§ 93-68. Regional Water Line Project; Binding Arbitration.
Upon a determination by the Utilities Director and the Authority Director of projected
regional water line costs and the projected regional water line revenues, the Utilities
Director shall confirm them in writing to the Authority Director. Provisions contained in
Subsection 4.2 and Sections VI, VII, VIII, IX, and X of the Regional Water Agreement
shall control the regional water line project. Said Subsection 4.2 and Sections VI, VII,
VIII, IX, and X of the Regional Water Agreement are hereby incorporated by reference
as if fully set forth herein. Additionally, the following requirements shall apply:
Additional payments required. Pursuant to the Regional Water Agreement, the
Authority is required to contribute an amount equal to the projected regional
water line revenue to be received over a 9 year period to the cost of the
regional water line. If the projected regional water line revenues for the
requested regional water line are insufficient to pay the projected regional water
line costs, the applicant(s) shall be required to pay the difference to the County
for payment to the Authority. Additionally, if at the end of a 9 year period
after completion of the regional water line by the Authority, the actual net
revenues received by the Authority are less than the actual regional water line
cost, the applicant(s) shall be required to pay the difference to the County for
payment to the Authority.
Notwithstanding anything herein to the contrary, neither Subsection 4.2, Section IX, nor
Section X of the Regional Water Agreement shall be made subject to binding arbitration.
Binding arbitration as a means of dispute resolution is only limited to those provisions
specifically referenced as being subject to binding arbitration in the Regional Water