Ord 2022-020/Annexing into the City Approximately 1.11 Acres of Land located at 1850 Old Ranch Rd. 12. Case AN 22-04

Home Browse Search

1.07 Utilities A. Owner shall connect to the City's waste water infrastructure when available to the Property. Owner is currently served by an existing OSSF permitted by Hays County. Owner has submitted engineering plans requested by City of San Marcos for location, depth and alignment for extending sanitary sewer line to property. Owner reserves the right to use existing septic system until City of San Marcos offsite wastewater main is complete and accepted for service by the City. At that time, the Owner will transfer wastewater service to central system. Existing OSSF system will be abandoned per TCEQ once all services are transferred to the City system. B. The City currently provides water service. C. City of San Marcos Electric Utility currently provides electrical service. 1.08 Annexation A. The owner shall request annexation prior to approval of a Final Subdivision Plat. The City shall annex the property prior to issuance of a Certificate of Occupancy. SECTION 2: MISCELLANEOUS PROVISIONS 2.01 Term The term of this Agreement will commence on the Effective Date and continue for fifteen (15) years thereafter ("Initial Term"), unless sooner terminated under this Agreement. After the Initial Term, the Agreement shall be automatically renewed for two successive fifteen (15) year periods. This Agreement may be terminated before the expiration of any renewal period, however, if the Owner submits a written request to the City to allow uses other than self -storage facility or office under section 1.04(A), and the City approves such request. If the City approves the request, then this Agreement shall automatically terminate upon such approval. 2.02 Enforcement and Default and Remedies for Default A. The Parties agree that the City shall be entitled to enforce the SMDC as the SMDC exists on the Effective Date of this Agreement, as modified by permits issued pursuant to this Agreement. If either Party defaults in its obligations under this Agreement, the other Party must, prior to exercising a remedy available to that Party due to the default, give written notice to the defaulting Party, specifying the nature of the alleged default and the manner in which it can be satisfactorily cured, and extend to the defaulting Party at least thirty (30) days from receipt of the notice to cure the default. If the nature of the default is such that it cannot reasonably be cured within the thirty (30) day period, the commencement of the cure within the thirty (30) day period and the diligent prosecution of the cure to completion will be deemed a cure within the cure period. The City may issue Stop Work Orders for violations arising under this Agreement or the City of San Marcos Code of Ordinances, as applicable.