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BC 1992 01 06
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BC 1992 01 06
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4/30/2002 3:32:13 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
1/6/1992
Board
Board of Commissioners
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434 <br /> <br />interconnection installatiOn, maintenance outage or other foreseeable <br />interruption of service. Information as to the duration and extent of <br />interruption will be provided with the notice. When interruptions of service <br />are due to emergency situations which cannot be foreseen, the affected party <br />will be notified as soon as possible as to the estimated duration and extent of <br />the interruption. <br /> 13. Further Agreements. Since the parties acknowledge that uniformity and <br />consistency of materials, line sizes, etc., promotes a comprehensive, <br />cooperative planning process for future growth and system expansion, KANNAPOLIS <br />and CABARRUS further agree to pursue diligently the adoption of additional <br />reciprocal agreements between the parties and/or multilateral agreements between <br />or among the parties and the owners or operators of other public water and/or <br />sewer systems in Cabarrus County for future water and sewer development. Such <br />agreements should include all aspects of such water and sewer systems, <br />including, but not limited to, plans, specifications, materials, line sizes, <br />fees, charges and the like. <br /> 14. Method of Amendment/Termination of Agreement. This Agreement may be <br />amended or terminated only by a vote of the majority of the members of each of <br />the respective governing boards of KANNAPOLIS and CABARRUS. Except as expressly <br />modified herein, the "Agreement to Supply Treated Water" and the "Agreement <br />Relative to the Construction, Operation and Maintenance of a Water Supply <br />Reservoir and Related Matters" dated November 20, 1989, be and they are hereby <br />ratified and reaffirmed. <br /> 15. Warranties. KANNAPOLIS and CABARRUS hereby warrant and represent that: <br /> (a) Execution of this Agreement and full performance of its <br /> own obligations hereunder are fully authorized by law; <br /> (b) Each has complied or will comply with all procedures <br /> necessary to render its execution of this Agreement and the <br /> performance of its obligations hereunder as valid, legal and binding <br /> acts of KANNAPOLIS or CABARRUS, respectively; and <br /> (c) Ail contracts for work to be done pursuant to this <br /> Agreement will be performed in accordance with the laws and <br /> regulations to which CABARRUS and KANNAPOLIS are subject, expressly <br /> including, but not limited to, the public bidding laws of the State <br /> of North Carolina. <br /> <br />16. Miscellaneous. KANNAPOLIS and CABARRUS further say that: <br /> (a) No failure or delay in exercising any right hereunder on <br /> the part of either party shall operate as a waiver thereof, nor <br /> shall any single or partial exercise by either party of any right <br /> hereunder preclude any other further exercise thereof or the <br /> exercise of any other right; <br /> (b) All representations and warranties made herein shall <br /> survive the making of any payment or payments pursuant hereto; <br /> <br /> (c) Except as modified by separate written agreement of <br />KANNAPOLIS and CABARRUS and/or termination as provided herein, this <br />Agreement shall be binding upon and enure to the benefit of <br />KANNAPOLIS and CABARRUS, and their respective successors and <br />assigns. <br /> <br /> IN WITNESS WHEREOF, KANNAPOLIS and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />ATTEST: <br /> <br />Clerk <br /> <br />· CITY OF KANNAPOLIS, NORTH CAROLINA <br /> By: <br /> <br />Mayor <br /> <br />(SEAL) <br /> <br />Approved as to Form <br /> <br />City Attorney <br /> <br />This instrument has been pre- <br />audited in the manner required by <br />the Local Government Budget and <br />Fiscal Control Act. <br /> <br />Finance Director <br />CABARRUS COUNTY <br /> <br /> <br />
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