Common use of Stormwater Utility Clause in Contracts

Stormwater Utility. 5.7.1. The University and Town acknowledge that both entities operate stormwater programs that include responsibilities pursuant to their respective NPDES Phase II stormwater permits, their stormwater infrastructure maintenance responsibilities, sustainable program practices, and other state and federal requirements. The University stormwater program includes many, but not all, services that would otherwise be provided by the Town. 5.7.2. The Town and University shall prepare and regularly update (at three year intervals) a cost sharing agreement for stormwater utility functions. This agreement shall document the stormwater utility services provided by the University and Town, their costs, and provisions for University financial contributions for services provided by the Town and credits for services provided by the University. The Manager shall approve the agreement if it reasonably provides for equitable cost- sharing based on the respective duties and financial obligations of the Town and University. 5.7.3. The initial cost-sharing agreement for stormwater utility functions shall be based on the analysis prepared by Town and University staff and submitted to the Manager on April 22, 2009. The stormwater utility cost-sharing for the 2009-2010 fiscal year shall be 24% of the fee that would be charged based on the impervious surface coverage on the Carolina North Tract existing as of the Effective Date of this Agreement. This rate shall remain in effect for three years and may thereafter be adjusted based on the updated agreements required by Section 5.7.2 of this Agreement. The initial updated agreement shall include a provision for equitable cost-sharing in capital projects or funds based on the respective duties and financial obligations of the Town and University.

Stormwater Utility. 5.7.1G.7.1. The University and Town acknowledge that both entities operate stormwater programs that include responsibilities pursuant to their respective NPDES Phase II stormwater permits, their stormwater infrastructure maintenance responsibilities, sustainable program practices, and other state and federal requirements. The University stormwater program includes many, but not all, services that would otherwise be provided by the Town. 5.7.2G.7.2. The Town and University shall prepare and regularly update (at three year intervals) a cost sharing agreement for stormwater utility functions. This agreement shall document the stormwater utility services provided by the University and Town, their costs, and provisions for University financial contributions for services provided by the Town and credits for services provided by the University. The Manager shall approve the agreement if it reasonably provides for equitable cost- cost-sharing based on the respective duties and financial obligations of the Town and University. 5.7.3G.7.3. The initial cost-sharing agreement for stormwater utility functions shall be based on the analysis prepared by Town and University staff and submitted to the Manager on April 22, 2009. The stormwater utility cost-sharing for the 2009-2010 fiscal year shall be 24% of the fee that would be charged based on the impervious surface coverage on the Carolina North Tract existing as of the Effective Date date of this Agreement. This rate shall remain in effect for three years and may thereafter be adjusted based on the updated agreements required by Section 5.7.2 G.7.2 of this AgreementExhibit. The initial updated agreement shall include a provision for equitable cost-sharing in capital projects or funds based on the respective duties and financial obligations of the Town and University.

Stormwater Utility. 5.7.1. The University and Town acknowledge that both entities operate stormwater programs that include responsibilities pursuant to their respective NPDES Phase II stormwater permits, their stormwater infrastructure maintenance responsibilities, sustainable program practices, and other state and federal requirements. The University stormwater program includes many, but not all, services that would otherwise be provided by the Town. 5.7.2. The Town and University shall prepare and regularly update (at three year intervals) a cost sharing agreement for stormwater utility functions. This agreement shall document the stormwater utility services provided by the University and Town, their costs, and provisions for University financial contributions for services provided by the Town and credits for services provided by the University. The Manager shall approve the agreement if it reasonably provides for equitable cost- cost-sharing based on the respective duties and financial obligations of the Town and University. 5.7.3. The initial cost-sharing agreement for stormwater utility functions shall be based on the analysis prepared by Town and University staff and submitted to the Manager on April 22, 2009. The stormwater utility cost-sharing for the 2009-2010 fiscal year shall be 24% of the fee that would be charged based on the impervious surface coverage on the Carolina North Tract existing as of the Effective Date date of this Agreement. This rate shall remain in effect for three years and may thereafter be adjusted based on the updated agreements required by Section 5.7.2 of this AgreementExhibit. The initial updated agreement shall include a provision for equitable cost-sharing in capital projects or funds based on the respective duties and financial obligations of the Town and University.

Stormwater Utility. 5.7.1. The University and Town acknowledge that both entities operate stormwater programs that include responsibilities pursuant to their respective NPDES Phase II stormwater permits, their stormwater infrastructure maintenance responsibilities, sustainable program practices, and other state and federal requirements. The University stormwater program includes many, but not all, services that would otherwise be provided by the Town. 5.7.2. The Town and University shall prepare and regularly update (at three year intervals) a cost sharing agreement for stormwater utility functions. This agreement shall document the stormwater utility services provided by the University and Town, their costs, and provisions for University financial contributions for services provided by the Town and credits for services provided by the University. The Manager shall approve the agreement if it reasonably provides for equitable cost- sharing based on the respective duties and financial obligations of the Town and University. 5.7.3. The initial cost-sharing agreement for stormwater utility functions shall be based on the analysis prepared by Town and University staff and submitted to the Manager on April 22, 2009. The stormwater utility cost-sharing for the 2009-2010 fiscal year shall be 24% of the fee that would be charged based on the impervious surface coverage on the Carolina North Tract existing as of the Effective Date Ddate of this Agreement. This rate shall remain in effect for three years and may thereafter be adjusted based on the updated agreements required by Section 5.7.2 of this AgreementAgreementExhibit. The initial updated agreement shall include a provision for equitable cost-cost- sharing in capital projects or funds based on the respective duties and financial obligations of the Town and University.