HARRISBURG or received by HARRISBURG from <br />CABARRUS pursuant to this Agreement or otherwise, CABARRUS shall <br />charge HARRISBURG no more than the rate CABARRUS charged to <br />HARRISBURG effective upon the date of the HARRISBURG LOOP Agreement, <br />t.e, the sum of One Dollar ($1.00)~per thousand gallons of treated <br />water (the "Treated Water Charge"), PROVIDED THAT: <br /> a) The Treated Water Charge may increase or decrease due to <br />maintenance and operation costs and/or the purchase rate of treated <br />water of CABARRUS from its supplier, the City of Concord; <br /> b) if the Treated Water Charge is a graduated rate based <br />upon the amount of usage in any billing period, HARRISBURG shall be <br />subject to the same graduated rate schedule; <br /> c) CABARRUS shall notify HARRISBURG of any change in the <br />Treated Water Charge on or before June 1 of any calendar year for <br />imposition effective July 1 of any calendar year; <br /> d) GABARRUS shall bill HARRISBURG in accordance with its <br />established billing cycle based upon meter readings provided by <br />HARRISBURG. HARRISBURG shall pay said bills within thirty (30) <br />days of receipt. Upon failure of payment, CABARRUS may discontinue <br />supplying treated water upon ten (10) days' written notice to <br />HARRISBURG; and <br /> e) HARRISBURG shall maintain complete and accurate records <br />of flow from all metering points. At all times, GABARRUS shall have <br />access to such flow measurement facilities for the purpose of review <br />of the accuracy of readings therefrom. <br /> 5. Operation and Maintenance. CABARRUS and HARRISBURG shall <br />be responsible for all operation and maintenance of facilities <br />within their individual services area. <br /> 6. Interruption of Service. Whenever practicable, CABARRUS <br />shall provide at least twenty-four (24) hour notice prior to any <br />interruption of service necessary for the HARRISBURG customers due <br />to a planned interconnection installation, maintenance outage or <br />other foreseeable interruption of service. Information as to the <br />duration and extent of interruption will be provided within the <br />notice. When interruptions of service are due to emergency <br />situations which cannot be foreseen, HARRISBURG will be notified as <br />soon as possible as to the estimated duration and extent of the <br />interruption. <br /> <br /> <br />
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