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<br />i <br /> <br /> <br />.~ ~ <br /> <br />STATE OF NORTH CAROLINA <br /> <br />COUNTY OF CABARRUS <br /> <br />MEMORANDUM OF UNDERSTANDING <br /> <br />THIS MEMORANDUM of Understanding is entered into on this, the date shown at the <br />conclusion of this document by and between Cabarrus County, a body politic and <br />corporate of the State of North Carolina (the County) and the City of Concord (the City), a <br />North Carolina municipal corporation; and <br /> <br />WHEREAS the County and City. are involved in a series of disputes dealing primarily with the <br />provision of water and sewerutility services outside of the corporate limits ofthe City of . <br />Concord and the development rules to be followed by the new development occurring in the . <br />. wake of various sewer and water line extensions and recent water restrictions caused by drought, . <br />said disputes having reached the Courts in the cases of Craft DeveiopmentLLC et al v. the City <br />of Concord, et ai. 03 CvS 2400 and Morrison Creek LLC, et ai v.. the City of Con cord, et ai. 03. <br />CvS 2462' and .. . <br />, <br /> <br />WHEREAS both the City and County acknowledge that waiting for the Courts to resolve the . <br />present controversies between the parties could take years during which time both parties would' <br />incur great and unnecessary expenses without reaching. a result satisfactory to either party; and <br /> <br />WHEREAS both the City and County desire to work together to resolve their differences; and. <br /> <br />WHEREAS it is in the long-term interests of all the citizens of Cabarrus County to have a . <br />synchronized, progressive, cooperative and comprehensive approach to public utilities provision, <br />land use planning and growth management.. '. <br /> <br />" . <br /> <br />THEREFORE, both the City of Concord City Council and the Board of Commissioners of <br />Cabarrus County covenant and agree to the following guide and framework to resolve their. <br />current disputes. . <br /> <br />1) The City of Concord shall remove requirements in City utility ordinances and regulations <br />pertaining to developments in the Concord service area to adhere to Concord development <br />standards upon the adoption of the new County development and zoning ordinances that are <br />substantially similar to those in use in Mt. Pleasant, Harrisburg, Concord and Kannapolis as <br />noted below at paragraph 3). <br /> <br />2) The City of Concord agrees to continue to provide water and sewer utility services to those <br />properties desiring such services in its utility service area adopted in March 2004 in the .' <br />following manner: . . <br /> <br />A) Individuals and businesses may connect to City-owned utility lines, at their own <br />expense, provided that they meet the requirements of the City utility ordinances and <br />regulations and further provided that sufficient capacities are available to the <br />proposed development or property." . <br /> <br />1 of3 <br /> <br />[:"-4- <br />