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'authority of the governmental entities involved, but the parties agree that it is in the best interests <br />of the City, the County and the District and the citizens thereof that this issue be resolved by a <br />negotiated agreement rather than by obtaining an adjudication from the Court by means other <br />than agreement. <br />(a) Within the City's Utility Service Area, as that term is defined herein <br />below, the City shall have the exclusive right to provide water and sewer collection utility <br />services, except to the extent that the City has agreed to assign some portion thereof to <br />the Water & Sewer Authority of Cabarrus County (hereinafter WSACC) pursuant to <br />Paragraph 8, below. <br />(b) The City's Utility Service Area, as that term is used in this Agreement <br />shall mean that area that was adopted by the City as its Utility Service Area on or about <br />March 11, 2003, in the City's agreements with other municipalities of Cabarrus County, <br />as that area is shown on that map that is attached hereto as Exhibit B. <br />(c) Within the City's Utility Service Area the City shall have the duty to <br />provide water and sewer service to all property owners who apply therefor, provided that <br />the following conditions are met: <br />{i} The applicant for such service has complied with all City utility <br />ordinances and regulations #hat relate to the provision of such utility <br />service. <br />(ii) All technical requirements of the City's utility system are met <br />by the proposed connection. <br />(iii) Sufficient transmission and treatment capacities are available <br />to provide such service to the property of the applicant for the proposed <br />use to which the applicant intends to put the property at that time. <br />(iv) The applicant complies with such policies as the City may <br />have in effect at the time of the application concerning the applicant's <br />responsibility for the costs of extending such service and connecting <br />thereto. <br />(v} If the property for which the application for utility service is <br />being made is located within the Five Year Annexation Area, as that term <br />is defined below, that the applicant comply with the requirements set forth <br />in Paragraph 2(d), below. <br />(d) Within the City's Five Year Annexation Area, as that term is defined below, <br />the City may, in addition to the conditions set forth in Paragraph 2(c), above, impose <br />upon any applicant for water ox sewer utility service for a residential subdivision or <br />business the following conditions: <br />2 <br />~" ~ <br />