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522 <br /> <br /> 5. It is expressly understood and agreed that,: the <br />boundaries are approximate for the buff colored area in Cabarrus <br />County and the dark yellow colored area in Mecklenburg County on the <br />Service Area Map; and that the Directors of WSACC and CMUD are <br />authorized to approve by written agreement minor variationsltn such <br />boundaries. <br /> 6. Attached hereto as Exhibit A is an undated, 8.5" x 11" <br />map entitled "WSACC-CMUD Approximate Boundaries Service Areas (To Be <br />Used For General Illustration Purposes Only). Exhibit A shall be <br />considered as a part of this Joint Resolution to illustrate <br />generally the boundaries of the WSACC and CMUD Service Areas. <br />However only the Service Area Map shall be used to determine the <br /> location of the actual boundaries of the WSACC and CMUD Service <br />Areas. <br /> 7. This Joint Resolution shall have no force or effect <br /> until and unless each of the following conditions have been <br /> satisfied: <br /> (a) this Joint Resolution has been approved by both the Board <br /> of Commissioners of Cabarrus County and the Board of <br /> Commissioners of Mecklenburg County; and <br /> (b) an agreement is executed by WSACC and the City as set <br /> forth above. <br /> 8. If an agreement between WSACC and CMUD, as set forth <br /> above, is executed by WSACC and the City and is subsequently <br /> terminated for any reason, this Joint Resolution shall automatically <br /> cease to have any force or effect as to any easements or <br /> encroachments as described herein which have not been acquired prior <br /> to such termination; provided that, WSACC and the City may continue <br /> to own and enjoy such property rights as have been previously <br /> acquired by them. <br /> 9. This Joint Resolution may not be construed to consent to <br /> or approve the acquisition of any interest in property by WSACC or <br /> the City for the construction, operation, maintenance, repair or <br /> reconstruction of any facility for the treatment of raw water or <br /> sewage. <br /> 10. This Joint Resolution is intended and shall be construed <br /> to be a sufficient expression by the Board of Commissioners of <br /> Cabarrus County of the consent to and approval of the acquisition of <br /> property by the City as may be required by applicable law, including <br /> but not limited to Chapter 194 of the 1985 Session Laws of North <br /> Carolina. <br /> 11. This Joint Resolution is intended and shall be construed <br /> to be a sufficient expression by the Board of Commissioners of <br /> Mecklenburg County of the consent to and approval of the acquisition <br /> of property by the Authority as may be required by applicable law, <br /> including but not limited to G.S. 153A-15. <br /> 12. Nothing in this Joint Resolution shall be construed to <br /> affect in any manner the authority of the City to acquire property <br /> in Mecklenburg County nor of WSACC to acquire property in Cabarrus <br /> County. <br /> This Joint Resolution was duly approved by the Board of <br /> Commissioners of Cabarrus County on August 21, 1995. <br /> This Joint Resolution was duly approved by the Board of <br /> Commissioners of Mecklenburg County on July 18, 1995. <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br />County Clerk <br />(SEAL) <br />Approved as to Form: <br />/s/ Fletcher L. Hartsell, Jr. <br />County Attorney <br /> <br />/s/ Jeffrey L Barnhart <br />Chairman, Board of Commissioners <br />of Cabarrus County <br /> <br />ATTEST: <br />/s/ Janice S. Paige <br />County Clerk <br />(SEAL) <br />Approved as to form: <br /> /s/ M.A. Bethune <br />County Attorney <br /> <br />/s/ Ann Schrader <br /> <br />Chairman, Board of Commissioners <br />of Mecklenburg County <br /> <br /> <br />