|
586
<br />
<br />Ratified this 15th day of June, 1992.
<br />
<br />CABARRUS COUNTY BOARD
<br />OF COMMISSIONERS
<br />By: /s/ Carolyn B. Carpenter
<br /> Chairperson
<br />
<br />ATTEST:
<br />/s/ Frankie F. Bonds
<br />
<br />Clerk to the Board
<br />
<br /> UPON MOTION of Commissioner Simmons, seconded by Commissioner Payne and
<br />unanimously carried, the Board authorized the Chairman to execute the following
<br />Interim Operation Agreement for the Rocky River Regional Wastewater Treatment
<br />Plan and Additional Facilities and Infrastructure.
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br /> INTERIM OPERATION AGREEMENT
<br /> for the
<br />Rocky River Regional Wastewater Treatment Plant and
<br />Additional Facilities and Infrastructure
<br />
<br /> THIS INTERIM OPERATION AGREEMENT (hereinafter referred to as the
<br />"Agreement"), made and entered into as of the last of the dates of governing
<br />board approvals set forth hereinafter, by and between the CITY OF CONCORD, a
<br />municipal corporation (hereinafter referred to as "Concord"); CABARRUS COUNTY,
<br />a body politic and political subdivision of the State of North Carolina
<br />(hereinafter referred to as "Cabarrus") and the WATER AND SEWER AUTHORITY OF
<br />CABARRUS COUNTY, a public corporation of the State of North Carolina (hereafter
<br />referred to as the "Authority");
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, under and pursuant to the provisions of N.C.G.S, 162A-3, Concord
<br />and Cabarrus, together with the City of Kannapolis ("Kannapolis"), and the Towns
<br />of Harrisburg ("Harrisburg") and Mt. Pleasant ("Mt. Pleasant") have established
<br />the Authority for the purpose of planning, constructing, owning, operating and
<br />maintaining water and sewer facilities; and
<br /> WHEREAS, the initial facilities to be transferred to the Authority
<br />include:
<br /> (a) the Rocky River Regional Wastewater Treatment Plant and appurtenant
<br />facilities and real property, more particularly described in Deed Book 433, Page
<br />612; Deed Book 254, Page 39; and Deed Book 571, Page 133, of the Cabarrus County
<br />Registry (the "RRRWWTP"), currently owned by Concord under the terms of an
<br />Agreement dated September 5, 1975 (the "Tri-Party Agreement"), by and between
<br />the Board of Light & Water Commissioners of the City of Concord (predecessor to
<br />the City of Concord), Cabarrus, and Cannon Mills Company (predecessor to
<br />Fieldcrest-Cannon, Inc., hereinafter "Fieldcrest"); and
<br /> (b) certain sewer interceptor and outfall lines owned by or leased to
<br />Concord or Cabarrus (the "Additional Facilities and Infrastructure"), as more
<br />particularly identified in that Settlement Agreement effective January 6, 1992,
<br />as amended, by and between the City of Concord and Cabarrus County incorporating
<br />that Feasibility Study dated September, 1990, performed by Pease & Associates
<br />for the Cabarrus Utilities Board, a general map and description of which is
<br />attached hereto as Exhibit A and incorporated herein by reference; and
<br /> WHEREAS, the Authority was incorporated as a public corporation under
<br />Chapter 162A of the General Statutes effective April 8, 1992; and
<br /> WHEREAS, the Authority desires to apply for a State Revolving Loan (SRL)
<br />to finance necessary improvements to the RRRWWTP or to the Additional Facilities
<br />and Infrastructure (cumulatively identified hereinafter as the "Operating
<br />Facilities"); and
<br /> WHEREAS, the Authority wishes to continue the high qUality service
<br />provided by Concord and/or Cabarrus to all customers utilizing the Operating
<br />Facilities; and
<br />WHEREAS, the Authority, in order to be approved for and to receive an SRL,
<br />must be legally responsible for the operation of the Operating Facilities; and
<br /> WHEREAS, subject to the terms of the Tri-Party Agreement, as modified by
<br />Concord and Cabarrus, but not Fieldcrest, in the Settlement Agreement, and
<br />pending approval of the transfer of the Operating Facilities by all applicable
<br />
<br />
<br />
|