§ 102-682. Capital cost of facilities.

(a)

All mutually agreeable capital costs associated with the facilities, including the reasonable and necessary cost of site acquisition, easements, legal services, planning, engineering and construction shall be shared equally by Atlanta and Fulton County. All such costs shall be agreed upon by Atlanta and Fulton County before liability for sharing shall accrue, except that, in the event either Atlanta or Fulton County shall have incurred any of the said direct cash outlay costs before the date of this agreement, then the party which has incurred such costs, as the case may be, will be credited with such costs in accounting for its share of the total cost of the facilities.

(b)

The cost of any enlargement, improvement or modification of the plant, intake or reservoir which requires capital investment, shall not be undertaken until recommended by the commission and approved by Atlanta and Fulton County.

(c)

It is mutually agreed that Atlanta will be credited its full share of the costs for the purchase of the plant/reservoir site of the facilities, in consideration of its release and dismissal of all claims against Fulton County for water and sewer services provided to agencies of Fulton County from January 1, 1978, through December 31, 1984, and in consideration of Fulton County's agreement to pay all charges for water and sewer services accrued on and after January 1, 1985; provided that Fulton County will be credited $2,531,485.00 toward the payment of sewer charges from the principal and interest held by Atlanta and derived from the South Fulton Surcharge Program. The sum shall be paid from an account to the city to cover the outstanding sewer charges on Fulton County facilities from January 1, 1985, to present, and the balance of such sum shall be used and applied as a credit against future sewer charges. Fulton County agrees to pay all future charges within 15 days after receipt of a bill for water and sewer services.

(d)

It is mutually agreed that Fulton County will reimburse Atlanta for one-half of the direct land and appraisal costs paid by Atlanta for the acquisition of the intake site of the facilities, within 30 days of receipt of an invoice detailing such costs, which invoice will be transmitted promptly upon the conclusion of pending litigation for such acquisition.

(Res. of 5-28-86, § 4.2)