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316 <br /> <br /> The Board of Commissioners for the County of Cabarrus met in <br />recessed session at the County Courthouse in Concord, North Carolina, <br />on Tuesday, October 8, 1985, at 1:45 P.M. <br /> Present - Chairman: James W. Lentz <br /> Commissioners: Kenneth F. Payne <br /> William G. Hamby, Jr. <br /> Archie Y. Barnhardt <br /> Marcelle M. Upright <br />Commissioner Hamby was not present for the beginning of the meeting. <br />UPON MOTION of Commissioner Barnhardt, seconded by Chairman Lentz <br />with Commissioners Barnhardt, Upright, and Payne and Chairman Lentz voting <br />for, the Board moved to go into Executive Session to receive legal counsel <br />from the County Attorney and to discuss land acquisition. <br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Barnhardt <br />with Commissioners Payne, Barnhardt, and Upright and Chairman Lentz voting <br />for, the Executive Session was terminated. <br /> Chairman Lentz reported the Board had authorized the County Attorney <br />to file a memorandum on the option with regard to the property in <br />Township 2 consisting of approximately 125 acres of property owned by <br />Carl O. Overcash for the purpose of a water reservoir. <br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Barnhardt <br />with Commissioners Payne, Barnhardt, and Upright and Chairman Lentz <br />voting for, the Board moved to adopt in principle the following agreements, <br />Items 1 and 2, and authorized the Chairman to present these proposals to the <br />Board of Light and Water Commissioners. <br /> <br />ITEM #1 <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this . · day of , <br />1985, by and between THE CITY OF CONCORD, NORTH CAROLINA (hereinafter <br />referred to as the "CITY"), BOARD OF LIGHT AND WATER COMMISSIONERS OF <br />THE CITY OF CONCORD, NORTH CAROLINA (hereinafter referred to as the <br />"BOARD"), and CABARRUS COUNTY, (hereinafter referred to as the "COUNTY"); <br /> <br />W I T N E S S E T H: that -- <br /> <br /> WHEREAS, CITY, BOARD and COUNTY agree that it is mutually beneficial <br />to construct a dam and lake in Cabarrus County, North Carolina, on Coddle <br />Creek in partnership with each other (hereinafter referred to as the <br />"Coddle Creek Reservoir"); and <br /> <br /> WHEREAS, cITy, BOARD and COUNTY desire to cooperate in said under- <br />taking as a joint exercise pursuant to the provisions of Article 20 of <br />Chapter 160A of the General Statutes of North Carolina; and <br /> <br /> WHEREAS, in order to implement said undertaking, CITY, BOARD and <br />COUNTY desire to establish a joint agency charged with responsibility <br />for the acquisition of land for and the construction and operation of <br />the Coddle Creek Reservoir; <br /> <br /> NOW, THEREFORE, in consideration of the premises and agreements <br />hereinafter made, CITY, BOARD and COUNTY agree as follows: <br /> <br /> 1. ~rpose. The purpose of this Agreement is to establish a <br />basis for cooperation among CITY, BOARD and COUNTY to acquire land for <br />and to construct and operate the Coddle Creek Reservoir. <br /> <br /> 2. Duration of Ag{eement. The duration of this Agreement is <br />perpetual. <br /> <br /> 3. ~. CITY, BOARD and COUNTY hereby establish a joint <br />agency hereinafter known as the Cabarrus Metropolitan Reservoir Authority, <br />charged with the responsibility of: (a) acquiring real property for the <br />Coddle Creek Reservoir; (b) constructing the necessary structures on and <br />in the Coddle Creek Reservoir in accordance with plans and specifications <br /> <br /> <br />