AG 2007 04 16 - Laserfiche WebLink

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