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BC 1991 12 16
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BC 1991 12 16
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4/30/2002 3:32:08 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/16/1991
Board
Board of Commissioners
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404 <br /> <br /> (c) Assignment. Within ninety (90) days of the establishment <br />of the Authority outlined in Paragraph 4, Concord shall assign all <br />of its right, title and interest in and to the replacement grant <br />(including the $1.5 million in grant money and any interest accrued <br />thereon not yet paid over to Cabarrus County) to the Authority, and <br />the Authority shall assume full responsibility for performing the <br />replacement grant in the place and stead of Concord; provided that <br />if, in the interim, Concord shall have advertised for bids for the <br />construction of the Kings Grant sewer interceptor identified in the <br />Water & Sewer Contract, and within sixty (60) days of the opening <br />of the bids shall have awarded a bid therefor, no such assignment <br />shall occur, but upon completion of such interceptor, Concord shall <br />transfer all its right, title and interest therein, including all <br />rights-of-way or easements therefor, to the Authority. <br /> <br /> 8. Reciprocal Agreement Modifications. Cabarrus County and Concord agree <br />to amend the Reciprocal Agreement by adding a new paragraph 13, which shall read <br />as follows: <br /> 13. Water/Sewer Extension Moratorium. <br /> <br /> (a) Cabarrus County agrees that upon written notice from the <br />Concord Board of Aldermen that Concord is considering a specific <br />water/sewer extension, Cabarrus County shall not, for a period of <br />one hundred eighty (180) days from the date of the notice, exercise <br />its absolute right and privilege to connect to the City of Concord <br />water and sewer system in any manner which would interfere with or <br />adversely affect the extension identified by Concord in the notice. <br />Any proposed connection by Cabarrus that would be within 1500 feet <br />in any direction from the extension identified by Concord is hereby <br />deemed to interfere with and adversely affect that extension. The <br />original 180 day moratorium cannot be extended by the Concord Board <br />of Aldermen for any facility within the 1500 foot radius except as <br />follows: The Cabarrus County Board of Commissioners shall grant an <br />extension of the moratorium for a period of 180 days from the <br />expiration of the original moratorium provided that Concord <br />provides evidence that significant progress has been made toward the <br />proposed extension in the original notice. Significant progress is <br />deemed to mean acquisition of right-of-way, detailed plans and <br />specifications for construction of said facilities, permits to <br />construct said facilities from appropriate state and federal <br />agencies or actual beginning of construction of said facilities. <br /> (b) Concord agrees that upon written notice from Cabarrus <br />County that Cabarrus County is considering a specific water/sewer <br />extension, Concord shall not, for a period of one hundred eighty <br />(180) days from the date of the notice, exercise its absolute right <br />and privilege to connect to Cabarrus County water and sewer system <br />in any manner which would interfere with or adversely affect the <br />extension identified by Cabarrus County in the notice. Any proposed <br />connection by Concord that would be within 1500 feet in any <br />direction from the extension identified by Cabarrus County is hereby <br />deemed to interfere with and adversely affect that extension. The <br />original 180 day moratorium cannot be extended by the Cabarrus <br />County Board of Commissioners for any facility within the 1500 foot <br />radius except as follows: The Concord Board of Aldermen shall grant <br />an extension of the moratorium for a period of 180 days from the <br />expiration of the original moratorium provided that Cabarrus County <br />provides evidence that significant progress has been made toward the <br />proposed extension in the original notice. Significant progress is <br />deemed to mean acquisition of right-of-way, detailed plans and <br />specifications for construction of said facilities, permits to <br />construct said facilities from appropriate state and federal <br />agencies or actual beginning of construction of said facilities. <br /> <br /> NOTWITHSTANDING the foregoing, Concord and Cabarrus County acknowledge <br />that the provisions of this paragraph shall become moot as to the Facilities and <br />Infrastructure or additions thereto upon their having been leased or transferred <br />to the Authority as set forth in Paragraphs 5 or 6. <br /> 9. Transfer of Old South and Carolando Subdivision Water Lines: Within <br /> <br />the time set forth in Paragraph 2 of this Agreement, for and in consideration <br />of the receipt of the sum set forth in Paragraph 2(e) from Concord and the <br /> <br /> <br />
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