AG 1998 08 17 - Laserfiche WebLink

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"Existing Sewage Disposal Facilities") and provide other improvements and to issue revenue bonds to finance a portion of the cost thereof; and WHEREAS, Cabarrus does not at this time operate any sewer system but the parties hereto desire to enter into this Agreement to establish certain terms and conditions which will become applicable to them at such time as Cabarrus might again operate a sewer system with respect to the operation and maintenance of the Existing Sewage Disposal Facilities, the expansion or improvement thereof and the provision of other improvements, the financing thereof and certain other matters; NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I Certain Responsibilities of WSACC Section 1.1. Operation and Maintenance of Sewer Facilities. WSACC shall operate and maintain the Existing Sewage Disposal Facilities and any expansions or improvements thereof or other improvements for the collection, treatment or disposal of sewage which it owns or leases (collectively the "Sewer Facilities") so as to provide reliable treatment of sewage delivered to it by Cabarrus pursuant to this Agreement and by any other Political Subdivision or other person, as defined in Section 162A-2(6) of the Act, with whom WSACC enters into an agreement for the treatment of sewage by WSACC. WSACC shall accept sewage for treatment from Cabarrus and each other Political Subdivision and person with whom it has agreed to do so at such points of delivery on the Sewer Facilities as shall be agreed to by WSACC and such Political Subdivision or other person. WSACC shall operate and maintain the Sewer Facilities as a part of its water and sewer system in an efficient and economical manner, making necessary or appropriate repairs, replacements, expansions and improvements, consistent with principles of sound financial and operational management, and otherwise as hereinafter provided. Such principles are currently described in Principles of Sound Financial and Operational Management, adopted by WSACC on February 20 , 199,Tand are subject to amendment by WSACC. In connection with repairing, replacing, expanding and improving the Sewer Facilities, WSACC shall maintain a long-term capital improvement program, which it shall periodically update and may otherwise amend. Such capital improvement program is currently described in Capital Improvement Program FY 1997-1998 -- FY 2002-2003, adopted by WSACC on April 17 , 1997. WSACC shall operate and maintain the Sewer Facilities in accordance with the provisions of the Sewer Use Ordinance for the Rocky River Regional Wastewater Treatment Plant adopted by WSACC on August 18, 1994, as it may be amended from time to time by 2