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AG 2007 04 16
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AG 2007 04 16
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2/1/2009 12:18:52 PM
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Meeting Minutes
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Agenda
Board
Board of Commissioners
Meeting Type
Regular
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subdivision of the State of North Carolina; and } <br />CABARRUS WATER AND SEWER DISTRICT, a ) <br />municipal corporation, ) <br />Defendants. <br />CONSENT JUDGMENT <br />THIS MATTER is before the undersigned Superior Court Judge who has been appointed <br />pursuant to Rule 2.1 of the General Rules of Practice to hear the cases captioned above, and it <br />appears to the Court that the claims of the Plaintiffs against the Defendants have been voluntarily <br />dismissed with prejudice, and that the only claims that remain before the Court in these cases are <br />those claims between the Defendants City of Concord (the City), Cabarrus County (the County} <br />and the Water and Sewer District of Cabarrus County (the District), and it further appearing to <br />the Court that the City, the County and the District have resolved their differences and have <br />entered into an agreement that resolves the disputes between them that were subjects of this <br />action and that as a portion of that agreement the parties agree and jointly seek that the Court <br />enter this Consent Judgment, and that based on the settlement agreement of the parties and the <br />evidence that has been presented to the Court as a part of the motions for summary judgment, the <br />Court enters this Consent Judgment. <br />The Court concludes as a matter of law. that the Settlement Agreement that is attached <br />hereto and incorporated into this Judgment is a valid contract that the parties are authorized to <br />execute under G.S. 160A-312{a); that the provisions of the contract are within reasonable <br />limitations under G.S. 160A-312(a); that the provisions of the contract constitute adequate and <br />reasonable rules under G.S. 160A-312(b) and are rationally related to legitimate governmental <br />objectives, both utility-related and nonutility-related; that the provisions of the contract do not <br />unlawfully infringe upon the territorial zoning or police powers of any party to the contract; and <br />that the contract creates no contractual, statutory or common law duties for any of the parties to <br />provide water or sewer services to nonresidents of the City, except for those duties expressly set <br />forth in the contract. <br />IT IS THEREFORE ORDERED ADJUDGED AND DECREED as follows: <br />1. The Settlement Agreement entered into by the parties is a lawful and enforceable <br />contract. <br />2. Each party shall faithfully execute its obligations as set forth in the contract. <br />3. All remaining claims of the remaining parties to this action are dismissed with <br />prejudice. <br />4. Each party shall beax its own costs and fees in this matter. <br />5. The Court retains jurisdiction over this matter for the entry of such further orders as <br />may be necessary to effectuate the Settlement Agreement between the parties and to effectuate <br />this Consent Judgment. <br /> <br />
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