BC 2004 12 06 ORGANIZATIONAL - Laserfiche WebLink

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Organizational Meeting - December 6, 2004 Page 7 Chairman Carpenter called for a vote on the motion by Vice Chairman Carruth. The motion to adopt the ci ty of Concord carried wi th Chairman Carpenter voting for against. following Memorandum of Understanding with the Vice Chairman Carruth, Commissioner Juba and and Commissioners Freeman and Privette voting STATE OF NORTH CAROLINA COUNTY OF CABARRUS MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM of Understanding is entered into on this, the date shown at the conclusion of this document by and between Cabarrus County, a body politic and corporate of the State of North Carolina (the County) and the City of Concord, a North Carolina municipal corporation; and WHEREAS the County and City are involved in a series of disputes dealing primarily with the provision of water and sewer utility services outside of the corporate limits of the City of Concord and the development rules to be followed by the new development occurring in the wake of various sewer and water line extensions and recent water restrictions caused by drought, said disputes having reached the Courts in the cases of Craft Development LLC et al v. the City of Concord, et al. 03 CvS 2400 and Morrison Creek LLC, et al v. the City of Concord, et al. 03 CvS 2462; and WHEREAS both the City and County acknowledge that waiting for the Courts to resolve the present controversies between the parties could take years during which time both parties would incur great and unnecessary expenses without reaching a result satisfactory to either party; and WHEREAS both the City and County desire to work together to resolve their differences; and WHEREAS it is in the long-term County to have a synchronized, approach to public utilities management. interests of all the citizens of Cabarrus progressive, cooperative and comprehensive provision, land use planning and growth THEREFORE, both the City of Concord City Council and the Board of Commissioners of Cabarrus County covenant and agree to the following guide and framework to resolve their current disputes. 1) The City of Concord shall remove requirements in City utility ordinances and regulations pertaining to developments in the Concord service area to adhere to Concord development standards upon the adoption of the new County development and zoning ordinances that are substantially similar to those in use in Mt. Pleasant, Harrisburg, Concord and Kannapolis as noted below at paragraph 3) . 2) The City of Concord agrees to continue to provide water and sewer utility services to those properties desiring such services in its utility service area adopted in March 2004 in the following manner: A) Individuals and businesses may connect to City-owned utility lines, at their own expense, provided that they meet the requirements of the City utility ordinances and regulations and further provided that sufficient capacities are available to the proposed development or property. B) within six months of the adoption of a moratorium by the County, as set forth below, the City Council will adopt a five-year annexation plan. After the adoption of the annexation plan the City may require residential subdivisions located within the five-year annexation planning areas to submit petitions for voluntary annexation as a condition of connecting to the City's utility lines. 3) The County Commissioners of Cabarrus County agree to immediately institute the process required to impose a moratorium on the consideration of residential subdivision applications in the unincorporated areas of the County. The moratorium shall be for a period of 6 months following the required notice, public hearing and adoption. During the moratorium period the County agrees to prepare new development and zoning ordinances substantially similar to those in use in Mt. Pleasant, Harrisburg, Concord