HomeMy WebLinkAboutResolution - 2021-R0270 - MSA with Loop 88 LLCResolution No. 2021-R0270
Item No. 7.8
July 27, 2021
RESOLUTION
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, an Annexation Agreement, by and between the City of
Lubbock and Loop 88, LLC, the Sherman Nelson Family, LP, Ilene Hobgood, Kim Nelson, and
the Edward and Carol Daniel Family Trust, and related documents. Said Agreement is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on
July 27, 2021
k.---
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca arza, City Secr tart'
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
ccdocs/RES.AnnexationAgreement Loop 88 et at.
07.22.21
Resolution No. 2021-R0270
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF LUBBOCK, TEXAS
AND LOOP 88, LLC, THE SHERMAN NELSON FAMILY, LP, ILENE HOBGOOD,
KIM NELSON, AND THE EDWARD AND CAROL DANIEL FAMILY TRUST
This Municipal Services Agreement (the "Agreement") is entered into on 27th day of
July , 2021 by and between the City of Lubbock, Texas, a home -rule municipality of
the State of Texas, (the "City") and LOOP 88, LLC, THE SHERMAN NELSON FAMILY, LP,
ILENE HOBGOOD, KIM NELSON, AND THE EDWARD AND CAROL DANIEL FAMILY
TRUST (the "Owners"), collectively referred to as (the "Parties").
RECITALS
The Parties agree that the following recitals are true and correct and form the basis upon
which the Parties have entered into this Agreement.
WHEREAS, the Texas Local Government Code Section 43.0671 permits the City to annex
an area when each owner of land in an area requests the annexation;
WHEREAS, the Owners own parcels of land situated in Lubbock County, Texas which
consist of approximately 718 acres of land in the City's extraterritorial jurisdiction, such property
being more particularly described and set forth in Exhibits "A" and "B" attached to and
incorporated herein (the "Properties");
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the Owners that sets forth the City services to be provided for the
Properties;
WHEREAS, Owners have filed a written request with the City for full -purpose annexation
of the Properties, and said petitions for annexation are set forth in Exhibit C attached to and
incorporated herein (the "Petitions");
WHEREAS, the City and the Owners desire to set out the City services to be provided for
the Property on or after the effective date of annexation;
WHEREAS, the annexation and execution of this Agreement are subject to approval by
the Lubbock City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owners agree as follows:
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1. PROPERTY. This Agreement is only applicable to the Properties, which are the subject
of the annexation.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Properties in accordance with state law, which may be
accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of annexation, the City will provide the
municipal services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the City may extend
municipal services to any other area of the City, including the City's infrastructure
extension policies and developer or property owner participation in accordance with the
applicable city ordinances, rules, regulations, and policies.
i. Fire Services
a. Existing Services: None
b.Services to be Provided: Fire suppression will be available to the area upon
annexation. Primary fire response will be provided by Fire Station No. 15,
located at 8002 Venita Ave., Station No. 18, located at 6611 Oakridge Ave.,
and Station No. 3, located at 6420 25th Street. Station No. 15 is
approximately 4.4 miles from the proposed annexation with an approximate
response time of 6 to 7 minutes. Station 18 is approximately 4.7 miles from
the proposed annexation with an approximate response time of 6 to 7
minutes. Station No. 3 is approximately 5.0 miles from the proposed
annexation with an approximate response time of 7 to 8 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.
ii. First Responder Emergency Medical Services
a. Existing Services: None
b.Services to be Provided: Lubbock Fire Rescue is a Basic Life Support (BLS)
First Responder Organization. BLS First Responder emergency medical
response will be provided by Fire Station No. 15, located at 8002 Venita
Ave., Station No. 18, located at 6611 Oakridge Ave., and Station No. 3,
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located at 6420 25th Street. Station No. 15 is approximately 4.4 miles from
the proposed annexation with an approximate response time of 6 to 7
minutes. Station 18 is approximately 4.7 miles from the proposed
annexation with an approximate response time of 6 to 7 minutes. Station
No. 3 is approximately 5.0 miles from the proposed annexation with an
approximate response time of 7 to 8 minutes. Emergency medical transport
is provided by the Lubbock County Hospital District.
iii. Police Services
a. Existing Services: None
b.Services to be Provided: The Police Department's responsibility for
responding to emergency and non -emergency law enforcement calls for
service and to provide law enforcement patrol coverage in an effort to
prevent, reduce, mitigate and solve crimes will extend to this area on the
effective date. These services can be provided within the department's
current budget.
iv. Building Safety Services
a. Existing Services: None
b.Services to be Provided: The Building Safety 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
laws and codes that 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.
V. Planning and Zoning Services
a.Existing Services: Subdivisions of land within the five -mile extraterritorial
jurisdiction (ETJ) of the city are required to have a plat of the subdivision
prepared in accordance with the City of Lubbock subdivision regulations.
Currently, plats and subdivisions in the ETJ are approved by the Planning
and Zoning Commission, as well as the County Commissioner's Court, as
may be dictated by applicable state statutes and City ordinances. Similarly,
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signs and billboards are regulated within the ETJ pursuant to the City's sign
ordinance, as authorized by State law. No other Planning department
services are authorized or offered outside of the City limits, including
zoning.
b.Services to be Provided: The Planning and Zoning 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 annexed areas will also
continue to be regulated under the requirements of the City of Lubbock
Subdivision Ordinance. These services can be provided within the
department's current budget.
vi. GIS and Data Services
a. Existing Services: None
b.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 Secretary for elections requirements, to Building
Inspection, Streets and Traffic Engineering for addresses, street names and
street signs, and to Planning for transitional zoning. GIS will facilitate a
meeting with Lubbock Emergency Communication District, Police and Fire
for determination of updated information for 911 Dispatch. Updated GIS
information that is public will also be reflected on the GIS mapping website
for citizens.
vii. Publicly Owned Parks, Facilities, and Buildings
a.Existing Services: City of Lubbock Library's materials, services, and
programs are currently available to anyone who lives in Lubbock County.
b.Services to be Provided: Residents of the Property will be permitted to
utilize all existing publicly -owned and available parks, facilities (including
community service facilities, libraries, swimming pools, etc.) and buildings
throughout the City. Upon the effective date of annexation, staff will study
areas to be included in future versions of the Parks Master Plan. Any
addition of parkland will create additional expenses to the Parks and
Recreation operating budget. The Library will continue to provide services
to all of Lubbock County, including the area to be annexed. These services
are provided within the department's current budget.
Page 4 of 13
viii. Code Administration/Environmental Health Services
a.Existing Services: None
b.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.
ix. Animal Services
a.Existing Services: None. Currently, the area is under the jurisdiction of the
Lubbock County Sheriff's Office.
b.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.
X. Street Services
a.Existing Services: City of Lubbock Public Works currently maintains any
roads that are within the City of Lubbock City Limits adjacent to these plats.
b.Services to be Provided: In accordance with the Master Thoroughfare Plan,
the proposed annexation area is adjacent to approximately 5 miles of
Arterial Roadway. As development occurs, the City's current policies
require the City to design and build Arterial Roadways. Roadway Impact
Fees will be due at the time of platting. 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. The developer may build the
roadway and receive offsets in Lieu of Impact Fees.
xi. Storm Water Management Services
a. Existing Services: City maintains jurisdiction of playa lakes within the ETJ.
TCEQ (Texas Commission on Environmental Quality) has jurisdiction of
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enforcement and compliance with stormwater related permits outside the
City limits.
b.Services to be Provided: As land is developed, developers will provide plans
for addressing the conveyance of storm water drainage. The Development
Engineering 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 Stormwater 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.
xii. Street Lighting
a.Existing Services: None
b.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.
xiii. Traffic Engineering Services
a. Existing Services: None
b.Services to be Provided: Upon 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.
Page 6 of 13
xiv. Water and Sanitary Sewer Services
a. Existing Services: None
b.Services to be Provided: Water and Sewer infrastructure is not currently
adjacent to this area within the existing City Limits. Availability of water
and sewer is at the request and expense of the user, and shall be provided
within current policies and ordinances of the City (note below for an
explanation of pro-rata charges). Water and sewer for domestic and
commercial use, when installed, will be available at approved City rates.
Water for fire protection will be available through lines only after service
lines are installed by the developer.
Pro-Rata Charges:
Chapter 22, 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. 2005 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 8017 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
consideration, or
G. When the City Council can declare a health hazard and install mains
at public expense.
Page 7 of 13
xv. Solid Waste Services
a.Existing Services: None
b.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 there is potential residential growth within this area of annexation,
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 area and exceeds
route collection averages. The landfill will be able to handle this request.
The only impact would be that the City could anticipate landfilling
additional solid waste tonnage and ultimately developing the next landfill
cell sooner than currently projected.
B. It is understood and agreed that the City is not required to provide a service that is
not included in this agreement.
C. Owners understand and acknowledge that the City departments listed above may
change name or be -reorganized by the City Manager. Any reference to a specific
department also includes any subsequent department that will provide the same or similar
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4. AUTHORITY. City and Owners represent that they have full power, authority and legal
right to execute, deliver and perform their obligations pursuant to this Agreement. Owners
acknowledge that approval of the annexation is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
5. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the Parties will be construed as if the part, term, or provision was never part of the
Agreement.
6. INTERPRETATION. The Parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of the Agreement will be
interpreted according to the laws of the State of Texas. The Parties acknowledge that they
are of equal bargaining power and that each of them was represented by legal counsel in
the negotiation and drafting of this Agreement.
Page 8 of 13
7. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Lubbock
County, Texas and construed in conformity with the provisions of Texas Local
Government Code Chapter 43.
8. NO WAIVER. The failure to either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right grated hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such
right on any future occasion.
9. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
10. 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.
11. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the term and conditions of this
Agreement.
12. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND. This
Agreement is binding on and inures to the benefit of the Parties, their successors, and
assigns. The term of this Agreement constitutes covenants running with the land
comprising the Properties and is binding on the Owners.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior oral and written agreements between said Parties. This
Agreement shall not be amended unless executed in writing by both Parties.
EXECUTED as of the Effective Date hereof.
CITY OF LUB CK
DANIEL M. POPS, Mayor
ATTEST:
Retie ca Garza, City Se reta
Page 9 of 13
APPROVED AS TO CONTENT:
Bryan am, Dit for of Planning
APPROVED AS TO FORM:
lli Leisure, Assistant City Attorney
SUBSCRIBE INO S N T BEFORE ME on the
day of ��day of , 20LL' to
certify which witness myflandLga official seal.
[Seal r
[Sign
[Printed name]
Notary Public in and for
the State of Texas
LAURA LOMENICK
wkY Stye of Tee
MY GO:MWW1�F.on f09,2.'f2Q21
EDWARD AND CAROL DANIEL REVOCABLE
TRUST
Edward Daniel, Trustee
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of day of , 20 , to
certify which witness my hand and official seal.
[Seal
[Signature]
[Printed name]
Notary Public in and for
the State of Texas
Page 10 of 13
APPROVED AS TO CONTENT:
Bryan Isham, Director of Planning
APPROVED AS TO FORM:
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of day of , 20 , to
certify which witness my hand and official seal.
[Seat]
[Signature]
[Printed name]
Notary Public in and for
the State of Texas
Kelli Leisure, Assistant City Attorney
EDWARD AND CAROL DANIEL REVOCABLE
TRUST
Edward Daniel, Trustee
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of a3tol day of�'t , 203�'L, to
certify which witness my h d and official seal.
[Sean
[Signature]
yfi N" 4olafy Pubhe SI.Ou of �rrnda `
Andrea A. J01,1130h [Printed name]
r,Ay Comm Ka+tat C r
ExPaha 1010t,0021
Notary Public in and for
the State of T,•xss F 1Uf ] ��
Page 10 of 13
EDWARD AND CAROL DANIEL REVOCABLE
TRUST
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of aAlr(l— day of , 20 ,�, to
certify which witness my hand and official seal.
[Seal)
[Signature] V f
Notari Public Slate o' , C ,na Printed name
Andrea A. Joi nson
My Cumma.,on GG 1493 i,
Exp,res 10,'Oe/2021 Notary Public in and for
:•�� the State of sexes. T Jos-kj4,
EDWARD AND CAROL DANIEL REVOCABLE
TRUST
Stacy Daniel Mullen, Trustee
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of day of , 20 , to
certify which witness my hand and official seal.
[Seal
[Signature]
[Printed name]
Notary Public in and for
the State of Texas
Page 11 of 13
EDWARD AND CAROL DANIEL REVOCABLE
TRUST
Carol Daniel, Trustee
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of day of , 20 , to
certify which witness my hand and official seal.
[Seen
[Signature]
[Printed name)
Notary Public in and for
the State of Texas
EDWARD AND CAROL DANIEL REVOCABLE
TRUST
Stacy D niel Mullen, Trustee
SUBSCRIBED AND SWORN TO BEFORE )VIE on the
clay of . 5 day of v , 20 , to
rer ify which witness my han and official seal.
(Sean ,
A.PV"yi::: JULIA ERIN LONG [Signatu
My Notary ID 8132726898
Expires October 13, 2024
[Printe n me] La VQ
Notary Public in and for
the State of Texas
Page 11 of 13
ILENE HOBGOOD
S yBSCA yD S T BEFORE M on the
day of a of , 20, to
certify which witness m and official seal.
[Seal) r
[Signatu
[Printed name] ZAL�2)6�
Notary Public in and for
the State of Texa6
LAURA LOMENICK
KIM NELSON No" Po* Stye d Texas
Notary 113112397821-3
My Cammie�on 0923.2021
Signature
SUBSCRIPEP ANDS N T BEFORE ME on the
day of tiay of , 20�, to
certify which witness m and #d official seal.
1
[Sean
(Signa r 7 2 I ��
[Printed name]
Notary Public in and for
the State of Texas
4E,
AURA LOMENICK
y Pudic, Stale of Texas
NotaryIN 12397821.3
Page 12 of 13 Cammiesioo BON 09*2021
SHERMAN NELSON FAMILY, LP
General Partner
SUBSC XND S RN O BEFORE on the
day of y of , 20 , to
certify which witness m han d official seal.
[Seal) �-
[Signature
[Printed name]
Notary Public in and for
the State of Texas
LAURA LOMENICK
*hrypul� Slit of Tom
1.3
Ccdocs/AnnexationAgreement_Loop 88 et al �'�'
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