BC 2007 10 24 Special - Laserfiche WebLink

Home Browse Search

October 24, 2007 (Special Joint Meeting) Page 597 upon the extension of such water or sewer utility service to such property which condition pertains to the land use or development standards to which the property shall be built, unless the County has amended its zoning and development ordinances from. the form in which they exist as of the date of thisAgreement in such a manner that the amendment thereof materially impacts the standards to which the project is constructed in such a way as to lower the quality of the development of the property for which such utility extension has been requested. (G) Definitions applying to this Amended Agreement: Anniversary Date: The date that is eight months from the date of filing this modified Agreement with the Court. City of Concord Utility Service Area (Utility Service Area): As defined in section (b) of this agreement shall remain unchanged. City of Concord Five Year Annexation Area (5-Year Annexation Area): The term shall mean that area that is included in the area that the City is considering for municipal annexation as defined in the City's Five Year Annexation Plan that was adopted by the City on or about March 14, 2005, and amended on October 29, 2007 into Sub-Areas 1 and 2, corresponding to and contained within the Utility Service Sub Areas and which area is shown on that map that is attached hereto as Exhibits B and C. Major Subdivision: A division of land involving six (6) or more buildable lots which may or may not front on an existing street. 3. The City may not charge any sewer utility customer located outside of the municipal boundary of the City any more than the rate the City charges any sewer customers who are located inside the municipal boundary. The City may not charge any water utility customer located outside of the municipal boundary of the City any more than one hundredtwenty percent (120°s) of the rate the City charges any water customers who are located inside the municipal boundary. 9. Outside of the City's Utility Service Area, the County and/or the District may construct and/or maintain a water and/or sewer collection utility system, and may connect the same to the system of the City provided that the County and/or the District meets the following conditions: (a) That all such trunk and transmission water lines and sewer mains, outfalls and interceptors are owned by the County and/or the District. Neither the County nor the District may assign such lines to any entity other than to each other. Maintenance of all such lines shall be the responsibility of the County and/or the District or their contractors or agents. (b) The City's system, as of the time of the County's or District's request for such connection to the City's system, has sufficient transmission and treatment capacities to be able to accommodate the specific capacity requested by the County and or the District for that connection. (c) All engineering, hydraulic and capacity plans pertaining to the proposed connection of the County and/or District have been submitted to the City for review and to the State for approval. (d) The connection to the City's system shall be designed and constructed in accord with the City's technical requirements as the same have been adopted for all such connections to the City's system as of the time of the request of the County and/or the District. (e) Nothing in this Paragraph shall be construed to mean that the City is obligated to work with any entity other than the County and/or the District with regard to issues of operation or maintenance relative to the connection of the City's system to such system of the County and/or the District. 5. In the event that the County and/or the District connects to the City's utility system in accord with Paragraph 4, above, then the parties agree that the County and/or the District shall be charged a rate that consists of the following two components, as described in 5 (a) and 5 (b):