Ord 1985-117 - Laserfiche WebLink

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whichever occurs first, unless the City and the District agree otherwise. (5) At the City's option, following the dissolution of the District, the City may continue to charge and collect additional rates or surcharges for water and/or sewer services for the purpose of wholly or partially compensating the City for the assumption of the obligations of the District, as specified in Paragraphs C and D, above. ARTICLE VII OBLIGATIONS AFTER ANNEXATION Except as otherwise provided herein, when the land within the District is annexed to the City and the District is dissolved, Storm Development and the District shall not incur any further contractual obligations and responsibilities pursuant to this Agreement; provided, however, that any such obligations or responsibilities which may have been incurred prior to annexation shall not be affected by annexation or dissolution. ARTICLE VI I I LAND AND EASEMENT COSTS Easements and rights-of-way needed for the internal water and wastewater systems of the District shall be dedicated to the District by Storm Development, its successors or assigns. The District may acquire land from Storm Development in accordance with the rules of the Texas Water Commission. It is understood r¡nd agreed by the parties that the acquisition of land, easements, and rights-of-way outside of the District which are required by the City for implementation of the Service Plan, for both water and wastewater regional facilities, shall be the responsibility of the City. Storm Development shall reimburse the City for Storm Development's pro-rata share of the cost of acquisition of such land, easements and rights-of-way used for regional facilities based upon the percentage of capacity in the regional facilities required to serve the District. Land, easements, and rights-of-way outside the District needed by the District for other than regional facilities shall be acquired by the District in accordance with the usual and customary public purchasing standards and procedures applicable to the District. ARTICLE IX LAND USE AND DEVELOPMENT A. Storm Development, its successors and assigns, shall develop and maintain the land within the District in accordance with the land plan attached hereto as Exhibit "E" and incorporated herein by reference, including all notations thereon, as the same may be amended from time to time with the concurrence of a majority of the members of the Planning Commission and/or City Council of the City, whichever is applicable, and Storm Development, its successors and assigns (the "Land Plan"); provided, howeve r, any transfers of densities and land uses at or below the maximum level of living unit equivalents agreed under this Agreement shall be allowed, provided that said transfers are in conformance with the City's master plan, subdivision ordinance, and landscape ordinance so long as such ordinances do not result in a lessening of allowable density. B. All subdivision plats of the property shall be consistent with the Land Plan, which shall be updated as each section of the property is platted. Development of land within the District shall be subject to compliance with all existing development ordinances of the City including, but not limited to, all land use ordinances, the Landscape Ordinance, Zoning Ordinance, Interim Drainage and Erosion Control Ordinance, and A: SMMUD1. 3-12 (1/22/86)