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154
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<br />the Authority to act as the County's agent for enforcement of the Ordinance. The
<br />Ordinance is on file in the office of the County Manager.
<br />
<br />Agreement to Designate the Water and Sewer Authority of Cabarrus County as the
<br /> Management Planning Agency
<br />
<br /> UPON MOTION of Commissioner Barnhart, seconded by Commissioner Payne and
<br />unanimously carried, the Board approved the following "Agreement to Designate the
<br />Water and Sewer Authority of Cabarrus County as the Management Planning Agency"
<br />and authorized the Chairman to execute the Agreement on behalf of Gabarrus
<br />County.
<br />
<br />AGREEMENT TO DESIGNATE THE WATER AND SEWER AUTHORITY
<br />OF CABARRUS COUNTY AS THE MANAGEMENT PLANNING AGENCY
<br />
<br /> THIS AGREEMENT (hereinafter referred to as the "Agreement"), made and
<br />entered into as of the latter of the dates the governing boards approval set
<br />forth herein, by and between the City OF CONCORD, a municipal corporation
<br />(hereinafter referred to as "Concord"); the CITY OF KANNAPOLIS, a municipal
<br />corporation (hereinafter referred to as "Kannapolis"); the TOWN OF H~JtRISBURG,
<br />a municipal corporation (hereinafter referred to as "Harrisburg); the TOWN OF MT.
<br />PLEASANT, a municipal corporation (hereinafter referred to as "Mt. Pleasant); and
<br />CABARRUS COUNTY, a body politic and political subdivision of the State of North
<br />Carolina (hereinafter referred to as "Cabarrus"); the WATER AND SEWER DISTRICT
<br />OF CABARRUS COUNTY (the "District"); and the WATER AND SEWER AUTHORITY OF
<br />CABARRUS COUNTY, a public corporation of the State of North Carolina (hereinafter
<br />referred to as the "Authority");
<br /> WITNESSETH: that--
<br /> WHEREAS, under and pursuant to the provision of N.C.G.S. 162A-3, Concord,
<br />Kannapolis, Harrisburg, Mt. Pleasant and Cabarrus, have established the Authority
<br />for the purpose of planning, construction, owning, operating and maintaining
<br />water and sewer facilities; and
<br /> WHEREAS. the District is responsible for the Water and Sewer facilities for
<br />Cabarrus; and
<br /> WHEREAS, the facilities to be transferred to the Authority 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 the City of Concord under the terms
<br />of an Agreement dated September 5, 1975 (the "Tri-Party Agreement"), by and
<br />between the Board of Light & Water Commissioners of the City of Concord
<br />(predecessor to the City of Concord), Cabarrus, and Cannon Mills Company
<br />(predecessor to Fieldcrest-Cannon, Inc., hereinafter "Fieldcrest") and operated
<br />by the Authority under the terms of the Interim Operation Agreement dated June
<br />15, 1992.
<br /> (b) certain sewer interceptor and outfall lines owned by or leased to Concord
<br />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 and 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 and Concord desires to transfer the original PL92-500
<br />Grant for the Construction of the RRRWWTP; and
<br /> WHEREAS, the Authority wishes to continue the high quality of service
<br />provided by Concord at the RRRWWTP to all customers presently served; and
<br /> WHEREAS, the Authority, together with its constituent units of local
<br />government, desires to complete all necessary agreements and comply with Federal
<br />Environmental Protection Agency (EPA) and State requirements to complete the
<br />transfer of the RRRW-WTP and the additional facilities and infrastructures; and
<br /> WHEREAS, the Authority has adopted a Sewer Use Ordinance and user fees in
<br />accordance with State and Environmental Protection Agency guidelines and
<br />requirements; and
<br /> WHEREAS, the Environmental Protection Agency and the State require that the
<br />Authority be the management planning agency in order for the Grant to be
<br />transferred;
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