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431 <br /> <br /> Commissioner Payne nominated Mrs. Lena Bowen for appointment to the Council <br />on Aging Advisory Board. Commissioner Simmons amended his motion to withdraw <br />the nomination of Mrs. Martha Miller at this time. Commissioner Barnhart <br />accepted the amendment to the motion by Commissioner Simmons, and the Board by <br />consensus agreed to defer the appointment to fill the unexpired term on the <br />Advisory Board until the next meeting. <br /> UPON MOTION of Commissioner Simmons, seconded by Commissioner Barnhart and <br />unanimously carried, the Board nominated and appointed by acclamation the <br />following members to the Council on Aging Advisory Board for three-year terms <br />ending December 31, 1994: Reappointed Mrs. Donna Udovich, Reverend Coy Privette, <br />and Mr. Bill Nichols and appointed Mr. Frank Herrin and Mr. Wallace Hinnant. <br /> UPON MOTION of Commissioner Simmons, seconded by Commissioner Barnhart and <br />unanimously carried, the Board authorized the Chairman to execute the Reciprocal <br />Agreement for Water and Sewer Connections and Related Matters between Cabarrus <br />County and the City of Kannapolis with the change from 1.5 times to 1.2 times <br />relative to the treated water charge and subject to approval of the Interlocal <br />Agreement for Solid Waste by the City of Kannapolis. <br /> <br /> CONTRACT # <br />DATE APPROVED BY B/O/C <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br />RECIPROCAL AGREEMENT FOR <br />WATER AND SEWER CONNECTIONS AND <br /> RELATED MATTERS <br /> <br /> THIS AGREEMENT of Interlocal Cooperation, pursuant to Article 20 of Chapter <br />160A of the General Statutes of North Carolina, made and entered into this __ <br />day of , 1992, by and between the CITY OF KANNAPOLIS, North Carolina <br />(hereinafter referred to as "KANNAPOLIS"), and CABARRUS COUNTY (hereinafter <br />referred to as "CABARRUS"); <br /> W I T N E S S E T H: that -- <br /> WHEREAS, KANNAPOLIS operates and maintains a municipal water and sewer <br />system which includes, but is not limited to, a water filter plant, water <br />transmission and distribution lines and Sewage outfall interceptor and collector <br />lines; and <br /> WHEREAS, CABARRUS operates a public water and sewer system which includes, <br />but is not limited to, water transmission and distribution lines and sewage <br />outfall, interceptor and collector lines; and <br /> WHEREAS, both KANNAPOLIS and CABARRUS realize and recognize that reciprocal <br />measures relative to water and sewer connections, development, construction and <br />maintenance are mutually beneficial to each, and both KANNAPOLIS and CABARRUS <br />desire to cooperate reciprocally with regard to such water and sewer connections, <br />development, construction and maintenance; <br /> NOW, THEREFORE, in consideration of the premises and the mutual covenants <br />and agreements hereinafter made, KANNAPOLIS and CABARRUS agree as follows: <br /> 1. Purpose. The purpose of this Agreement is to establish a basis for <br />reciprocal cooperation between KANNAPOLIS and CABARRUS with regard to connections <br />to, development of, and construction and maintenance of the water and sewer <br />systems of the other. <br /> 2. Duration of Agreement. The duration of this Agreement is forty (40) <br />years, which term shall be automatically renewed for successive periods of twenty <br />(20) years each, unless amended or terminated as to executory matters in the <br />manner set forth in Paragraph 14 of this Agreement. <br /> 3. Authority to Connect. CABARRUS grants to KANNAPOLIS and KANNAPOLIS <br />grants to CABARRUS the absolute right and privilege to connect to its respective <br />water or sewer system upon such terms and under such conditions as hereinafter <br />set forth. <br /> 4. Construction Plans and Specifications. Prior to requesting a <br />connection to the other party's water or sewer system, the party seeking <br />connection for a proposed water or sewer line (a "Proposed Line") to an existing <br />water or sewer line (an "Existing Line") in the other party's system shall submit <br />to the owner of the Existing Line plans and-specifications for the Proposed Line <br />prepared by a professional engineer licensed to practice engineering in the State <br />of North Carolina. <br /> 5. Upsizing or Upgrading Lines. In the event that a Proposed Line is <br />smaller than that desired by the owner bf the Existing Line, then the owner of <br />the Existing Line may pay the cost difference for upsizing or upgrading the <br />Proposed Line, and the Proposed Line shall be upsized or upgraded upon receipt <br />of said sum by the original party proposing the construction of the Proposed <br />Line (the "Original Proposer"); provided that the Original Proposer shall be <br /> <br /> <br />