20051457 Ver 1_Rutherford Cnty Water Agreement_20121005

Strickland, Bev
From: CCSD Manager [manager @ccsdwater.com]
Sent: Friday, October 05, 2012 8:15 AM
To: tom reeder
Subject: RUTHERFORD COUNTY WATER AGREEMENT.PDF
Attachments: RUTHERFORD COUNTY WATER AGREEMENT.PDF
Here is another agreement, Tom we have had water in Rutherford County since the late 80's.
But remember Cleveland County Water is a young system,April 1984 they started producing
water.Now we have over 1100 miles of water line.
Thanks

INTERLOCAL AGREEMENT
REGARDING GRANT FUNDING FROM THE
RUTHERFORD COUNTY WATER AND SEWER FUND
TO THE CLEVELAND COUNTY WATER
FOR CONSTRUCTION OF EXPANDING PUBLIC WATER MAIN WITHIN
RUTHERFORD COUNTY BORDERS
THIS AGREEMENT is entered into and effective the 3 day of November,
2008 by and between Rutherford County, hereinafter referred to as "County" and Cleveland
County Water, hereinafter referred to as "CCW ";
WITNESSETH:
WHEREAS, Rutherford County has enacted a Water and Sewer Extension Ordinance, a
copy of which is attached hereto as Exhibit A and incorporated herein by reference, and pursuant
thereto has established a Water and Sewer Fund for the purpose of distributing grant and loan
funding to the water and sewer providers in Rutherford County ( "County ") for the purpose of
extending water and sewer service to unserved parts of the County as well as for the purpose of
economic development and assisting commercial growth; and
WHEREAS, CCW is a public utility provider located within Cleveland County and
operates a Public water system in and around unincorporated Rutherford County; and.
WHEREAS, CCW applied for a $202,815 grant to be utilized by CCW toward its costs
and expenses in the construction of a water main to serve the Hollis Road community in Rutherford
County, with a total project cost of $405,630, (a copy of the project applications being attached
hereto as Exhibit B and incorporated herein by reference as if fully set forth; and
WHEREAS, the Capital Planning and Financing Advisory Committee recommended the
Hollis Road project to the Rutherford County Board of Commissioners who unanimously approved
the funding of 50% of the total project cost not to exceed $202,815 for the project at the
Commissioner's meeting of May 7,2007; and
WHEREAS, CCW has agreed to comply with all terms and conditions of the Water and
Sewer Extension Ordinance in consideration for the grant herein referenced from the County and
further agree to the terms and conditions of this h-iterlocal Agreement; and
WHEREAS, Rutherford County requires that an Interlocal Agreement be executed for
each project funded under this program.
NOW, THEREFORE, in consideration of the mutual and public benefits herein deemed to exist,
and pursuant to the authority granted by Article 20, Part 1 of Chapter 160A of the North Carolina
General Statutes, the parties do hereby agree that:
I. Construction of System
1. CCW will be completely responsible for the design, installation and construction
of the sewer system improvements substantially in accordance with the preliminary
engineering report submitted to the County with the application for the project
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which is attached hereto as Exhibit B. CCW shall comply with any and all
applicable requirements and responsibilities as the water providers delineated in
the Water and Sewer Ordinance attached hereto as Exhibit A.
2. CCW will be responsible for acquiring all necessary easements and /or rights of
way required for the construction of the water line and improvements to the water
system. .
3. CCW shall obtain all permits and approvals for the construction and operation of
the water system improvements anticipated by this agreement and to construct and
operate the same in compliance with all applicable laws and regulations.
H. Receiving funds for the Project
1. CCW agrees that the County grant funds will be the last $202,815 spent on the
project. CCW will submit a copy of the contractor's certification and application
for payment when the remaining amount needed to complete the project equals
$202,815. The County will then forward the amount requested in the application,
not to exceed $202,815 to CCW within 30 calendar days of receipt of the
notification stated above, provided all requirements have been met.
III. Ownership of System
1. CCW will be the sole owner of the water system constructed pursuant to this
agreement. .
2. CCW will be responsible for any and all operation requirements and maintenance
of the water system and improvements to the water system constructed pursuant to
this agreement.
W. Access Fees
1. The grant program requires the payment of $750 to the County for each' /4" inch
connection ($500 for a connection made within the first three months after
engineering certification) that is made to the Water Service on the Hollis Road
project in Rutherford County, and /or the payments according to the graduated rate
schedule in compliance with Appendix A of the Water and Sewer Service
Ordinance for each service connection in Rutherford County. Any additional
connections to the Hollis Road water main in Rutherford County that occur within
20 years will require payment to the County as outlined under the terms of the
50150 program described in the Water and Sewer Service Ordinance attached
hereto as Exhibit A.
2. The repayments to Rutherford County from connections to the Hollis Road project
in Rutherford County will continue for 20 years after the completion of the project.
3. Payments to the County will be made annually within 30 days following the
anniversary of the final engineering certification of the completed project phase.
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IN WITNESS WHEREOF, the undersigned official representatives of the parties, acting under
the express authority of their respective governing bodies, have caused this contract to be duly
executed in two (2) counterparts, each of which shall constitute an original.
This the day of
ATTEST:.
County Clerk
ATT T SST::
Cleric
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
2008
RUTHERFORD COUNTY
By: &""d 4a-&
Chairman, Board of Commis oners
CLEVELAND COUNTY WATER
By:
'Mifman
CLEVELAND CO TY WATER DISTRICT
�
By: � ` Z ''
Senior Officer 1 President
I, L l L L11A 0' U__, a Notary of the County and State aforesaid,
certify that Chivous O. bradley personally came before me this day and acknowledged that
he is the Chairman of The County Commissioners of The County of Rutherford, a
municipality, and that by authority duly given and as the act of same, the foregoing
instrument was signed in its name by its chairman, sealed with its corporate seal and
attested by Hazel S. Haynes as its Clerk of Board. _
This the day of , 2(W8\ County StateAL-
° Notary Public
My commissi n expires: c
STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
I ftc,61 k-L Notary Public for said County and State, certify that
' S personally came before me this day and acknowledged that she is the
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Clerk to the Board of Cleveland County Water, a public utility and that by authority given and as
an act of the public utility/ corporation, the foregoing instrument was signed in its name by the
Senior Officer, and attested by its Cleric.
This the day of yQxYkQ_Y , 2008. Cou ty Vdekn -State
o Public
my commission expires:
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