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City Council Meetings. Sep 11, 2006.

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EXHIBIT #1 Regular Council Meeting of 9/11/2006 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council September 11, 2006 Applicants/Owners Daniel M. Durham 4242 West Denneys Road Dover, DE 19904 Location: South side of West Denneys Road just west of Maple Glen Drive. Property Addresses 4242 West Denneys Road Tax Parcel ID #: ED-05-066.00-01-04.00-000 (part of) Size: 6.9596 ± acres (proposed rezoning) Present Zoning: C-1A (Limited Commercial Zone) and R-15 (One Family Residential) Proposed Zoning: RM-1 (Medium Density Residence Zone) permitting: single family detached dwellings, one-family lot line dwellings, duplex dwellings, multiplex dwellings, townhouses, rooming houses accommodating not more than five roomers. Present Use: Commercial and residential Proposed Use: Residential File Number: Z-06-02 Comprehensive Plan: Residential Low Density

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At its meeting on August 21, 2006, the Planning Commission unanimously recommended denial of the proposed zoning change. This application is to rezone the properties at 4242 West Denneys Road. The subject area is located on the south side of West Denneys Road, just west of Maple Glen Drive. The subject area consists of a single parcel of land totaling 9.0160 acres +/-. The property is currently zoned C-1A (Limited Commercial Zone) and R-15 (One Family Residential). The proposed zoning classification is RM-1 (General Residence Zone). The current owner of record is Daniel and Alverta Durham. A minor subdivision application went before the Planning Commission on March 20, 2006 and was granted conditional approval. This subdivision has recently been recorded. Existing Property The property consists of two existing buildings, a commercial structure on the northeast corner and a single family house located on the northwest corner. The existing commercial building has a current business license. The commercial building is proposed to be demolished. The residential structure has been subdivided and remain as a residence. Surrounding Land Uses: This property is located on the northern edge of the City’s boundary. There is a subdivision (Carlisle Village) immediately to the north across West Denneys Road located in the County zoned RS1 (Single Family Residential Zone). To the south is land owned by the State of Delaware zoned RM-1 (General Residence Zone). To the east is the Male Glen Subdivision zoned R-8 (One Family Residential Zone). To the immediate west is land owned by the State of Delaware zoned RM-1 (General Residence Zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update, the Land Development Plan recommends that this property be used for Residential Low Density. Request for RM-1 (Medium Density Residence Zoning) The types of permitted uses in the RM-1 (Medium Density Residence Zone) are outlined in Article 3 §6. 6.1Uses permitted. In an RM-1 zone, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purposes, except the following: (a) Any use permitted in one-family residence zones; (b) One-family lot-line dwellings, not to exceed one such dwelling per lot; (c) Duplex dwellings; (d) Multiplex dwellings; (e) Townhouses; (f) Roominghouses accommodating not more than five roomers. 6.4 Maximum density. The gross residential density in an RM-1 zone shall not exceed six dwelling units per acre. Recommendation of the Planning Staff: The difference between the existing zoning and the proposed zoning is that the proposed zoning would reduce the minimum lot size required and the allow for duplex and multiplex dwellings, townhouses and rooming houses, in addition to single-family detached dwellings.

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Z-06-02 Lands of Denneys Road LLC C-1A & R-15 to RM-1 Report to City Council Page 3 Staff does not support the request for RM-1 (Medium Density Residence Zone) because the zoning request is inconsistent with the zoning classifications identified for the Low Density Residential area in the Comprehensive Plan. Staff recommends that the Planning Commission forward a recommendation to City Council to deny the request for rezoning of the property to RM-1 (Medium Density Residence Zone). The staff recommendation was made prior to the public hearing on August 21, 2006. Following the public hearing, Planning Commission unanimously supported the staff recommendation and recommended denial of the rezoning application.

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City of Dover Application No.: Z-06-02 Department of Planning & Inspections RM-1 AD E RO IV YS DR RM-1 NE K N R EE DE LC MI RM-1 RM-1 L RM-1 RM-1 M RI ST G IL L DRI VE KE M E C RO A D IPM C-1A R-15 R-8 R-15 R-8 R-15 R-8 R-8 R-8 SITE R-8 RG-3 RM-2 R-8 OAD P I NE VALLEY R RM-1 RC R-10 RM-2 R-10 Plan Title: Lands of Denneys Road, LLC Plan Type: Rezoning Tax Parcel: ED-05-066.00-01-04.00-000 Site Area: 6.9596 AC Owner: Denneys Road LLC Current Zoning: R-15 & C-1A Proposed Zoning: RM-1 Date: 5-4-06 0 260 520 1,040 Feet -

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EXHIBIT #2 Regular Council Meeting of 09/11/2006

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EXHIBIT #3 Regular Council Meeting 9/11/2006

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EXHIBIT #4 Regular Council Meeting of 9/11/2006 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council September 11, 2006 Applicants/Owners: Leon & Dorothy Hansen 14956 Jarrell Road Goldsboro, MD 21636 Location: Corner of N. Halsey Road and White Oak Road Property Addresses: N. Halsey Road & White Oak Road Dover, DE 19901 Tax Parcel ID #: ED-05-068.14-05-85.00-000 Size: 1.1152 ± acres Present Zoning: C-PO (Commercial/Professional Office Zone) Proposed Zoning: IO (Institutional and Office Zone) Present Use: Vacant Comprehensive Plan Designation: Office and Office Parks Proposed Use: House of Worship File Number: Z-06-09

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At its meeting on August 21, 2006, the Planning Commission unanimously recommended approval of the proposed zoning change. This zoning change is being requested by Leon & Dorothy Hansen and The Potters House CFC, Inc. The subject parcel is currently zoned C-PO (Commercial/Professional Office Zone). The applicant is request IO (Institutional and Office Zone) zoning. Existing Property: The subject parcel is currently vacant. Surrounding Land Uses: The land adjacent to the site to the east is a neighborhood of single-family detached homes, zoned R-8 (One-Family Residence Zone). Just north of the site on Halsey Road is a condominium complex, zoned RG-2 (General Residence Zone). West of Halsey Road is a shopping center, zoned SC-2 (Community Shopping Center Development Zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update, the Land Development Plan recommends that this property be used for Office and Office Parks. The IO (Institutional and Office Zone) is consistent with this land use category. Request for IO (Institutional and Office Zoning) The types of permitted uses in the IO (Institutional and Office Zone) are outlined in Article 3 §10. 10.1Uses permitted. In an institutional and office zone, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: 10.11 Business, professional, or governmental offices, and research, design and development laboratories, located entirely within a building on the same lot therewith, including incidental clinics, cafeterias and recreational facilities for the exclusive use of company employees. 10.12 Public and institutional uses including hospitals, sanitariums for general medical care, medical clinics, libraries, police stations, courthouses, transit centers, motor vehicle storage and repair facilities accessory to a public or institutional use, schools, colleges and universities, places of worship, philanthropic and eleemosynary institutions, parks, playgrounds, public indoor recreation centers, civic centers, athletic fields and public utility rights-of-way and structures necessary to serve areas within the city. 10.13 Restaurants accessory to permitted uses located on the same lot. 10.14 Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. 10.15 Firearm ranges, prisons and correctional facilities, [and] public incinerators, as a conditional use, subject to the approval of the planning commission under the provisions of article 10, section 1. Recommendation of the Planning Staff: This request is to rezone land from C-PO (Commercial/Professional Office Zone) to IO (Institutional and Office Zone). The primary difference in uses permitted is that the IO (Institutional and Office Zone) allows for public and institutional uses. There are additional conditional uses as well, including firearm ranges, prisons, correctional facilities and public incinerators. Additionally, the C-PO (Commercial/Professional Office Zone) allows for a

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Z-06-09 Lands of Leon and Dorothy Hansen Report to City Council Page 3 maximum building height of 3 stories or 35 feet and a floor area ratio of 2.0, while the IO (Institutional and Office Zone) allows for a building height of 10 stories or 130 feet and a floor area ratio of 4.0. While staff has some concerns about the height requirements in the IO (Institutional and Office Zone), the floor area ratio should preclude a structure from being erected that would be so large as to be out of character with the surrounding area. The requested zoning is consistent with the Comprehensive Plan. Staff supports the request for IO (Institutional and Office Zone) zoning in this location. Staff recommends that the Planning Commission forward a recommendation to City Council to approve the request for the rezoning of the property to IO (Institutional and Office Zone). The staff recommendation was made prior to the public hearing on August 21, 2006. Following the public hearing, Planning Commission unanimously supported the staff recommendation and recommended approval of the rezoning application.

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City of Dover Application No.: Z-06-09 Department of Planning & Inspections E RM-2 R-8 IV R-8 DR R-8 D EL RM-2 FI M R-8 RG-2 AR U R-8 CA G R Z E HE MIT N NI EI S RT EN LA RI R-8 DY VE D RO R-20 NE HO Y ER N LE AD KE AD W R-8 BR IV E R-8 R DR RO RG-2 EA AL FR AD W NU RO R-8 T DR AD E IV IV E DR R-8 ON R IS R R-8 HA C-1 SC-2 RG-2 C-1 AD RG-2 RO RG-1 AK O TE C-1 R-7 HI SITE CPO W RG-3 R-20 W IL R-7 RG-2 LIS RG-3 AD R-7 RO RU SP RG-3 C-4 R-7 EY C AN E R-7 A LL AD AY RG-2 CH R-7 RO KW TS R MI PA DU E I PL RU NT H MA SP R EY EA PO LS ST HA R-7 D EA RG-3 ND OA C-4 LA R-7 AY R-7 UP RO G HW E AN GR UE R-7 ILL AVEN AD CE R-7 RG-1 R-7 H U C-4 EN EN EDGEH RD AV R-7 R-7 U Y EN R-7 AL LE E AV R-7 ILL C-4 E IPM R-7 R-7 C-3 R-7 R-7 R-7 Plan Title: Lands of Leon and Dorothy Hansen Plan Type: Rezoning Tax Parcel:ED-05-068.14-05-85.00-000 Site Area: 1.1152 AC Owner: Leon and Dorothy Hansen Current Zoning: C-PO Proposed Zoning: IO Date: 8-7-06 0 125 250 « 500 Feet

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EXHIBIT #5 Regular Council Meeting 9/11/2006 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council September 11, 2006 Applicants/Owners Dover Downs, Inc. PO Box 843 Dover, DE 19903 Location: East of U.S. Route 13, adjacent to Dover International Speedway and Dover Downs Hotel and Casino Property Addresses: 1131 North DuPont Highway Dover, DE 19901 Tax Parcel ID #: part of ED-05-057.00-01-32.00-000 (Area previously identified as ED-05-057.00-01-31.01-000.) Size: 69.622 ± acres Present Zoning: RC (Recreational and Commercial Zone), C-4 (Highway Commercial Zone), SC-1 (Shopping Center Development Zone) Proposed Zoning: RC (Recreational and Commercial Zone) Present Use: Vacant Comprehensive Plan Designation: Commercial Proposed Use: Future Expansion File Number: Z-06-11

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At its meeting on August 21, 2006, the Planning Commission unanimously recommended approval of the proposed zoning change. The amendment is being requested by Dover Downs, Inc. The proposed rezoning would clean up split zoning on a parcel owned by Dover Downs, Inc. The subject parcel is depicted on the Land Development Plan map as Commercial. The applicant is requesting RC (Recreational and Commercial) zoning, with the intent to use the remainder of the parcel for future expansion. Existing Property The subject parcel is the location of the Dover Downs Hotel and Casino. The portions for which the rezoning is requested are vacant. Surrounding Land Uses: The subject parcel is surrounded by commercial properties. The portion of the property proposed for rezoning adjacent to commercial lands that are zoned C-4 (Highway Commercial Zone) and SC-1 (Shopping Center Development Zone), and in proximity to lands zoned SC-2 (Shopping Center Development Zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update, the Land Development Plan recommends that this property be used for Commercial uses. Request for RC (Recreational and Commercial Zoning) The types of permitted uses in the RC (Recreational and Commercial Zone) are outlined in Article 3 §18. Section 18. Recreational and commercial zone (RC). 18.1 Uses permitted. No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: 18.11 Public and private parks and playgrounds. 18.12 Athletic fields. 18.13 Baseball, football or boxing stadiums and arenas. 18.14 Public and private swimming pools and clubs. 18.15 Miniature golf courses and pitch and putt golf courses. 18.16 Golf or baseball driving ranges. 18.17 Golf courses and country clubs. 18.18 Commercial and recreational establishments, including dancehalls, skating rinks, bowling alleys and other similar indoor recreational uses, but excluding penny arcades and shooting galleries. 18.19 Circuses, carnivals and fairs, provided that no part of the activity area of such use shall be within 500 feet of a residential zone. 18.110 [18.20] Hotels, motels and restaurants. 18.111 [18.21] In addition, the following may be permitted as conditional uses under article 10, section 1 of this ordinance: (a) Outdoor and drive-in theaters, provided that adequate screening is installed to shield all adjacent properties and public streets and alleys from the glare of lights from the parking areas. (b) Auto, horse and motorcycle racetracks. (c) Airports and facilities incident to aviation.

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Z-06-11 Lands of Dover Downs, Inc. Report to City Council Page 3 (d) Livery stables and riding academies, provided that the corrals shall be at least 200 feet from any dwelling, school, church, eating place and intermittent or running, natural or artificial watercourses. Recommendation of the Planning Staff: The subject parcel is surrounded by commercial uses, and more specifically, by Dover Downs, Inc. and Dover International Speedway, Inc. operations. From a long-term planning perspective, it makes sense to clean up the zoning in this area and bring it in line with the balance of the Dover Downs, Inc. land in this area. Making the proposed change would allow for Dover Downs, Inc. to plan for the long-term space needs. Staff recommends that the Planning Commission forward a recommendation to City Council to approve the request for rezoning of the property to RC (Recreational and Commercial Zone). The staff recommendation was made prior to the public hearing on August 21, 2006. Following the public hearing, Planning Commission unanimously supported the staff recommendation and recommended approval of the rezoning application.

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City of Dover Application No.: Z-06-11 Department of Planning & Inspections IO SC-3 C-4 RC RC C-4 R-20 R-8 R-10 RC R-10 DU C-4 PO NE NT LA AZA HI SC-1 OL P L G HIO W EI P AY DL SIC C-4 R-10 SITE RO AD IO SC-2 C-4 R-8 AD COLLE RO GE SQ LE UA SC-2 IP SI RE DU C CO PO LL IO EG E ROA D N T IO AY T W RE E GH ST C-4 HI ATE R-20 ST CPO R-20 C-4 IO IO CPO RG-1 C-4 R-20 R-8 C-4 Plan Title: Lands of Dover Downs Inc. Plan Type: Rezoning Tax Parcels:ED-05-057.00-01-31.01-000 and ED-05-057.00-01-31.00-000 Site Area: 4.505 AC Owner: Dover Downs Inc. Current Zoning: C-4 and SC-1 Proposed Zoning: RC Date: 8-7-06 0 215 430 « 860 Feet

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EXHIBIT #6 Regular Council Meeting of 9/11/2006 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council September 11, 2006 Applicants/Owners: Dover International Speedway, Inc. PO Box 843 Dover, DE 19903 Location: East of U.S. Route 13, adjacent to Dover International Speedway Property Addresses: Old Leipsic Road and Plaza Drive Dover, DE 19901 Tax Parcel ID #: part of ED-05-057.00-01-32.01-000 (Areas were previously identified as ED-05-057.00-01-14.01-000, ED-05-057.00-01- 35.00-000, and ED-05-068.05-01-08.00-000.) Size: 152.491 ± acres Present Zoning: RC (Recreational and Commercial Zone), C-4 (Highway Commercial Zone), A (Agriculture Zone), R-8 (One-Family Residence Zone) Proposed Zoning: RC (Recreational and Commercial Zone) Present Use: Vacant Comprehensive Plan Designation: Commercial Proposed Use: Race Day Improvements File Number: Z-06-10

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At its meeting on August 21, 2006, the Planning Commission unanimously recommended approval of the proposed zoning change. The amendment is being requested by Dover International Speedway, Inc. The proposed rezoning would clean up split zoning on a parcel owned by Dover International Speedway, Inc. The subject parcel is depicted on the Land Development Plan map as Commercial. The applicant is requesting RC (Recreational and Commercial Zone) zoning with the intent to incorporate the parcels into the Race Day operations. Existing Property The subject parcel is the location of the Dover International Speedway. The portions for which the rezoning is requested are vacant. Surrounding Land Uses: The subject parcel is surrounded primarily by commercial properties. The portion of the parcel that is currently zoned A (Agriculture Zone) is bounded on the west by the Dover Mall, zoned SC-3 (Regional Shopping Center Development Zone). The portion along U.S. Route 13 is adjacent to commercial lands that are zoned C-4 (Highway Commercial Zone) and SC-2 (Community Shopping Center Development Zone). Comprehensive Plan: In the 2003 Comprehensive Plan Update, the Land Development Plan recommends that this property be used for Commercial uses. Request for RC (Recreational and Commercial Zoning) The types of permitted uses in the RC (Recreational and Commercial Zone) are outlined in Article 3 §18. Section 18. Recreational and Commercial Zone (RC). 18.1 Uses permitted. No building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: 18.11 Public and private parks and playgrounds. 18.12 Athletic fields. 18.13 Baseball, football or boxing stadiums and arenas. 18.14 Public and private swimming pools and clubs. 18.15 Miniature golf courses and pitch and putt golf courses. 18.16 Golf or baseball driving ranges. 18.17 Golf courses and country clubs. 18.18 Commercial and recreational establishments, including dancehalls, skating rinks, bowling alleys and other similar indoor recreational uses, but excluding penny arcades and shooting galleries. 18.19 Circuses, carnivals and fairs, provided that no part of the activity area of such use shall be within 500 feet of a residential zone. 18.110 [18.20] Hotels, motels and restaurants. 18.111 [18.21] In addition, the following may be permitted as conditional uses under article 10, section 1 of this ordinance: (a) Outdoor and drive-in theaters, provided that adequate screening is installed to shield all adjacent properties and public streets and alleys from the glare of lights from the parking areas.

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Z-06-10 Lands of Dover International Speedway Inc. Report to City Council Page 3 (b) Auto, horse and motorcycle racetracks. (c) Airports and facilities incident to aviation. (d) Livery stables and riding academies, provided that the corrals shall be at least 200 feet from any dwelling, school, church, eating place and intermittent or running, natural or artificial watercourses. Recommendation of the Planning Staff: The subject parcels are largely surrounded by commercial uses, and more specifically, by Dover International Speedway, Inc. operations. From a long-term planning perspective, it makes sense to clean up the zoning in this area and bring it in line with the balance of the Dover International Speedway, Inc. land in this area. Making the proposed change would allow for Dover International Speedway, Inc. to plan for the long-term and integrate these parcels into its Race Day operations. Staff recommends that the Planning Commission forward a recommendation to City Council to approve the request for rezoning of the property to RC (Recreational and Commercial Zone). The staff recommendation was made prior to the public hearing on August 21, 2006. Following the public hearing, Planning Commission unanimously supported the staff recommendation and recommended approval of the rezoning application.

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City of Dover Application No.: Z-06-10 Department of Planning & Inspections A A RC SC-3 IO C-4 RC MHP IO MHP RC R-20 C-4 MHP RC R-10 C-4 R-10 PLAZA DU LA PO NE SITE OL NT SC-1 HI EI P G DL HW AY C-4 SIC R-10 AD RO IO SC-2 AD R-8 RO COLLEG C-4 E DU LE SQ IP UA PO SC-2 SIC CPO RE NT CO AD IO H IG L L EG E R O H IO EE C-4 AY ST R R-20 W ATE ST R-8 RG-2 RG-1 C-4 T C-4 Plan Title: Lands of Dover International Speedway Inc. Plan Type: Rezoning Tax Parcels:ED-05-057.00-01-32.01-000. ED-05-057.00-01-14.01-000, ED-05-057.00-01-35.00-000 and ED-05-068.05-01-08.00-000 Site Area: 152.491 AC Owner: Dover International Speedway Inc. Current Zoning: RC, A. C-4, and R-8 Proposed Zoning: RC Date: 8-7-06 0 250 500 « 1,000 Feet

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EXHIBIT #7 Regular Council Meeting of 9/11/2006 Text depicted with strikeout will be omitted. Text depicted with bold italic is proposed. 3-34. Overhead Single Phase Extensions a. Residential. For a Residential Customer the City will install, own and maintain at its expense, a line extension either on or along public right-of-way, on a right-of-way on private property, or on Customer's private property for up to 300’ for each service extension. Service extensions over 300’ will require a fee of 50% 100% of the cost over 300’, not to exceed $200. b. Commercial and Primary. For a commercial or primary customer, extensions will be made on or along public right-of- way. On a right-of-way on private property, extensions will be made only to service more than one customer. Such extensions will be made and a fee of 50% 100% of the cost of installation will be required. c. Extension on Customer's Property. The City will install, own and maintain at its expense an extension on private property for the use of a residential customer for up to 300’ of each service extension. Service extension over 300’ will require a fee of 50% 100% of the cost of the installation. 3-35. Overhead Three Phase Extensions a. Commercial and Primary. For a Commercial or Primary Customer extensions will be made on or along public right-of- way. On a right-of-way on private property extensions will be made only to serve more than one customer. Such extensions will be made and a fee of 50% 100% of the cost of the installation will be required. Extensions on private property to serve a single Commercial or Primary Customer will be installed, owned and maintained by the Customer. 3-36. Underground Extensions a. Residential. The City will install underground extensions of primary, secondary and services (subject to Rules and Regulations of Underground Services) to serve customers in new developments. The developer will be required to install, at its expense, conduits, equipment and pads as designed by the City’s Engineering Department. In addition, a fee of $250 $850 per platted lot is required. The City will examine request for underground extensions individually in areas other than those planned initially for underground. b. Commercial and Industrial. The City will install underground extensions on or along public right-of-way or on a right-of- way on private property to serve more than one customer only in areas where the existing distribution system is underground or an underground system is planned. The developer will be required to install, at their expense, conduits and equipment pad as designed by the City’s Engineering Department. In addition, a fee of $250 $850 per platted lot is required. In a planned underground distribution area, the City's extension will include all facilities which are used to supply more than one customer and may involve installation and ownership of facilities on the Customer's premises where looped circuits and switching area used. Extensions of private property to service a single Commercial or Industrial Customer will be installed, owned and maintained by the Customer.

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EXHIBIT #8 Regular Council Meeting of 9/11/2006

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