Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos

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ARTICLE XIX FIRE EMS AND POLICE SERVICES Section 19.01 Fire & EMS, and Police Services. Primary Owner hereby agrees that adequate Fire, EMS Services and Police Services shall be provided for each Sub -District within Cotton Center until the time of annexation. Proof of Adequate Service (defined below) shall be secured and provided to the City prior to Final Plat approval for each Sub -District within Cotton Center. Adequate Service shall mean the following: a. With respect to Fire and EMS: i. Fire and EMS service shall be available for each Sub -District at levels of service generally applicable to other ESD(s); ii. Primary Owner shall have met any then applicable requirements of Section 5.03 of this Agreement; iii. At such time as each Sub -District is created, the applicable Sub -District and the City will enter into a Memorandum of Agreement, whereby the applicable Sub -District will agree to reimburse the City for all Fire and EMS Incidents ("Incidents" shall mean fire and EMS incidents that the City responds to within the applicable Sub -District in Cotton Center) that the City responds to. The cost for each Incident shall be in accordance with FEMA's Schedule of Equipment Rates in effect at the time the Incidents are responded to. Provided, however, the obligation to reimburse under any such Memorandum of Agreement will not take effect until the three -hundred -and -fifty-first (351St) Lot in the first Sub -District in Cotton Center is Final Platted. (i) The City shall have the ability to withhold the Preliminary Subdivision Plat for any lot exceeding the three -hundred -and -fiftieth (350th) lot in a Sub - District in Cotton Center, if the applicable Sub -District and the City have not entered into the aforementioned Memorandum of Agreement. (ii) The City shall also have the ability to withhold the Preliminary Subdivision Plat and Final Plat for any lot exceeding the three -hundred -and -fiftieth (350th) lot in a Sub -District in Cotton Center, if the applicable Sub -District is not in compliance with any terms of the Memorandum of Agreement. b. With respect to Police: i. At such time as the three -hundred -and -fiftieth (350th) lot in Cotton Center is Final Platted, the Primary Owner, the City Police Chief, the County Sheriff, and the applicable Sub-District(s) shall meet to assess the adequacy of police service expected to be provided to Cotton Center ("Police Service Meeting 1"):