Ord 1985-117 - Laserfiche WebLink

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Marcos Municipal Utility District No. 2 or the City may pay fair market value for addi tional well si tes at addi tional locations. B. The District shall operate and maintain the public parks and recreational facilities located within the District to the extent permitted by law; provided, however, that in the event it is ever determined by a court of competent jurisdiction that the District is legally incapable of operating and maintaining such facilities, the City may accept the public parks and recreational facilities located within the District for operation and maintenance if an acceptable agreement is reached. In the event an agreement is not reached, Storm Development shall operate and maintain the parks and/or facilities or, if the District may lawfully reconvey the public parks and recreational facilities to Storm Development and should there be a homeowners' association which has or will obtain adequate funds to operate and maintain the same, Storm Development may convey the parks and facilities to a homeowners' association which shall operate and maintain them. Upon annexation and dissolution of the District by the City and with the City's consent, the public parkland owned by the Di strict shall be conveyed to the Ci ty. C. The District shall fi le wi th the City Secretary a copy of its annual audit when such audit is submitted to the Texas Water Commission, and a copy of its proposed budget for the following year showing expenses, income and revenue sources. D. Storm Development or the District, as appropriate, and the City will agree on a method available under general law or, as applicable, under authority of the Interlocal Cooperation Act, Article 4413 (32c), V.T.C.S., to provide solid waste collection and disposal services for the District through the City's existing regional solid waste program. The City shall establish fees for services from such system which are equal to the City's basic fee established by ordinance for the City's solid waste collection and disposal system. The City shall also collect a surcharge equal to .17 times the City's basic fee which shall be placed in an escrow account for the benefit of the District. Such surcharge shall be collected so long as in-city customers also pay such surcharge. The City shall use said fees placed in the escrow account and interest thereon to assist the City in purchasing or acquiring a landfill or solid waste transfer site to serve both the City and the District. The money shall not be used for any other purpose unless the parties hereto agree otherwise. ARTICLE V AREA OF AND LIMITATIONS ON SERVICE Unless the prior approval of the City Council of the City is obtained, the District shall not annex any additional lands to the District or provide out-of-district service to any additional lands. ARTICLE VI ANNEXATION BY CITY A. The parties hereto acknowledge and agree that the land comprising the District lies within the ETJ of the City and is not bordered by another city, town, or village. The parties further acknowledge that the creation of the District pursuant to this Agreement, and the City's consent thereto, are for the purposes and in the interest of sound planning and resource management and will promote orderly developmènt of services to the property comprising the District, while at the same time furthering regionalization of municipal services and achieving the economies and efficiencies inherent in regionalization of such services. A:SMMUD1.3-8 (1/22/86)