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113 <br /> <br />Finance Director <br /> <br />ATTEST: <br /> <br />Water and Sewer Authority of <br />Cabarrus County <br />a Public Cooperation(sic) of the <br />State of North Carolina <br />By: <br /> <br />John C. Murdock, III <br />Executive Director <br /> <br />Jamie Y. Small, Secretary <br />Approved as to Form <br /> <br />Authority Attorney <br /> <br />This instrument has been preaudited <br />in the manner required by the Local <br />Government Budget and Fiscal <br />Control Act. <br /> <br />Finance Director <br /> <br />C. Amendment No. 1 to the Management Planning Agreement <br /> <br /> UPON MOTION of Co~nissioner Fennel, seconded by Chairman Barnhart and <br />unanimously carried, the Board approved the following Amendment No. 1 to the <br />Management Planning Agreement and authorized the Chairman to sign the Amendment <br />on behalf of Cabarrus County. <br /> <br />NORTH CAROLINA <br />CABARRUS COUNTY <br /> <br /> AMENDMENT NO. 1 <br /> TO <br />MANAGEMENT PLANNING AGREEMENT <br /> <br /> WHEREAS, the CITY OF CONCORD, a municipal corporation <br />(hereinafter referred to as "Concord"); the CITY OF KANNAPOLIS, a <br />municipal corporation (hereinafter referred to as "Kannapolis"); the <br />TOWN OF HARRISBURG, a municipal corporation (hereinafter referred to <br />as "Harrisburg"); the TOWN OF MT. PLEASANT, a municipal corporation <br />(hereinafter referred to as "Mt. Pleasant"); CABARRUS COUNTY, a <br />political subdivision of the State of North Carolina (hereinafter <br />referred to as the "County"); and the WATER AND SEWER DISTRICT OF <br />CABARRUS COUNTY (hereinafter referred to as the "District"); and the <br />WATERAND SEWER AUTHORITY OF CABARRUS COUNTY (hereinafter referred <br />to as the "Authority") have entered into an agreement entitled <br />Agreement to Designate the Water and Sewer Authority of Cabarrus <br />County as Management Planning Agency (hereinafter referred to as the <br />"Agreement"); and <br /> WHEREAS, the Agreement was to meet the Environmental <br />Protection Agency's requirements to transfer the original PL92-500 <br />Grants (Grant No. 04 and 05) from Concord to the Authority; and <br /> WHEREAS, the Environmental Protection Agency requires certain <br />clarification regarding the Agreement; and <br /> WHEREAS, Section 15 of the Agreement provides that such may be <br />amended and modified, in whole or part, only by agreement in writing <br />executed in the same manner as said Agreement. <br /> NOW, THEREFORE, it is hereby agreed that: <br />(1) Section 1 of the Agreement is hereby amended to read as <br /> follows: <br /> It is agreed that the Authority be designated as the <br /> Management Planning Agency for the area which includes <br /> 100% of the designated 201 Planning Area as specified by <br /> the North Carolina Division of Environmental Management, <br /> and will act as lead agency for water and sewer planning <br /> purposes. <br /> (2) Section 5 of the Agreement is hereby amended to read as <br /> follows: <br /> The Authority agrees to continue to provide treatment of <br /> all wastewater now being treated at the RRRWWTP by the <br /> City of Concord and further agrees to provide treatment <br /> of all wastewater generated within 100% of the 201 <br /> <br /> <br />