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HomeMy WebLinkAboutResolution - 2022-R0060 - Annexation Agreement with Ganatra for 3.18 acres at 106th and UniversityResolution No. 2022-R0060 Item No. 8.7 January 25, 2022 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 Ganatra Holdings, LLC and Ganatra Investments, LLC, 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 January 25, 2022 DANIEL M. POPE, MAYOR ATTEST: 0"-0" A' Rebe ca Garza, City SecreUary APPROVED AS TO CONTENT: Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: -- I- & I k&46- K li Leisure, Assistant City Attorney ccdocs/RES.AnnexationAgreement Ganatra. 1.11.22 Resolution No. 2022-R0060 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND GANATRA HOLDINGS, LLC AND GANATRA INVESTMENTS, LLC This Municipal Services Agreement ("Agreement") is entered into on 25th day of January , 2022 by and between the City of Lubbock, Texas, a home -rule municipality of the State of Texas, ("City") and Ganatra Holdings, LLC and Ganatra Investments, LLC ("Owners"), collectively referred to as ("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, Section 43.0671 of the Local Government Code ("LGC") permits the City to annex an area when each owner of land in an area requests the annexation; WHEREAS, the Owners own certain parcels of land situated in Lubbock, Texas which consists of approximately 3 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit A attached to and incorporated herein ("Property"); WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owners that sets forth the City services to be provided for the Property; WHEREAS, Owners have filed a written request with the City for full -purpose annexation of the Property, and said petition for annexation is set forth as Exhibit B attached to and incorporated herein ("Petition"); 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: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the annexation. Page 1 of 10 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with the service plan below and 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. 14, located at 2402 96th Street, Station No. 16, located at 4030 114th Street, and Station 17, located at 3241 63rd Street. Station No. 14 is approximately 1.0 miles from the proposed annexation with an approximate response time of 1 to 2 minutes. Station 16 is approximately 2.5 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station No. 17 is approximately 3.7 miles from the proposed annexation with an approximate response time of 6 to 6 minutes. Fire suppression activities can be afforded to the annexed area with an acceptable response time within current appropriation. 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. 14, located at 2402 96th Street, Station No. 16, located at 4030 114th Street, and Station 17, located at 3241 63rd Street. Station No. 14 is approximately 1.0 miles from the proposed annexation with an approximate response time of 1 to 2 minutes. Station 16 is approximately 2.5 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station No. 17 is approximately 3.7 miles from the proposed annexation with an approximate response time of 6 to 6 minutes. Emergency medical transport is provided by the Lubbock County Hospital District. Page 2 of 10 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. 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, 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. Page 3 of 10 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. 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. Page 4 of 10 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: 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 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. Page 5of10 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. xiv. Water and Sanitary Sewer Services a. Existing Services: None b.Services to be Provided. 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. Ordinance 8017 specifies other items including: 1. Pro-rata on property already platted, and extension of services; 2. Pro-rata and extensions to property being platted; 3. Sizes of lines and meter sizes; 4. Location for service connection; 5. Deposits, charges, refunds; Page 6 of 10 6. Cost of large mains may be partially paid by City, and other consideration; or 7. When the City Council can declare a health hazard and install mains at public expense. 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. However, the developer may be asked to assist with infrastructure for residential waste collection, i.e. carts or dumpsters. Depending on the style/type of development additional expectations may be placed on the developer in order for service to be provide in the timeframe requested. 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 services. 4. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner 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. Page 7 of 10 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 to each of them it was recommended to seek legal advice and each Party was given adequate opportunity to seek representation of legal counsel in the negotiation and drafting of this Agreement. 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 Owner. 13. CH. 43 DISCLOSURE IN COMPLIANCE WITH THE TEXAS LOCAL GOVERNMENT CODE SEC. 43.004 A. The City discloses that the Landowners are not required to enter into this agreement, however if the Landowners desire to have their property annexed, the Texas Local Government Code Sec. 43.0672 requires a written agreement for the provision of municipal services; B. The City may, in compliance with and under the authority of the Texas Local Government Code Subchapter C-3, annex the Landowners' property upon the Landowners' request; Page 8 of 10 C. The procedural mechanisms in order to annex the Landowners' property shall be as follows: 1. The Landowners of the property must petition the City requesting the annexation of Landowners' property; 2. If the City desires to annex Landowners' property, a written agreement shall be made with each Landowner requesting property to be annexed and said agreement shall include: a. All of the services the City will provide to the property once annexed; and b. A schedule of any services the City will provide at a later time, if not at the time of annexation. D. The above procedures shall require the consent and signature of the City and the Landowners; and E. The City waives immunity from suit for the purpose of adjudicating a claim for breach of the agreement. 14. 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 all Parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 9of10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK GANATk HOLDINGS, L DANIEL M. POPt, MAYOR Sha1 es R. Ganatr 2 ATTEST: SUBSCRIBED AND ORN TO BEFORE ME on the day of day of , 20,,, to certify which witness rK hand and official seal. Re ecca Garza, City S CTe y PAM K. HARTSFIELD N Notary Public, State of Texas [+� Co ' es 12-17-2025 Nota APPROVED AS TO CONTENT: y D 716875 - A�--j q-am [Pdnted name]s j TB"tEsh or o lanning Notary Public in and for the State of Texas P VED S TOFORM: GANATRA INVESTMENTS, LLC &jesure, Assistant City Attorney Hina S. Ganatra, Manager SUBSCRIBED AND SWOM TO BEFORE ME on the day of iv •— day of 20�, to certify which witness m and and Icial seal. �'' PAM K. HARTSFIELD !ie! Notary Public, State of Texas +` Comm. Expires 12-17-2025 otaryi 16875 [Signatu [Printed name] i e Notary Public in and for the State of Texas Page 10 of 10 Exhibit A METES AND BOUNDS description prepared for Annexation purposes only on a 3.18 acre tract out of Section 10, Block E, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point in the North line of the Southwest Quarter (SW/4) of Section 10 for the Northwest corner of this tract which bears East, an approximate distance of 1260 feet from the Northwest corner of the SW/4 of Section 10, and also being in the South line of the Tract annexed by City of Lubbock by Ordinance(CLO) 2005-00078; THENCE East, along the North line of the SW/4 and the South City Limits Line established by CLO 2005-00078, an approximate distance of 275 feet to the Northeast corner of this tract; THENCE South an approximate distance of 503.49 feet to a point in the South line of the tract described in Lubbock County Clerk File Number (CCFN) 2017016442 for the Southeast corner of this tract; THENCE West along the South line of the tract described in CCFN 2017016442, an approximate distance of 275 feet to a point in the City Limits line; THENCE North, with the City Limits line an approximate distance of 503.49 feet to the PLACE of BEGINNING and containing 3.18 acres. PREPARED FOR ANNEXATION PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY. s ■� AftJMub]�8�'k VOLUNTARY ANNEXATION APPLICATION APPLICATION IS NOT VALID WITHOUT COMPLETION OF ALL PAGES AND SIGNATURES MINIMUM SUBMITTAL REQUIREMENTS: ❑ Application provided by City of Lubbock completed in full. This application must be used and may not be adjusted or altered. Please attach pages if additional information is provided. ❑ Annexation petition provided by City of Lubbock with notarized signature(s). ❑ Map of the subject property. 0 A legal description of the property (including a survey, field notes or legal description with subdivision, lot and block) labeled as Exhibit A. 0 Ownership Documents. A clean copy of recorded warranty deed or other document(s) verifying ownership of all property to be annexed. If the property is owned by a partnership, corporation, trust, or other entity, documents demonstrating signatory's authority to sign petition on behalf of entity must be included. ❑ One digital copy of all of the above. ❑ If designating a representative, the affidavit designating representative with notarized signature(s). Property Owner(s): 6- Address: 10 A C f Ayc s -L-mbback 7x ?"7 4 22 Address: 1t7701 Ave. tm)obDGN -rx 7q42�-3 Telephone: ( B 7 W— 7 UEmail: B V) L DCAAr-T A) Ef0 j: m A 7- Telephone: [_ ) Email: Acreage of property:_ Number of lots and proposed use: i — Check one: ❑ I will represent my application and petition before city staff and the City Council. I hereby authorize the person named in the attached affidavit to act as my representative in this application before city staff apd the City Council. A of record sign-FRUre — ; Please note: The signature of owner authorizes the City of Lubbock staff to visit and inspect the property that is subject to this application. The representative is the official contact person for this nroiect and the single point of contact. All correspondence and communication - and responsibility for responding to same - will be conducted with the representative. City of Lubbock Planning Department - (806) 775-21G8 -1625 13" St, P lb7 • Lubbock, TX 79401 Page 1 of 1 City of ,Lubbock M Ai PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF LUBBOCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby waive any requirement to be offered a development agreement pursuant to the Texas Local Government Code Section 43.016, and petition your Honorable Body to extend the present city limits so as to include as part of the City of Lubbock, Texas, the territory described in the attached Exhibit A, including a survey, field notes or legal description with subdivision, lot and block. We certify that the above described tract of land is contiguous and adjacent to the City of Lubbock, Texas, falls within Lubbock County, is not more than one-half mile and every person having an interest in said land. THE STATE OF TEXAS COUNTY BEFORE ME, the undersigned Signed: Signed: f -rJ on this day personally appeared and— t , known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this JD day of , 20. PAM i� HARTSFIELD � 4- Texas.Notar Pubac,Slate of Texas ,�s Y�. Comm. Expires 12 17-202'9reN�`` Notary ID 3716875 otary Pu �c to an ar ounty, City of Lubbock - Planning Department • (806) 775-2108 •1625 131h 3t, #f 107 • Lubbock, TX 79401 Page 1 of 1 20190121332 5 PGS DEED _ AFTER RECORDING RETURN TO: , NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an 'interest in real property before it is filed for record in the public records: Your Social Security Number or your Driver's License Number. Special Warranty Deed Date: March 18, 2019 Grantor: HINA S. GANATRA, joined pro forma by her husband, SHAILESH R. GANATRA Grantor's Mailing Address: P. O. Box 3130 Lubbock, Lubbock County, Texas 79452-3130 Grantee: GANATRA INVESTMENTS, LLC, a Texas limited liability company Grantee's Mailing Address: P. O. Box 3262 Lubbock, Lubbock County, Texas 79452-3262 =� Consideration: As a contribution to capital of Grantee, and other good and valuable consideration, to Grantor herein paid by Grantee herein, the receipt and sufficiency of all which is hereby acknowledged and confessed. Property (including any improvements): See legal description of properties listed on Exhibit "A" attached hereto and incorporated herein by this reference as if set forth verbatim. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: SUBJECT TO all valid and subsisting easements, encumbrances, rights -of -way, exceptions, reservations, covenants and conditions, of whatsoever nature, either of record in the county in which the property is located, or visible to the eye upon inspection of the properties; all rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements; and ad valorem taxes for current year. Special warranty Deed Page 1 STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me, the undersigned notary, on this day of 2019, by SB AILESH R. GANATRA ,,O11`..A�f�4�r TAPESHK<JMAii N. PATEL Notary Public State of Texas IN, Notary Public, State of Texas S`a°. , = Comm. Expires 08-10.2021 , F�:�`', Notary !D 128553669 Special Warranty Deed Page 3 FILED AND RECORDED OFFICIAL FMLIC RECORDS U Kelly Pinion County Clark Lubbaok County. TEXR5 04/11/2010 02:22 PM 20161 2832