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433 <br /> <br /> (c) Any new connection off existing CABARRUS lines shall <br />provide backflow prevention devices designed for the specific hazard <br />and meeting the requirements of CABARRUS' Backflow Prevention <br />Program. <br /> <br />9. User or Other Charges. <br /> <br /> (a) Neither KANNAPOLIS nor CABARRUS shall charge the other a <br />"transit," "transportation," "distribution," "maintenance," "user," <br />or other such fee or charge whether denominated as such or <br />otherwise, for the use of the other party's system for <br />transportation, distribution, discharge or other transmission of <br />water or sewer. <br /> (b) Paragraph 4 of the "Agreement to Supply Treated Water" <br />dated November 20, 1989, by and between KANNAPOLIS and CABARRUS is <br />hereby amended to read as follows: <br /> <br /> 4. Treated Water Charge. For all treated water <br />sold or delivered by KANNAPOLIS to CABARRUS or received <br />by CABARRUS from KANNAPOLIS pursuant to this Agreement <br />or otherwise, KANNAPOLIS shall charge CABARRUS no more <br />than 1.2 times the production cost thereof. The <br />production cost shall include only the expense of <br />operation and maintenance of the facility or facilities <br />utilized by KANNAPOLIS, directly or indirectly, for <br />treating raw water and shall expressly exclude any and <br />all capital costs for such facilities or debt service <br />therefor (the "Treated Water Charge"), PROVIDED THAT: <br /> <br /> (a) For so long as Fieldcrest Cannon, Inc., its <br />successors or assigns, provides treated water to <br />KANNAPOLIS under the Utility Services Operation <br />Agreement between Kannapolis and Fieldcrest Cannon, <br />Inc., dated August 21, 1989, a copy of which is attached <br />marked Exhibit A and incorporated herein by reference, <br />the Treated Water Charge shall be equivalent to 1.2 <br />times the unit charge for treated water charged by <br />Fieldcrest Cannon, Inc., its successors or assigns, to <br />KANNAPOLIS, from time to time; <br /> <br /> (b) The Treated Water Charge may increase or <br />decrease due to increases or decreases in maintenance <br />and operation costs for production only; <br /> <br /> (c) KANNAPOLIS shall notify CABARRUS of the Treated <br />Water Charge at least monthly; <br /> <br /> (d) KANNAPOLIS shall bill CABARRUS in accordanc6 <br />with its established billing cycle based upon readings <br />from metering stations heretofore or hereafter <br />installed. CABARRUS shall pay said bills within thirty <br />(30) days of receipt. Upon fai'lure of payment, <br />KANNAPOLIS may discontinue supplying treated water upon <br />ten (10) days' written notice to CABARRUS; and <br /> <br /> (e) KANNAPOLIS shall maintain complete and accurate <br />records of flow from all metering points, if any. At <br />all times, CABARRUS shall have access to such flow <br />measurement facilities for the purpose of review of the <br />accuracy of readings therefrom. <br /> <br /> 10. Operation and Maintenance. CABARROS and KANNAPOLIS shall be <br />responsible for all operation and maintenance of facilities within their <br />individual service areas. <br /> 11. Water/Sewer Rates. CABARRUS and KANNAPOLIS shall bill customers within <br />their individual service areas based on their prevailing retail water and sewer <br />rate schedule for the remainder of their respective systems. <br /> 12. Interruptions of Service. Whenever practicable, both CABARRUS and <br />KANNAPOLIS shall provide at least twenty-four (24) hour notice prior to any <br />interruption of service necessary for the other's customers due to a planned <br /> <br /> <br />