Ord 1987-020 - Laserfiche WebLink

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described in the Preliminary Water and Wastewater Service Master Plans for the Cottonwood Creek Area produced by Jones and Neuse, Inc., consulting engineers to the City, dated January, 1987 (the "Utility Plan"), portions of which are attached in Exhibit "D" hereto. The District shall finance its pro rata share of the Regional Facili ties as more specifically provided therein and hereinafter, as well as plan, design, finance and construct those portions of the utility systems internal to the District. Thereafter, the District shall receive an absolute, non-discriminatory exc lusi ve ownership right to the capacity in the City's systems needed to serve the property within the District, and the City shall own, operate, and maintain the Regional Facili ties as well as the District's internal uti Ii ty facilities. It is understood that this arrangement results in a partnership of the City and the District and permits the provision of utilities services to the District through portions of the Ci ty' s regional systems, integrating the District into the City's regional systems and eliminating the need for temporary facilities to be constructed by the District. It is agreed that the Regional Facilities may be utilized by the City to serve areas outside the District so long as no disruption or curtailment of service to the District or impairment to the District's exclusive ownership rights to its purchased capacity therein occurs as a result thereof. The City shall not permit the District's pro rata share of purchased capacity in the City's systems to be commi tted and permanently allocated to any other party. Finally, it is understood and agreed that the District will not finance more than its pro rata share of the City's Regional Facilities and its internal utilities, and that the District agrees to cooperate in all current and future phases of the Utility Plan of which service to the District is a part, as presently projected or as mutually modified. Section 3.02. Cost-Sharing and Mutual Modification of Regional Facilities. (a) The District and the City agree to share the costs of the Regional Facilities, the cost shares being as de- scribed in the so-called Second Alternative and Appendix H of the Water part and Alternative 6 and in Appendix J of the Wastewater part of the Uti li ty P lan, attached hereto as Exhibi t "D". Execution of this Agreement by the City constitutes its adoption of said alternatives as the Utility Plan. The parties have agreed that, in general, the Utility Plan will meet the needs of both the City and the District. -5-