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AG 1998 06 15
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AG 1998 06 15
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Last modified
3/25/2002 6:06:43 PM
Creation date
11/27/2017 11:51:52 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/15/1998
Board
Board of Commissioners
Meeting Type
Regular
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River and Cabarrus determines in good faith that it would not be cost-effective to deliver the <br />related sewage to the Sewer Facilities of WSACC; or <br /> <br /> (d) Cabarrus acquires or operates any existing sewage treatment facilities in <br />circumstances where Cabarrus detemfines in good faith that it would not be cost-effective to <br />provide sewers and other facilities to deliver the related sewage to the Sewer Facilities of <br />WSACC or to Cabarrus's sewer system for treatment by WSACC and to close such sewage <br />treatment facilities, in which case Cabarrus may own or operate such sewage treatment facilities <br />until such time as it becomes cost-effective for Cabarrus to connect the part of its sewage <br />collection system served by such sewage treatment facilities to the Sewer Facilities of WSACC <br />or to Cabarrus's sewer system for treatment by WSACC and to close such sewage treatment <br />facilities, provided that the National Pollutant Discharge Elimination System permit required in <br />connection with the ownership or operation of such sewage treatment facilities shall be in the <br />name of Cabarrus during the period of their ownership or operation by Cabarrus and that it will <br />notify WSACC in writing of its intent to obtain such permit at least sixty (60) days in advance of <br />submitting its application for such permit. <br /> <br /> Section 2.2. Operation and Maintenance of Sewer System. Cabarrus agrees to operate <br />and maintain its sewer system as required by the sewer use ordinance adopted by Cabarrus <br />pursuant to subsection I of Section A of the Pretreatment Agreement made and entered into on <br />July 6, 1992 by it and WSACC, as it may be amended from time to time, and all applicable State <br />and federal laws and regulations. <br /> <br /> Section 2.3. Payment for Services. Cabarrus shalI pay promptly, when due, all rates; <br />fees and charges of WSACC which are established pursuant to Article III hereof and billed to it <br />from time to time; provided, however, that such rates, fees and charges shall be payable solely <br />from revenues received by Cabarrus from the rates, fees and charges paid by the users of its <br />sewer system and available to it for such purpose, including availability fees, connection fees or <br />any other fees, and other system revenues or, if such sources are not sufficient therefor, any other <br />moneys except moneys derived from any exercise of its taxing power. <br /> <br /> Cabarrus shall establish, bill and collect from the users of its sewer system such rates, <br />fees and charges as are expected to be sufficient to enable it to make the payments to WSACC <br />required under this Section. WSACC will notify Cabarrus by April I of each year and upon its <br />request as to the estimated amounts necessary for such payments. <br /> <br /> In the event that Cabarrus fails to pay any amount payable to WSACC under this Section <br />within thirty (30) days after it is due, Cabarrus shall also pay to WSACC interest on such unpaid <br />amount, which interest shall accrue at [rate to be provided] until such unpaid amount and the <br />interest thereon have been paid in full. <br /> <br /> Cabarrus agrees that its obligations under this Section shall be absolute, unconditional <br />and irrevocable and shall be performed strictly in accordance with the terms hereof and without <br />abatement or reduction, whether by offset or otherwise. Payment of all rates, fees and charges <br />billed to it by WSACC shall be due notwithstanding any dispute as to the accuracy thereof or any <br />temporary interruption of service in accordance with this Agreement. <br /> <br /> <br />
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