HomeMy WebLinkAboutResolution - 2022-R0184 - Terminating Chapter 212 Agreement - 5 acres of Section 24 Block E-2Resolution No. 2022-R0184
Item No. 8.15
April 12, 2022
RESOLUTION
WHEREAS, in early 2016, the City Council of the City of Lubbock (the "City Council")
instituted annexation proceedings on approximately 2,394 acres of primarily undeveloped
land adjacent to the city limits of the City of Lubbock, located between one-half mile east
of CR 2200 (University Avenue) and approximately CR 1700 (Milwaukee Avenue), from
the existing city limits to approximately 660 feet south of CR 7500; and
WHEREAS, pursuant to Chapter 43 of the Texas Local Government Code, the City
Council held public hearings regarding the proposed annexation on March 8, 2016 and
March 10, 2016; and
WHEREAS, the City presented a service plan for the area proposed to be annexed at the
public hearings, and property owners from the proposed area to be annexed that were
present at the public hearings were given the opportunity to be heard by the City Council;
and
WHEREAS, the City offered a Development Agreement in Lieu of Annexation under
Chapter 212.172 of the Texas Local Government Code to any property owner within the
area proposed to be annexed that was interested in having their property exempted from
annexation for a term of years (a "Chapter 212 Agreement"), with such Chapter 212
Agreement containing nearly identical terms as a Chapter 43 Agreement; and
WHEREAS, the property exempted from annexation under a Chapter 212 Agreement
retains its extraterritorial status unless the City Council determines that the property owner
violated the terms of the agreement or unless the property owner voluntarily terminates the
agreement; and
WHEREAS, the City Council desires to terminate the Chapter 212 Agreement, attached
and incorporated herein, due to the property owner of record, Canyon Rock Development,
LLC, requests to voluntary terminate the agreement; and
WHEREAS, the City Council desires to initiate an annexation proceeding on the property
associated with the terminated Chapter 212 Agreement; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
Section 1. THAT the City Council finds and declares that the Chapter 212 Agreement
attached to this Resolution as "Exhibit A" that exempts from annexation the property
located south of 122"d Street and east of Frankford Avenue, containing approximately 5
acres out of Section 24, Block E-2, Lubbock County, Texas and identified by the Lubbock
Central Appraisal District reference numbers R68662 and R317247, is hereby terminated
and the exemption from annexation provided by the agreement is hereby removed from the
property; and
Section 2. THAT the City Council hereby authorizes and directs City staff to begin
drafting, preparing, and assembling the necessary documentation required for the
annexation of the properties described in "Exhibit A", including, but not limited to, an
annexation service plan.
Passed by the City Council on April 12, 2022
DANIEL M. POPE, MAYOR
Rebe a Garza, City Secr ary
APPROVED AS TO CONTENT:
BryIsh �'c Planning
APPROVED AS TO FORM:
Vil- �, ap,
K
elli Leisure, Assistant City Attorney
RES. Adoption - Ch. 212 Agreement Termination & Service Plan Preparation -- R68662 and R317247
3.11.22
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Resolution No. 2016-RO158
Item No. 7.10
April 28.2016
RESOLUTION
WHEREAS, the City Council by Resolution No. 2016-ROO26 on January 14, 2016
directed city staff to prepare a survey and a service plan and to draft development agreements for
property owners in reference to a proposed annexation: and
WHEREAS, the proposed area subject to annexation was generally described as 2.394
acres located between one-half mile cast of CR 2200 (University Avenue) and approximately CR
1700 (Milwaukee Avenue). from the existing southern city limits to approximately 660 feet
south of CR 7500 (the "proposed annexed area*); and
WHEREAS, notice was sent to the property owners in the proposed annex area, as
required by Chapter 43 of the Texas Local Government Code, and two public hearings were
conducted by the City Council on March 8 and March 10. 2016 all pursuant to state law; and
WHEREAS, the City Council received input and comment from affected property owners
at each public hearing; and
WHEREAS. the City of Lubbock on or about March 3. 2016 mailed. by certified mail
return receipt requested, an offer to make a development agreement to each property owner of
agriculturally exempt property in the proposed annexed area as required by Section 43.035 of the
Texas Local Government Code; and
WHEREAS, the City Council finds that each property owner of agriculturally exempt
property as determined by the Lubbock Central Appraisal District has been offered an agreement
pursuant to Section 43.035 of the Texas Local Government Code and that each owner has either
accepted the offer or has rejected the offer: and
WHEREAS, on March 28, 2016. the City Council by Resolution No. 2016-RO122
authorized the City Manager and staff to offer agreements in lieu of annexation as allowed under
Section 212.172 of the Texas Local Government Code to all eligible property owners in the
proposed annexed area for a twernty (20) year term: and
WHEREAS, such an agreement is effective only if the area that is the subject of the
agreement is affirmatively annexed by the City Council, and
WHEREAS, the City Council finds it to be in the public interest to authorize the Mayor
to execute said agreements if the City Council affirmatively votes to annex an area that contains
the property subject to the agreement; NOW THEREFORE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock each agreement. attached hereto as Exhibit **A-, pursuant
to Section 212.172 or Section 43.035 of the Texas Local Government Code, as an agreement in
lieu of annexation, conditioned upon the affirmative vote of the City Council to annex an area in
which the property subject to said agreement is included.
Passed by the City Council on April 28, 2016
- ZA01
GLLINI C. ROBERTSON, MAYOR
ATTEST:
Re ecca Garza, Citj S ret
7
APPROVED AS TO CONTENT:
ames Loomi"ity Manager
APPROVED S TO FORM:
Chad Weaver, City Attorney
ccdocs/RES. Annexation -Development Agreement
CITY OF LUBBOCK nJ6017817 iZ M Acts
OFFICE PICK UP mill IRA 91 0111JAMANM r
MAN i h 11111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
CITY OF LUBBOCK
CH. 212 DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT GREEME T IN LIEU OF ANNEXATION (the "Agreement") is
made and effective this day of , 7016, and is entered into pursuant to §717.177 of
the Texas Local Government Code, by between the City of Lubbock, Texas, a Texas home rule
municipal corporation (the "City'% and the undersigned property owner(s) (the "Owner"), with the
term "Owner" including all owners of the Property, and is as follows:
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County, Texas,
which is more particularly and separately described in the attached Exhibit A; and
WHEREAS, the City has instituted annexation proceedings for all portions of the Property and held
public hearings regarding the proposed annexation on March 8 and March 10, 2016; and
WHEREAS, at the public hearings, the Owner was presented with a service plan for the Property and
the Owner was given the opportunity to be heard by the City Council of the City of Lubbock, and
WHEREAS, the Owner does not want the Property to be annexed and desires to have the Property
remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter
into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is being
used at the time of this Agreement; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and
the Owner and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County, Texas;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Owner and the City agree as follows:
AGREEMENT
Section 1 — The Property: Current Status. The City acknowledges that the Property, more
particularly described in the attached "Exhibit A," is located within the extraterritorial jurisdiction of
the City and is subject to annexation by the City unless this Agreement is signed by the Owner.
Section 2 — The Property: Continued Status. In lieu of annexation, the Owner desires that the
Property remain in the extraterritorial jurisdiction of the City for the duration of this Agreement. The
Ch. 212 Development Agreement In lieu Of Annexation -1 j P a p e
Owner acknowledges that unless the Property is annexed by the City, the Property is not eligible to
receive City services, the Property shall not be included in the City's voting precincts, and the Property
shall be immune from City property taxes for the duration of this Agreement. The Owner's use of the
Property at the time of this Agreement is "grandfathered" into the acceptable uses of the City, and the
City is prohibited from interfering with any uses on the Property that comply with §43.002 of the
Texas Local Government Code. The Owner acknowledges that Section 22.03.091(a) of the Code of
Ordinances of the City prohibits the City from providing water to any entity outside of the city limits,
and acknowledges that the City will not be providing water to the Property unless the Property is
annexed into the City. However, if the Property is annexed pursuant to a provision of this Agreement,
then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local
Government Code.
Subject to the provisions of this Agreement, the City shall not annex the Property, shall not
involuntarily institute proceedings to annex the Property, and shall not include the Property in a
statutory annexation plan. The Owner authorizes the enforcement by the City of all of the City's
regulations and planning authority that do not materially interfere with the use of the Property in the
same manner that the City's regulations and planning authority are enforced within the City's
boundaries. The City specifically reserves its authority pursuant to Chapter 251 of the Texas Local
Government Code to exercise eminent domain over property that is subject to a §212.172 development
agreement. The City further reserves its regulatory and planning authority in the City's ETJ, as such
authority has been granted to it by the City Council.
Section 3 — The Property: Change In Status. The Owner agrees not to substantially change the use
of the Property as it is used on the date of the execution of this Agreement. The Owner agrees not to
develop the Property by filing any type of subdivision plat or related development document for the
Property with Lubbock County or the City throughout the duration of this Agreement.
The Owner acknowledges that if any plat or related development document is filed for the Property,
or if the Owner commences any development of the Property other than that which supports the use
of the Property as the Property is used on the date of the execution of this Agreement, then this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the
discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the
Owner hereby consents to such annexation as though a petition for such annexation had been tendered
by the Owner.
If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Local Government Code §43.052, requiring a municipality to
use certain statutory procedures under an annexation plan, and as an exception to Local Government
Code §43.062 requiring certain statutory procedures as to the Owner to effectuate an annexation.
Further, the Owner hereby waives any and all vested rights and claims that it may have under
§43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by
virtue of any plat or construction the Owner may initiate during the time between the expiration of
this Agreement and the institution of annexation proceedings by the City.
Section 4 — The Term. The term of this Agreement (the "Term") shall be twenty (20) years from the
date that this Agreement is approved by the City Council of the City of Lubbock. At the end of the
Term, the Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed
Ch. 212 Development Agreement In Lieu Of Annexation - 2 1 P .� E
a petition for voluntary annexation of the Property, and the Property will be subject to voluntary
annexation in accordance with Section 3 of this Agreement. Prior to the end of the Term, the City may
commence the voluntary annexation of the Property.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall terminate
upon the filing of any plat or related development document with the City or with Lubbock County or
upon the Owner's failure to prove that it is the sole owner of the Property with the authority to sign
this Agreement. The Owner and the City may agree in writing to terminate this Agreement prior to
the expiration of the Term of this Agreement.
Section 6 — City Council Approval Required. If the City Council of the City of Lubbock does not
affirmatively vote to annex an area that contains the Property, then this Agreement will be null and
void in its entirety.
Section 7 — Notifleation. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee,
and shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any change
in the status of the Property.
A copy of any notice required by this section shall be forwarded to the City at the following address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Planning
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
This Agreement shall run with the Property and be recorded in the real property records of Lubbock
County, Texas.
Section 8 — Waiver. Any failure by the Owner or the City to insist upon strict performance by either
party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Owner
or the City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Owner or the City waiving such provision. Any waiver shall be limited to
the specific purposes for which it is given. No waiver by the Owner or the City of any provision of
this Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is in
any way intended to constitute a waiver by any Party of any immunity from suit or liability that it may
have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership. The Owner hereby expressly affirms that it is the sole owner
of the Property and that no other person or entity has a valid claim to any right, title, or ownership in
the Property. Should any dispute of right, title, or ownership concerning the Property arise subsequent
to the Owner's execution of this Agreement, the Owner hereby agrees to be solely responsible for
defending and confirming its absolute right, title, and ownership to the Property. If the Owner cannot
Ch. 212 Development Agreement In Lieu Of Annexation - 3 1 P a g e
defend or fails to defend its right, title, and ownership to the Property, then this Agreement shall
terminate.
Section 10 — Governing Law. This Agreement is entered into under and pursuant to, and is to be
construed and enforceable in accordance with, the laws of the State of Texas, and all obligations of
the Owner and the City are performable in Lubbock County, Texas. Venue for any action to enforce
or construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and regulations
of any local, state, or federal governmental authority, having or asserting jurisdiction. However,
nothing contained in this Agreement shall be construed as a waiver by the Owner or the City of any
right to question or contest any law, order, rule, or regulation which may affect the terms and
conditions of this Agreement in any forum having jurisdiction, and the Owner and the City each agree
to make a good faith effort to support all proposed laws and regulations which would be consistent
with the performance of this Agreement in accordance with its terms. No subsequent change in the
law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex
the Property pursuant to this Agreement.
Section I I — Remedy. The City reserves the right to exercise any right or remedy available to it by
law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall control.
Section 12 — Public Information. This Agreement is public information. To the extent, if any, that
any provision of this Agreement is in conflict with the Texas Public Information Act (Tex. Gov't.
Code Ann. Chapter 552 et seq., as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries. This Agreement only inures to the benefit of, and may only
be enforced by, the Owner and the City. No other person or entity shall have any right, title, or interest
under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture. Nothing in this Agreement is construed as
creating any personal Iiability on the part of any employee, officer or agent of any public body that
may be a party to this Agreement. This Agreement is not intended to, and shall not be construed to,
create any joint enterprise between or among the parties.
Section 15 — Due Diligence & Force Majeure. The Owner and the City shall use good faith, due
diligence, and reasonable care in the performance of the obligations under this Agreement, and time
shall be of the essence in such performance. In the event that the Owner or the City is unable to
perform its respective obligations under this Agreement, due to any event or circumstance that is not
within the reasonable respective control of the Owner or the City that could not have been avoided by
either the Owner or the City with the exercise of good faith., due diligence, and reasonable care (a
"Force Majeure'), then the obligations affected by the Force Majeure shall be temporarily suspended.
Within three (3) business days after the occurrence of a Force Majeure, the Owner or the City shall
give notice to each other, including a detailed explanation of the Force Majeure and a description of
the action that will be taken to remedy the Force Majeure and resume full performance at the earliest
possible time.
Ch. 212 Development Agreement In lieu Of Annexation - 4 1 P a g e
Section 16 — Enforcement. This Agreement may be enforced by the Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement
thereafter.
Section 17 — Governmental Powers. It is understood that by execution of this Agreement, the City
does not waive or surrender any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument. The Owner
acknowledges that each and every owner of the Property must sign this Agreement in order for the
Agreement to take full effect.
Section 19 — Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable for any reason, such unenforceable provision shall be deleted from
this Agreement, and the remainder of this Agreement shall remain in full force and effect and shall be
interpreted to give effect to the intent of the Owner and the City. Without limiting the generality of
the foregoing, if it is determined that, as of the date that this Agreement becomes effective, that any
Owner does not own any portion of the Property, then this Agreement shall remain in full force and
effect with respect to the remaining portion of the Property that the Owners actually own.
Section 20 — Entire Agreement. This Agreement constitutes the entire agreement between the Owner
and the City and supersedes all prior agreements, whether oral or written, covering the subject matter
of this Agreement. The Owner acknowledges that each and every Owner of the Property must sign
this Agreement in order for the Agreement to take full effect.
Section 21— Captions & Recitals. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement. However, each of the recitals
contained herein, by this reference, shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement. This Agreement cannot be modified or amended except
in writing signed by the Owner and the City and attached and made a part of this Agreement.
Section 23 — Ch. 212 Agreement in lieu of Ch. 43 Agreement. If the Property is subject to an
agricultural exemption, the Owner hereby acknowledges that the City, through the Office of the City
Attorney, offered to make a development agreement with the Owner under §43.035 of the Texas
Local Government Code. The Owner further acknowledges that the Owner rejected the offer to make
a §43.035 Agreement in order to enter in to this §212.172 Agreement.
IN WITNESS HEREOF, the p rties mutually enter this Agreement
on this#1day of 2016.
Ch. 212 Development Agreement In Ueu Of Annexation - 5 j P , e
For the City
GLEN C. OBE ON, MAYOR
ATTEST:
Rdwks Oatza;"Cit.$�exf eta2y
APPROVED AS TO CONTENT:
, A ( �' ��" /'/", , �-o - ��
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
For the Owner
s-
Armon L. Abbe — Signature
Lin . Abbe — Signature
Ch. 212 Development Agreement In Ueu Of Annexation - 6 1 P a t; i
NO3CARIZATION
State of Texas
County of Lubbock §
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This instrument was executed before me on 2016, by ,
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of the City of Lubbock, a Texas myputil;W gorporation, on behalf of said
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This instrument was executed before me on 2016, by
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State of Texas
County of Lubbock
This instrument was executed before me on
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When Recorded Return To:
City Secretary
City of Lubbock, Texas
1625 131h Street
Lubbock, Texas 79401
2016, by Z4 ,
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Ch. 212 Development Agreement In Lieu Of Annexation - 7 1 P a b e
EXHIBIT A -- The Property
The North 1.00 acre of Tract Eleven (11), FR.ANKFORD
FARMS, a subdivision out of the SW/4 of Section 24,
Block E-2, Lubbock County, Texas, according to the Map,
Plat, and/or Dedication Deed thereof, recorded in
Volume 3033, Page 242, corrected in Volume 3176, Page
340, Official Real Property Records of Lubbock County,
Texas, being further described by metes and bounds as
follows:
BEGIMNO at a K" iron rod found in the South right-of-
way line of 1226d Street at the original Northeast
corner of Tract 11, Frankford Farms, and this tract;
THENCE South 00030152" East, along the East line of
said Tract 11, a distance of 188.22 feet to a My iron
rod with cap found at the Southeast corner of this
tract, -
TERM South 891104123" West a distance of 231.42 feet
to a %, iron rod with cap set in the West line of said
Tract 11 for the Southeast corner of this tract;
THENCE North 00031112" West, along the West line of
said Tract 11, a distance of 166.22 feet to a X'v rod
with cap set in the South right-of-way line of 122°d
Street for the Northwest corner of said Tract li and
this tract;
THENCE North 69004123" East, along said right-of-way
line, a distance of 231.44 feet to the POINT OF
BEOi1W= ( the "Property") .
(Abbe - R66662) Page 1 of 2
FRANKFORD FARMS N188.22 OF TR 11
231.441
N188.22' N
N
R68662 ap
OF 11 �
(Abbe - R696621 Page 2 of 2
EXHIBIT A — The Property
Tract Eleven (11), FRANKFORD FARMS, a subdivision out
of the SW/4 of Section 24, Block E-2, Lubbock County,
Texas, according to the Map, Plat, and/or Dedication
Deed thereof, recorded in Volume 3033, Page 242,
corrected in Volume 3176, Page 340, Official Real
Property Records of Lubbock County, Texas; SAVE &&
EXCEPT the North 1.00 acre of Tract Eleven (11); the
The North 1.00 acre of Tract Eleven (11), FRANKFORD
FARMS, a subdivision out of the SW/4 of Section 24,
Block E-2, Lubbock County, Texas, according to the Map,
Plat, and/or Dedication Deed thereof, recorded in
Volume 3033, Page 242, corrected in Volume 3176, Page
340, Official Real Property Records of Lubbock County,
Texas, being further described by metes and bounds as
follows:
BEGINNING at a HO iron rod found in the South right-of-
way line of 12206 Street at the original Northeast
corner of Tract 11, Frankford Farms, and this tract;
THENCE South 00030/5211 East, along the East line of
said Tract 11, a distance of 188.22 feet to a %%'.iron
rod with cap found at the Southeast corner of this
tract;
THBNC33 South 89004123" West a distance of 231.42 feet
to a %I' iron rod with cap set in the West line of said
Tract 11 for the Southeast corner of this tract;
THENC$ North 00032/1214 West, along the West line of
said Tract 11, a distance of 288.22 feet to a %ff rod
with cap set in the South right-of-way line of 122i4
Street for the Northwest corner of said Tract 11 and
this tract;
THENCE North 89004,23" East, along said right-of-way
line, a distance of 231.44 feet to the POINT OF
BEGINNIAG (the "Property").
(Abbe — R317247) Page 1 of 3
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FILED AND RECORDED
OFFICIAL pUBLIC RECORDS
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6sj,71 17
page 3 of 3
(Abbe - R317247)
Exhibit B
MUNICIPAL SERVICE PLAN
FIRE
Existing Services. None
Services to be Provided: Fire suppression will be available to the area upon annexation.
Primary fire response will be provided by Fire Station No. 16, located at 4030114th
Street, Station 19 located at 5826 98th Street, and Station No. 14 located at 2402 961h
Street. Station No. 16 is approximately 2 miles from the proposed annexation with an
approximate response time of 5 to 6 minutes. Station 19 is approximately 3 miles from
the proposed annexation with an approximate response time of 8 to 9 minutes. Station
No. 14 is approximately 3 miles from the proposed annexation with an approximate
response time of 8 to 9 minutes. Fire suppression activities can be afforded to the
annexed area within current appropriation with a less than desirable response time. As
these areas are developed an additional fire station(s) will be considered. Fire
Prevention activities will be provided by the Fire Marshal's office as needed.
POLICE
Existing Services., None. Currently, the area Is under the jurisdiction of the Lubbock
County Sheriffs Office.
Services to be Provided. The Police Department mission and purpose is to protect
people and property; maintain social order by conducting criminal investigations and
enforcing laws goveming public health, order, and decency. The Police Department will
extend the following services to the newly annexed area:
• Preventive patrol, traffic enforcement, and timely response to calls for service.
• Investigate crimes, arrests offenders, and assists in criminal prosecutions.
• Provide crime analysis, coordinate with any new neighborhood groups, enforce the
alarm ordinance, and assume responsibility for the registering and monitoring of sex
offenders.
• Maintain and disseminate records and documents of activities in the area.
• Enforce municipal ordinances that address physical signs of urban blight and social
disorder.
Although spreading current resources of manpower out further, these services can be
provided within the current budget to the annexed area. However as more houses and
businesses begin filling in the vast area of the annexation in the next couple of years, it
will be a necessity to increase staffing levels and associated equipment requirements in
the Field Services Bureau and Investigations Services Bureau causing an increase in
the budgets from FYI 6-17 and beyond. Additionally, a substation in the South or
Southwest part of Lubbock will become a necessity to accommodate increased staffing
and access by the citizens in that area of the city for better customer service.
Service Plan South to 246th_opti
Exhibit B
CITY SECRETARY
Existing Services. None
Services to be Provided: Administration of Municipal Election services.
BUILDING INSPECTION
Existing Services: None
Services to be Provided. The Building Inspection Department will provide construction
code enforcement services upon annexation. This includes construction plan review and
field inspection services and the issuance of building, electrical and
plumbing/mechanical permits for any new construction and remodeling, as well
as enforcement of all other applicable codes which regulate building construction within
the City of Lubbock.
It is anticipated that such services can be provided with current personnel and within the
current budget appropriation. As land is developed, the need for additional personnel
and budget appropriations will be dependent upon the type, intensity and rate of
development within the annexed area as well as areas that compete for those
resources.
PLANNING AND ZONING
Existing Services: The City of Lubbock Subdivision Ordinance regulations extend into
the ETJ.
Services to be Provided: The Planning Department's responsibility for regulating
development and land use through the administration of the City of Lubbock Zoning
Ordinance will extend to this area on the effective date of the annexation. The property
will also continue to be regulated under the requirements of the City of Lubbock
Subdivision Ordinance. As Lubbock continues to grow, so does the need for and
importance of long range planning in order to better serve the community. As land is
developed, increases In personnel and budget will be needed in order to provide the
same level of customer service.
GIS AND DATA SERVICES
Existing Services. None
Services to be Provided: GIS and Data Services will update all city-wide GIS data sets
to Include the newly annexed areas. This will include support to the Office of City
Service Plan South to 146th optl 2
Exhibit B
Secretary for changes to voting precincts (if any) and other elections requirements, to
Building Inspection, Streets and Traffic Engineering for addresses and street names, to
Stormwater Management for impervious surfaces and to Police and Fire for updated
information for 911 Dispatch. The updated information will be reflected on the GIS
website for use by the public.
These services can be provided within the department's current budget.
LIBRARY
Existing services: Free library use privileges are currently available to anyone residing
in this area, as part of an agreement with Lubbock County.
Services to be Provided. These services will continue to be provided upon annexation.
CODE ADMINISTRATION/ENVIRONMENTAL HEALTH DEPARTMENTS
Existing Services. None
Services to be Provided. The City of Lubbock's Code Administration/Environmental
Health Departments will implement the enforcement of local ordinances and regulations
on the effective date of the annexation. Such services can be provided with current
Code Administration/Health Department Personnel and within the current budget
appropriation. As land is developed, increases in personnel and budget will be needed
in order to provide the same level of customer service.
ANIMAL SERVICES
Existing Services. None. Currently, the area is under the jurisdiction of the Lubbock
County Sheriffs Office.
Services to be Provided. Animal control services will be provided to the area as needed.
The City of Lubbock Animal Services Department will implement the enforcement of the
City of Lubbock's animal control ordinances and regulations upon the effective date of
the annexation. It is anticipated that such services can be provided with current
personnel and budget appropriation, but response times may increase.
STREET
Existing Services: Lubbock County Public Works currently maintains the county roads.
Services to be Provided. In accordance with the Master Thoroughfare Plan, the
proposed annexation area will add approximately 8 centerline miles of thoroughfare
Service Plan South to 146th opts
Exhibit B
roadways to the City's infrastructure. As development occurs, the City's current policies
require the City to design and build thoroughfares. Capital projects may be required in
the future to provide adequate funding to support this anticipated growth. The timing of
these improvements would be contingent on available funding and growth patterns in
these areas.
STREET LIGHTING
Existing Services: None
Services to be Provided: The City of Lubbock will coordinate any request for improved
street lighting with the local electric provider in accordance with standard policy.
STORM WATER MANAGEMENT
Existing Services: City maintains jurisdiction of playa lakes within the ETJ.
TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement
and compliance with stormwater related permits outside the City limits.
Services to be Provided: As land is developed, developers will provide plans for
addressing the conveyance of storm water drainage. The Storm Water staff will review
the drainage plans for compliance with the current drainage regulations and policies.
Any major improvements for conveyance will be inspected for compliance by the city
staff at time of completion. Additionally, as land is developed and building permits are
requested, Storm Water staff reviews each permit request for compliance with the
Chapters 22 (City's Stonmwater permit) and Chapter 30 (Lakes and Floodplains) of the
City Code. After permit issuance, inspections of the construction sites are to ensure
compliance with the City Code and state regulations. Depending on the type and
intensity of development within the annexed area, the need for additional personnel and
budget appropriations may be needed to provide adequate customer service
(development and permit review and inspections).
TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of
Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be
the responsibility of the Storm Water Staff.
TRAFFIC ENGINEERING
Existing Services: None
Services to be Provided. Upon annexation approximately twenty-four (24) signs will be
upgraded to city standards, thirty (30) new signs will be installed, and ten miles of
Service Plan South to 146th opts
Exhibit 8
painted lane lines and pavement markings will be maintained. Current budget and staff
are sufficient to provide these services. After annexation and in conjunction with the
platting process, Traffic Engineering will identify and install required traffic signs to be
installed at the developer's expense. Other regulatory traffic control devices will be
provided after appropriate studies indicate the data meets the minimum requirements as
set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as
budget permits.
WATER AND SANITARY SEWER SERVICE
Existing Services. None
Services to be Provided. Water and Sewer.
a) Water and sewer are not readily available in a majority of areas proposed for
annexation.
b) Major main extensions to these areas will need to be considered by City Council
for future capital improvements projects to service these areas. County Road
7450 will need fire protection through a capital improvements project within 2.5
years of annexation. Up to three fire hydrants will be provided within one-half
mile west of County Road 2200 (University Avenue) as required for adequate fire
protection.
126th Street will need fire protection through a capital improvements project
within 2.5 years of annexation. Up to three fire hydrants will be provided within
one-half mile west of Chicago Avenue as required for adequate fire protection.
134t^ Street and 138"' Street will need fire protection through a capital
improvements project within 2.5 years of annexation. Up to three fire hydrants
Will be provided within one-half mile between Frankford Avenue and Chicago
Avenue as required for adequate fire protection.
Water for fire protection prior to the extension of water lines from the City on
County Road 7450, 126t' Street, 134th Street, 138th Street, and any other area
will need to be provided through pump trucks.
c) Availability of water and sewer prior to or beyond the extension of a capital
improvements project is at the request and expense of the developer, and shall
be provided within current policies and ordinances of the City (see below for
explanation of pro-rata charges.
d) Water and sewer for domestic and commercial use, when installed will be
available at approved City rates.
e) Water for fire protection will be available through lines only after main extensions
through a capital improvements project or development has occurred. Water in
fire truck pumpers or in relay from existing sources will be used for fire
suppression until that time for existing structures.
Pro-Rata Charges
Service Plan South to 146th optl
Exhibit B
Chapter 22.05 of the Code of Ordinances, City Code establishes the charges or
the actual cost of construction due on all property to which water and/or sewer lines are
extended. The charge is generally known as "pro-rata" and is due and payable before
service is provided. The pro-rata charge represents a portion of the costs of providing
water and/or sewer facilities to serve the property on which the pro-rata is paid.
When a person desires water and/or sewer service to property that requires an
extension of existing facilities to provide service adjacent to the property or when the
service connection will be made to a line constructed after April 1, 1952, the person
desiring service shall pay non-refundable charge called pro-rata. The pro-rata charges
Include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for water,
unless the actual extension cost is greater, then the charge is per actual cost.
When an extension of water/sewer facilities exceeds the above costs, the
person(s) desiring service shall pay the entire cost and later be refunded that amount
above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance
22.05 specifies other items including:
a) pro-rata on property already platted, and extension of services,
b) pro-rata and extensions to property being platted,
c) sizes of lines and meter sizes,
d) location for service connection,
e) deposits, charges, refunds,
f) cost of large mains may be partially paid by City, and other considerations,
g) when the City Council can declare a health hazard and install mains at
public expense.
SOLID WASTE SERVICES
Existing Services. None
Services to be Provided. Solid Waste Collection shall be provided to the area of
annexation in accordance with the present ordinance. Service shall comply with existing
City policies, beginning with occupancy of structures. Since it is expected that
immediate development will not occur, impact to services has been determined to be
gradual. Additional driver and equipment can be projected when 1,000 residential unit
structures are occupied, and an increase in staffing and equipment will be needed as
development continues within this proposed annexation and exceeds route collection
averages.
MISCELLANEOUS
Service Plan South to 146th opts
Exhibit B
In addition to the services listed above, the City will provide full municipal services to the
Annexation Area commensurate with the levels of services provided in other parts of the
City except if differences in topography, land use, and population density constitute a
sufficient basis for providing different levels of service, not later than two and one-half
years after the effective date of the full -purpose annexation. If full municipal services
cannot be reasonably provided within the aforementioned time period, the City will
propose a schedule for providing said services within a period of four and one-half years
after the effective date of the annexation, and/or upon commencement of development
of a subdivision within this property, whichever occurs later.
"Full municipal services" are services provided by the annexing municipality within its
full -purpose boundaries, excluding gas or electrical service. The City shall provide the
services by any of the methods, policies, and ordinances by which it extends the
services to any other area of the City. Accordingly, there may be costs incurred by the
user in order to access certain services.
Service Plan South to 146th apti 7