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15-3" HATTER RE: UTILITIES FOR CANTERBURY HILLS SUBDIVISION CITY UTILITY LINES MAY NOT BE. INSTALLED IN A NEW SUBDIVISION UNTIL SUCH SUBDIVISION HAS BEEN APPROVED BY THE PLANNING COMMISSION OR COMMISSIONS HAVING JURISDICTION~ AND THE OWNER OR SUBDIVIDER AGREESI (1) To DEVELOP THE SUBDIVISION TO MEET THE REQUIREMENTS OF THE COUNTY SUBDIVISION ORDINANCE~ PLUS (2) ALL STREET RIGHT OF WAY SHALL BE 56t WIDE AND SHALL BE GRADED TO THEIR FULL WIDTH WITH ALL SLOPES AND FILLS OUTSIDE OF THE 55t~ AND (3) To PAVE ALL STREETS TO, A MINIMUM WIDTH OF THIRTY (30) FEET~ AND (4) To INSTALL PROPER DRAINAGE. ALL STREET IMPROVEMENTS MUST BE MADE TO MEET THE STANDARDS OF THE STATE HIGHWAY DEPARTMENT, ALL DISTRIBUTION AND COLLECTOR LINES TO SERVE OUTSIDE OF THE CITY SHALL BE INSTALLED BY AND AT THE EXPENSE OF THE SUBDIVIDER OR OWNER~ AND SHALL BE OF MATERIALS APPROVED BY THE CITY HANAGER~ AND SHALL BE INSTALLED TO MEET THE CITYtS SPECIFICATIONS. THE OWNER OR SUBDIVIDER MUST AGREE TO DEDICATE TO THE CITY ALL RIGHTS OF WAY IN WHICH CITY UTILITY LINES ARE INSTALLED UNLESS THEY ARE INSTALLED IN A PUBLIC RIGHT OF WAY~ AND MUST AGREE TO DONATE ALL DISTRIBUTION AND COLLECTOR LINES TO THE CITY AFTER THEY ARE INSTALLED~ AND THE CITY SHALL HAVE THE RIGHT TO CONNECT TO OR EXTEND SAID LINES. THE OWNER AND/OR SUBDIVIDER MUST SUBMIT TO THE COUNCIL A PLAT OF THE SUBDIVISION, OR~ IF AN OWNER OF A LOT OR LOTS IN A PREVIOUSLY APPROVED SUBDIVISION~ THEN A WRITTEN IDENTIFICATION OF SUCH LOTS~ STATING THE PROPOSED LAND-USE OF. EACH SUCH LOT~ PARCEL OR TRACT WILL NOT HENCEFORTH BE CHANGED WITHOUT THE- PRIOR APPROVAL OF THE COUNCIL. ALL' APPLICANTS FOR CITY UTILITY SERVICES HUST EXECUTE A CONTRACT WiTH THE ClTY~ BINDING HIMSELF~ HIS HEIRS AND ASSIGNS~ EMBODYING THE APPLICABLE FOREGOING PROVISIONS BEFORE ANY SERVICE CONNECTION CAN BE MADE~ WHICH CONTRACT SHALL ALSO PROVIDE: (1) THAT NO OTHER WATER SUPPLY WILL BE USED ON ANY SUCH LOT, PARCEL OR TRACT SO LONG AS CiTY WATER IS AVAILABLE: (2) THAT THE OWNER AND/OR SUBDIVIDER WILL COMPLY WITH ALL CITY ORDINANCES PERTAINING TO CITY UTILITY CONNECTIONS AND USE] (3) IF THE OWNER AND/OR SUBDIVIDER VIOLATES THE THAT AGREEMENT HE SHALL BE LIABLE FOR DAMAGES .TO THE CITY OR ANY OTHER PERSON WHO HAS BEEN DAMAGED AS A RESULT OF SUCH VIOLATION; AND (4) THAT'UPON PASSAGE OF A ZONING ORDINANCE COVERING SUCH LOTS~ PARCELS OR TRACTS THE ABOVE MENTIONED PROVISIONS PERTAINING TO LAND-USE SHALL BE RESCINDED AND BECOME NULL AND VOID. ]N THE CASE OF AN OWNER OR SUBDIVIDER OF A SUBDIVISION THIS CONTRACT~ AFTER EXECUTION BY THE PROPERTY OWNER AND/OR SUBDIVIDER AND THE CITY) SHALL BE RECORDED IN THE CLERKfS OFFICE OF THE CIRCUIT COURT OF ALBEMARLE COUNTY, AT THE OWNERWS EXPENSE. WE FURTHER RECOMMEND THAT THE COUNCIL RESERVE THE RIGHT TO DISCONTINUE THIS POLICY AT ANY TIME~ AND TO REFUSE ANY APPLICATION. EACH APPLICATION SHALL BE CONSIDERED ON ITS MERITS AND NO PROPERTY OWNER SHOULD TAKE FOR GRANTED THAT CiTY UTILITIES WiLL BE MADE AVAILABLE UNTIL THE COUNCIL HAS OFFICIALLY PASSED ON THE HATTER. THE FOREGOING REQUIREMENTS ARE NOT INTENDED TO AFFECT THE EXISTING POLICY OF CONSIDERING ANY APPLICATION FOR INDUSTRIAL DEVELOPMENT OUTSIDE OF THE. CITY LIMITS. RESPECTFULLY SUBMITTED~ B. J. HAGGERTY~ CHAIRMAN R. E. LEE L. B: HOUNT ~, R. PONTON L. L. SCRIBNER ~AS. E. BOWEN~ JR. A MOTION BY ~R, HOUNT~ SECONDED BY ~R. LEE THAT THE APPLICATION FOR UTILITIES FOR CANTERBURY ~ILLS SUBDIVISION BE APPROVED IN PRINCIPLE SUBJECT TO CONFORMANCE WITH THE OUTSIDE CiTY UTILITY POLICY WAS DEFEATED BY THE FOLLOWING VOTE: AYES: HAGGERTY~ AND HR.,HOUNT, NOES: ~R. LEE, NR. PONTONAND HR. SCRIBNER. A MOTION BY ~R, SCRIBNER~ SECONDED BY HR. 'LEE THAT THE APPLICANT FOR UTILITIES FOR CANTERBURY,HILLS AND WESTF.IELD SUBDIVISIONS BE ADVISED THAT THE COUNCIL WILL LOOK FAVORABLY ON HIS APPLICATIONS FOR UTILITIES PROVIDED HE FURNISHES THE REQUIRED PLATS~