BC 1988 08 15 - Laserfiche WebLink

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462 During review of the Reciprocal Agreement, Commissioner Payne ex- pressed concern regarding the provision relating to "transportation charges." Commissioner Melvin reported that the Mayor of Harrisburg had been contacted regarding a similar Agreement between the Town and the County. UPON MOTION of Commissioner Hamby, seconded by Commissioner Melvin and unanimously carried, the Board readopted the Water Supply Agreement (originally dated January 10, 1984) with the City of Concord (originally with the Board of Light & Water Commissioners of the City of Concord), raising the amount of water available to one and one-half (1 1/2) million gallons per day and thus extending the original Agreement for at least another five (5) years. NORTH CAROLINA CABARRUS COUNTY THIS AGREEMENT, made and entered into this 15th day of August, 1988, by and between CABARRUS COUNTY, party of the first part (hereinafter referred to as "COUNTY"), and CITY OF CONCORD, party of the second part (hereinafter referred to as "CITY"): WITNESS ETH : - That whereas, County is in the process of building water supply lines outside of the corporate limits of the City of Concord, and whereas it desires to purchase water from the City on a wholesale basis and the City is willing to sell water to the County upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the agreements herein made, the parties do hereby agree as follows: 1. The City will sell to the County water at a rate which is the same as the best rate available for customers of the City inside the City Limits (provided it is understood and agreed that if the "best rate" is a graduated rate based on the amount of usage in any billing period the County will be subject to the same graduated rate schedule. The "best rate" is now known as the "universal rate"), which rate the City may increase or decrease during the term of this agreement as may be necessi- tated by debt service, capital outlays, maintenance and operation costs. 2. Water will be delivered by the City to the County at selected points, mutually agreed upon by both parties hereto, and will be metered through a master meter connection at each of those points. The County will pay for and install said meters of a type approved by the City. 3. The City will supply water to the County to meet its needs in an amount up to 1.5 million gallons per day, which obligation amount may not be accumulated, subject however to the obligation of the City to provide water to its other customers, both within and without the corporate limits of the City of Concord, and with the understanding and agreement that the City shall not liable in damages for the failure to furnish a sufficient supply of water or the amount contracted for, or the quality of same, arising from an act of God or conditions beyond control of the City, and the County will indemnify and save harmless the City from any claim of the customers of the County arising from any such failure. 4. The City agrees that it will consider reasonably any request to it from the County for an additional amount of water, if the same becomes necessary for the County. 5. The County will be responsible for the cost of installation, operation and maintenance of all facilities in its water system without obligation therefor on the part of the City and will be responsible for the billing and collection of charges at a rate established by the County. 6. The City will bill the County on its regular billing cycle based on the master meter readings, and the County will pay said bills within twenty (20) days of receipt. Upon the failure of such payment, the City may discontinue supplying water upon five (5) days written notice to the County.