AG 1997 11 17 - Laserfiche WebLink

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401 DRAFT politic and political subdivision of the State of North Carolina (hereinafter referred to as ("County"); and the WATER AND SEWER AUTHORITY OF CABARRUS COUNTY, a public corporation of the State of North Carolina (hereafter referred to as ("WSACC"); WITNESSETH: that-- WHEREAS, t~e County currently o~s, and WSACC currently operates and maintains the Coddle Creek Reservoir ("Reservoir"): and WHEREAS, the County believes it will be In the best interest of the citizens of Cabarrus County for WSACC to operate, maintain and own the Reservoir; and WHEREAS, the County and WSACC have entered into an Interim Operation and Maintenance Agreement on June 20, 1996; and WHEREAS, WSACC's Board of Directors are comprised of representatives from Cabarrus County, the Cities of Concord and Kannapolis and the Towns of Harrisburg and Mt. Pleasant, and are, therefore, responsive to minimizing the operation and maintenance costs of the Reservoir and believes it to be appropriate for WSACC to continue the operation, maintenance and eventual o%znership of the Reservoir; and ~EREAS, both the County and WSACC wish to enter into an agreement for the operation, maintenance and transfer of ownership of the Reservoir from the County to WSACC; NOW, THEREFORE, in consideration of the covenants contained herein, the County and WSACC hereby agree as follows: AGREEMENT 1. Transfer of ownership of the Reservoir from the County to WSACC will be within 90 days subsequent to the transfer of water and sewer facilities by the municipalities within Cabarrus County, when the collective book value of said water and sewer facilities are equal to the book value of the Reservoir. *("Book value" is defined as the original cost plus the cost of additions and upgrades. this is consistent with the County's method of establishing the value of the Reservoir.) The County and WSACC shall agree upon which property, if any, will be excluded from the transfer of ownership. Such exclusion shall not include any required buffer zones or mitigation sites. The County and WSACC agree that WSACC shall not dispose of any of the property transferred by the County without approval of the Cabarrus Board of County Commissioners. 2. WSACC agrees to operate and maintain the Reservoir at the same high level of performance that has been demonstrated at other facilities, and in accordance with applicable State and Federal regulations. These responsibilities include, but are not limited to, the following: (a) Determining the amount of raw water withdrawn by the Cities of Concord and Kannapolts and any future customers and billing each monthly; (b)Controlling access to the Reservoir; (c)Monitoring water quality as required by the regulatory agencies; (d)Maintaining the structures and equipment; (e) Conducting monitoring of the dam and test wells, as required by regulatory agencies; (f) Monitoring and correcting soil erosion of the dam and other critical areas around the Reservoir. (g) Mowing and maintaining ground cover to enhance the stability and appearance of the Reservoir: and (h) Performing any other tasks required by law and/or regulation to maintain a safe, high quality supply of water. 3. WSACC shall be held harmless by the County from any disputes or litigation arising from the construction of the Reservoir, including, but not limited to: the dam; roads; mitigation sites; property acquisition; clearing of shrub area and tree growths prior to filling of the Reservoir; the relocation and removal of the Plantation Pipeline; and resolution of the removal of the private pier. 4. The County shall be responsible for all construction deficiencies, including, but not limited to: leaks; cracks; structural failures; and equipment failures (other than normal wear etc.) until ownership is transferred or until July 1, 1997, whichever occurs first. 5. WSACC shall operate and maintain the septic tank mitigation systems serving the three (3) homes located adjacent to N.C. 136. The County shall be responsible for all cost of repairs to said system until the final transfer of ow~ership of the Reservoir to WSACC, or until the septic tank system is no longer needed, whichever occurs first.