BC 1988 08 15 - Laserfiche WebLink

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460 transmission and distribution lines, a sewage treatment plant, and sewage outfall interceptor and collector lines; and WHEREAS, CABARRUS operates a public water and sewer system which includes, but is not limited to, water transmission and distribution lines and sewage outfall, interceptor and collector lines; and WHEREAS, both CONCORD and CABA}LRUS realize and recognize that reciprocal measures relative to water and sewer connections, development, construction and maintenance are mutually beneficial to each, and both CONCORD and CABA}LRUS desire to cooperate reciprocally with regard to such water and sewer connections, development, construction and maintenance; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter made, CONCORD and CABA}LRUS agree as follows: 1. Purpose. The purpose of this Agreement is to establish a basis for reciprocal cooperation between CONCORD and CABARRUS with regard to connections to, development of, and construction and maintenance of the water and sewer systems of the other. 2. Duration of Agreement. The duration of this Agreement is perpetual. 3. Authority to Connect. CABARRUS grants to CONCORD and CONCORD grants to CABARRUS the absolute right and privilege to connect to its respective water or sewer system upon such terms and under such conditions as hereinafter set forth. 4. Construction Plans and Specifications. Prior to requesting a connection to the other party's water or sewer system, the party seeking connection for a proposed water or sewer line (a "Proposed Line") to an existing water or sewer line (an "Existing Line") in the other party's system shall submit plans and specifications for the Proposed Line to the owner of the Existing line. 5. Upsizing or Upgrading Lines. In the event that a Proposed Line is smaller than that desired by the owner of the Existing Line, then the owner of the Existing Line may pay the cost difference for upsizing or upgrading the Proposed Line, and the Proposed Line shall be upsized or upgraded upon receipt of said sum by the original party proposing the construction of the Proposed Line (the "Original Proposer"); provided that the Original Proposer shall be recognized as the owner of the Proposed Line. In order to determine the cost difference between the Proposed Line as originally planned by the Original Proposer and as upsized or upgraded at the request of the owner of the Existing Line, the Original Proposer shall bid the Proposed Line at its original size with the upgrade or upsize as an alternate. 6. Measurement of Flows or Discharges. To quantifY water or sewer flows or discharges at points of connection to the other party's system, the party seeking connection to the water or sewer system of the other shall install, at its sole expense, a metering station at a location mutually approved by the parties at or near the point of connection of the Proposed Line to the Existing Line. The metering station itself shall consist of metering equipment mutually approved by the parties. 7. Connection Fees. Except for any pre-existing contracts or commitments of either CONCORD or CABA1LRUS which require reimbursement of a portion of such fees collected, neither CONCORD nor CABA~US shall charge the other a fee for connection to a water or sewer line of the other. (Insofar as the parties are aware, the only such contracts or commitments existing at the time of execution of this Agreement are those attached hereto as "Exhibit A" and incorporated herein by reference.) 8. User or Other Charges. Neither CONCORD nor CABARRUS shall charge the other a "transit," "transportation," "distribution," "maintenance," "user," or other such fee or charge whether denominated as such or otherwise, for the use of other party's system for transportation, distribution, discharge or other transmission of water or sewer.