AG 1998 08 17 - Laserfiche WebLink

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River and Cabarrus determines in good faith that it would not be cost-effective to deliver the related sewage to the Sewer Facilities of WSACC; or (d) Cabarrus acquires or operates any existing sewage treatment facilities in circumstances where Cabarrus determines in good faith that it would not be cost-effective to provide sewers and other facilities to deliver the related sewage to the Sewer Facilities of treatment facilities, in which case Cabarms may own or operate such sewage treatment facilities until such time as it becomes cost-effective for Cabarrus to connect the part of its sewage collection system served by such sewage treatment facilities to the Sewer Facilities of WSACC or to Cabarrus's sewer system for treatment by WSACC and to close such sewage treatment facilities, provided that the National Pollutant Discharge Elimination System permit required in connection with the ownership or operation of such sewage treatment facilities shall be in the name of Cabarrus during the period of their ownership or operation by Cabarrus and that it will notify WSACC in writing of its intent to obtain such permit at least sixty (60) days in advance of submitting its application for such permit. Section 2.2. Operation and Maintenance of Sewer System. Cabarrus agrees to operate and maintain its sewer system as required by the sewer use ordinance adopted by Cabarrus pursuant to subsection I of Section A of the Pretreatment Agreement made and entered into on July 6, 1992 by it and WSACC, as it may be amended from time to time, and all applicable State and federal laws and regulations. Section 2.3. Payment for Services. Cabarrus shall pay promptly, when due, ali rates, fees and charges of WSACC which are established pursuant to Article III hereof and billed to it from time to time; provided, however, that such rates, fees and charges shall be payable solely from revenues received by Cabarrus from the rates, fees and charges paid by the users of its sewer system and available to it for such purpose, including availability fees, connection fees or any other fees, and other system revenues or, if such sources are not sufficient therefor, any other moneys except moneys derived from any exercise of its taxing power. Cabarrus shall establish, bill and collect from the users of its sewer system such rates, fees and charges as are expected to be sufficient to enable it to make the payments to WSACC required under this Section. WSACC will notify Cabarrus by April 1 of each year and upon its request as to the estimated amounts necessary for such payments. In the event that Cabarrus fails to pay any amount payable to WSACC under this Section within thirty (30) days after it is due, Cabarrus shall also pay to WSACC interest on such unpaid amount, which interest shall accrue at [rate to be provided] until such unpaid amount and the interest thereon have been paid in full. Cabarrus agrees that its obligations under this Section shall be absolute, unconditional and irrevocable and shall be performed strictly in accordance with the tel-ms hereof and without abatement or reduction, whether by offset or otherwise. Payment of all rotes, fees and charges billed to it by WSACC shall be due notwithstanding any dispute as to the accuracy thereof or any temporary interruption of service in accordance with this Agreement.