BC 2004 12 06 ORGANIZATIONAL - Laserfiche WebLink

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Organizational Meeting - December 6, 2004 Page 8 and Kannapolis. The County agrees to adopt these new ordinances at or before the end of the moratorium. 4) The City of Concord shall endorse the County's effort to revise its development ordinances and set the effective dates of future annexations of residential properties occurring during the moratorium at six months from the date of adoption of the annexation ordinance, or the date of the end of the moratorium, whichever is sooner. 5) The City and County agree that all property owners who have submitted any preliminary applications to the City under the Concord City Code Section 62- 81 or any preliminary subdivision plats to the County prior to the enactment of the moratorium shall be permitted to proceed through the development review process under the ordinances and regulations in effect at the date of execution of this Memorandum. It is, however, expressly acknowledged and understood that by allowing such applications to proceed under the now existing ordinances and regulations that County does not agree or concede that such ordinances and regulations are lawful or proper. It is also expressly acknowledged and understood that the City does maintain that such ordinances and regulations are lawful and proper. 6) The City Council and Board of Commissioners agree to embark on a comprehensive land use/growth management plan, along with Kannapolis, if Kannapolis agrees, for the Northwest Cabarrus County area, using the Highway 73 Corridor study as a basis. The planning will begin immediately and is to be completed and implemented, including adoption of any necessary ordinances, within six months. (Northwest Cabarrus County is the unincorporated portions of Cabarrus County Townships 2, 3 and 4 that are located north of 1-85). 7) The City Council and Board of Commissioners agree to review and amend as necessary the various utility agreements between the City and the County, beginning with the contracts listed in the litigation above, within six months. The City and County agree to ask the Court to hold in abeyance the cross- and counter-claims of the County vs. City and the City vs. the County pending the implementation of the terms of this Memorandum, and upon the City and County agreeing and acknowledging that the terms of this Memorandum have been fulfilled agree to file with the Court a Stipulation of Dismissal with prejudice of all claims by and between the City and County, including cross claims and counterclaims. If the City and County determine that the implementation of this Memorandum requires the entry of a Consent Partial Judgment between the City and County in the Craft and Morrison lawsuits, or if the City and County agree that such Consent Partial Judgment would be ' helpful or convenient to the implementation of this Memorandum, then the City and County agree they will make a joint motion to the Court for the entry of such. 8) The City Council and Board of Commissioners do hereby direct their managers, attorneys, planners and other professional staff members to prepare such studies and documents necessary to effect the provisions of this Memorandum and to present them to their respective boards as soon as possible for consideration and adoption. 9) The Adoption of this Memorandum by the County Board of Commissioners is expressly conditioned upon the adoption hereof by the City Council, and the adoption of this Memorandum by the City Council is expressly conditioned upon the adoption hereof by the County Board of Commissioners. All covenants and agreements set forth herein are and shall be mutually dependent and a condition to each agreement and covenant herein shall be the complete fulfillment of all other agreements and covenants herein by the other party. No provision hereof is severable. Agreed to this the 6th day of December 2004 by the Board of Commissioners of the County of Cabarrus and the City Council of the City of Concord. THE COUNTY OF CABARRUS BY: /s/ Carolyn Carpenter Carolyn Carpenter, Chairman of the Board of Commissioners THE CITY OF CONCORD BY: Scott Padgett Scott Padgett, Mayor ATTEST: /s/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board of Commissioners ATTEST: /s/ Vickie C. Weant Vickie C. Weant, City Clerk Mr. Day requested clarification regarding the adoption of the Memoranda with the City of Kannapolis and the Town of Harrisburg.