Res 1985-104 - Laserfiche WebLink

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-2- in Exhibit "A" shall be controlling in the resolution of any disagreement concerning the ownership of wells, mains, lines, storage facilities and other equipment, after the time of transfer, and Exhibit "A" shall serve as a guideline should the following circumstances arise: Should the parties hereto fail to agree upon which improvements are part of Maxwell's permanent system or which proposed improvements and/or facilities, if any, shall be part of Maxwell's permanent system, then all parties agree to submit to arbitration in accordance with the provisions of the Texas Arbitration Act, for a resolution and determination of any such disagreement. However, selection of the arbitrator shall be made through an arbitration service, or by any method agreed upon by the parties. Any such disagreement shall be submitted to arbitration within fifteen (15) days of said notification. However, in no case shall a decision be made that would transfer, to the City of San Marcos, wells, equipment, or a transmission main used for the purpose of transmitting water produced from the wells of Maxwell -to the Maxwell system. 5. From the date of annexation, within a two (2) year period, except as herein provided, transfer to City the ownership of easements, mains, valves, hydrants, pumps, water lines, water storage facilities, meters, connections, and related improvements and equipment pertaining to commercial, industrial and/or residential developments, exclusive of items listed on Exhibit "A". Maxwell shall provide the City at no cost all necessary licenses, easements, rights of entry and any other interests and privileges within Maxwell's possession or control, necessary for the City to connect to the facilities to be transferred. For a period not to exceed two ( 2) years, from annexation, Maxwell shall continue to provide service to Maxwell's existing customers within the annexed area until the City's facilities are able to assume service to those customers. If the City is not prepared to assume service to and accept transfer of the subject area after said two (2) years, the parties shall negotiate a separate contract to serve the areas in question. 6. Cooperate with the City on the maintenance of the lines of the Maxwell system to be transferred during the notice period. 7. Permit the City to collect revenues at any time from customers within the annexed area, whom the City adds to its own system. 8. From the date of annexation, permit the City to extend service of its system at any time to the areas which are to be transferred under this agreement. City shall collect revenues from any and all customers to whom such service is so extended as provided herein. 9. Permit the City to assess and collect, from date of annexation of the subject area, a capital recovery fee from all customers for whom new hookups are provided in the subject area. Said fee shall be in the amount of the City's curren-t fee on the date of such hookup. Said fee shall be in addition to whatever fees Maxwell may charge for new hookups. A notification procedure will be established at the time of annexation to ensure that Maxwell will notify the City of requested services and the City will notify Maxwell when fees have been paid. 10. Cooperate with the City's efforts to comply with any Public Utility Commission of Texas rules and regulations during the course of accomplishing the subject transfer.