BC 1995 05 08 - Laserfiche WebLink

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'408 NORTH CAROLINA CABARRUS COUNTY RECIPROCAL AGREEMENT FOR WATER AND SEWER CONNECTIONS AND RELATED MATTERS BETWEEN THE TOWN OF HARRISBURG AND CABARRUS COUNTY THIS AGREEMENT of Interlocal Cooperation, pursuant to Article 20 of Chapter 160A of the General Statutes of North Carolina, made and entered into this 8th day of May, 1995, by and between the TOWN OF HARRISBURG, North Carolina (hereinafter referred to as "HARRISBURG"), and CABARRUS COUNTY (hereinafter referred to as "CABARRUS" ); W I T N E S S E T H: that - WHEREAS, HARRISBURG operates and maintains a municipal water and sewer system which includes, but is not limited to, a water filter plant, water transmission and distribution lines 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 HARRISBURG and CABARRUS realize and recognize that reciprocal measures relative to water and sewer connections, development, construction and maintenance are mutually beneficial to each, and both HARRISBURG and CABARRUS 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, HARRISBURG and CABARRUS agree as follows: 1. Purpose. The purpose of this Agreement is to establish a basis for reciprocal cooperation between HARRISBURG and GABARRUS 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 forty (40) years, which term shall be automatically renewed for successive periods of twenty (20) years each, unless amended or terminated as to executory matters in the manner set forth in Paragraph 11 of this Agreement. 3. Authority to Connect. CABARRUS grants to HARRISBURG and HARRISBURG 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 to the owner of the Existing Line plans and specifications for the Proposed Line prepared by a professional engineer licensed to practice engineering in the State of North Carolina. 5. Uvsiztng 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 upstzed 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. (a) For water: As set forth in the "Treated Water Agreement" between the parties, the amount or volume of water usage shall be computed as the total sum of the actual meter readings of all gallons