§ 102-683. Ownership of the facilities.

(a)

Atlanta and Fulton County shall jointly own the land, treatment plant, intake, raw water lines and reservoir of the facilities on a 50-50 basis, as tenants in common.

(b)

Immediately upon execution of the agreement from which this division is derived, Atlanta shall deed Fulton County an undivided one-half interest in the water intake site, and Fulton County shall deed to Atlanta an undivided one-half interest in the primary site of the facilities.

(c)

Both parties agree to seek permits equal to the design rate of production and further agree to operate the facilities at the maximum permitted rate of production.

(d)

Atlanta and Fulton County shall each own, and be entitled to receive and distribute through their respective distribution systems, 50 percent of the total supply of water treated by the plant at any time or 50 percent of capacity, whichever is greater. To the extent that the share of Atlanta or Fulton County shall exceed its needs, Atlanta or Fulton County or Atlanta and Fulton County jointly through the commission shall be entitled to enter into short-term agreements with, and sell to, any other governmental entity the excess of such share. If either Atlanta or Fulton County desires to sell any surplus supply, it shall first offer the surplus to the other, which shall have a right of first refusal, for a period of 30 days after receiving the offer, according to allocation formulas; and the terms of such agreement to sell surplus water shall not exceed a period agreed to by Atlanta and Fulton County.

(Res. of 5-28-86, § 4.3)