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October 24, 2007 (Special Joint Meeting) Page 598 (a) Treatment i. Treated Water. The County and/or the District shall pay for such services in the same manner as any such municipalities as contract with the City for such utilities. ii. Sewer Treatment. The County and/or the District shall pay for such services at the same rate charged by the City to the Water and Sewer Authority of Cabarrus County for sewer treatment. (b) Capital. The County and/or the District shall pay the proportional share of the cost of transmission and/or treatment capacities, including costs to reserve capacities in other utility providers' systems charged to the City, as determined by an analysis of capital investments conducted by the City or a third-party consultant and consistent with the City's utility agreements with other local governments. (c) For any such connection to the City's system, the County and/or the District shall install a sufficient meter at the point of such connection for the City to be able to charge the County and/or the District for such usage. (d) The customers who connect to such system shall be customers of the County and/or the District. (e) Such system of the County and/or the District that is connected to the City's system shall be permitted in the name of the County and/or the District, and not in the name of the City. (f) Any such system of the County and/or the District that is connected to the system of the City pursuant to Paragraph 4, above, shall be subject to the same drought management plan as all other wholesale customers of the City. 6. The right of the County and the District to connect to the City's system pursuant to Paragraph 9, above, may not be assigned by the County or the District to any other entity without first obtaining the written consent of the City. 7. The Water and Sewer Impact Fees that the County has collected and continues to collect in the western portion of the County shall be spent for public utility purposes in the geographic area of the properties for which such fees were collected, and such expenditure shall be made within three years of the date on which such fees were collected. If the County fails to adopt and implement a policy for the expenditure of these impact fees, then the County shall discontinue the collection of such impact fees. 8. The City and County have previously entered into an agreement entitled "Settlement Agreement dated December 19, 1991, between the City of Concord and Cabarrus County," which agreement resolved that civil action between the City and County bearing Cabarrus County Court File Number 90 CvS 2291 (hereinafter the 1991 Settlement Agreement), and an agreement entitled "Asset Purchase Agreement Dated June 26, 1995, by and between the City and Cabarrus County and the Water & Sewer Authority of Cabarrus County" (hereinafter the 1995 Agreement), which agreements call for the City and County to transfer certain assets to WSACC, but which assets have not yet been transferred. The City and the County shall forthwith transfer such interceptors and assets to WSACC as called for in said agreements. 9. It is acknowledged that the County owns the Coddle Creek Reservoir which is also known as Lake Howell, as well as the properties surrounding Lake Howell. It is agreed that public utility providers with water intake structures on Lake Howell may withdraw water in capacities consistent with approved withdrawal permits for water treatment plants and pump stations issued by the State of North Carolina Department of Environmental and Natural Resources. Payment for the operation and maintenance of the reservoir by such permitted utility providers will be consistent with permitted amounts as a proportion of the whole. 10. The County has heretofore assigned to the City, and the City has accepted, the obligation to perform certain functions and duties as are set out in contracts that are entitled "Reciprocal Agreement for Water & Sewer Connections and Related Matters dated May B, 1995 between the Town of Harrisburg, NC and the County", "Agreement to Supply Treated Water dated May 8, 2005 between Harrisburg and the County", "Reciprocal Agreement for Water