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<br />EXHIBIT BAn
<br />Page 4 of 4
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<br />pursuant to art. 1175, V.A.T.S., and similar prov1s10ns, subject to
<br />the jurisdiction of other governmental entities. Additional roads,
<br />streets or related facilities are not necessary at this time to
<br />serve the Tract. Future extensions of roads or streets and future
<br />installation of related facilities such as traffic control devices
<br />or street lights will be governed by standard policies and
<br />procedures. The Tract will be included with other territory in
<br />connection with planning for new, revised, widened or enlarged
<br />roads, streets or related facilities.
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<br />6. Parks, Playgrounds and Swimming Pools. These services
<br />can be provided by using existing capital improvements. Additional
<br />capital improvements are not necessary at this time to provide such
<br />services to the Tract. However, the Tract will be included with
<br />other territory in connection with planning for new, revised or
<br />expanded parks, playgrounds and swimming pools.
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<br />7. Other Publicly Owned Facilities, Buildings or Services1
<br />Additional Services. In general, other City functions and services,
<br />and the additional services described above, can be provided for the
<br />Tract by using existing capital improvements. However, those
<br />drainage facilities (including any under construction) owned by
<br />Bayshore Municipal Utility District will be acquired by the City.
<br />Additional capital improvements are not presently necessary.
<br />However, the Tract will be included with other territory in
<br />connection with planning for new, revised or expanded facilities,
<br />functions and services, including the additional services described
<br />above.
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<br />IV. AMENDMENT, GOVERNING LAW
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<br />This Plan may not be amended or repealed except as provided by
<br />the Code or other controlling law. Neither changes in the methods
<br />or means of implementing any part of the service programs nor
<br />changes in the responsibilities of the various departments of the
<br />City shall constitute amendments to this Plan, and the City reserves
<br />the right to make such changes. This Plan is subject to, and shall
<br />be interpreted in accordance with the Code, the Constitution and
<br />laws of the United States of America and the State of Texas, and the
<br />orders, rules and regulations of governmental bodies and officers
<br />having jurisdiction.
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<br />V. FORCE MAJEURE
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<br />Should a force majeure interrupt the services described herein,
<br />the City shall resume services under this Plan within a reasonable
<br />time after the cessation of the force majeure. nForce majeuren, for
<br />the purposes of this Plan, shall include, but not be limited to,
<br />acts of God, acts of the public enemy, war, blockade, insurrection,
<br />riots, epidemics, landslides, lightning, earthquakes, fires, storms,
<br />floods, washouts, droughts, tornadoes, hurricanes, arrests and
<br />restraints of government, explosions, collisions and any other
<br />inability of the City, whether similar to those enumerated or
<br />otherwise, which is not within control of the City.
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<br />VI. ENTIRE PLAN
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<br />This document contains the entire and integrated service plan
<br />relating to the Tract and supercedes all other negotiations,
<br />representations, plans and agreements, whether written or oral.
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