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HomeMy WebLinkAboutResolution - 2022-R0212 - Terminating Chapter 212 Agreement of 5 acres in Section 24, Block E-2 R68745Resolution No. 2022-R0212 Item No. 8.2 April 26, 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 for the portion of the property set forth herein, attached and incorporated herein, due to the property owner of record, Larry Fawver, request to voluntary terminate the agreement as to Parcel ID number R68745; 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 122nd 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 number R68745, 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 ATTEST: D Joe-., -U JN Rebecck Garza, City Secret APPROVED AS TO CONTENT: of Planning APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney April 26, 2022 DANIEL M. POPE, MAYOR RES. Adoption Ch. 212 Agreement Termination & Service Plan Preparation -- R68745 3.23.22 mi ep m m m m = m 1*11 CITY LIMITS (IN) CITY OF LUBBOCK OFFICE PICK UP M0017941 11 PCs AGREE milt In NV716119AN IN CINCINNi 11111 NOTICE OF CONFIDENTIALITY RIGHTS: liF 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 LTCENSE NUMBER CITY OF LUBBOCK CH. 212 DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION THIS DEVELOPMENT AGREEME IN LIEU OF ANNEXATION (the "Agreement") is nnade and eSoctive tbis J g",y of , 2016, and is entered into pursuant to §212.172 of the Texas Local Government Code, by tween the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City', and the undersigned property owner($) (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's 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 ofLubbock; 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 I — 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 ncu 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 1 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 arJmowledges 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 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 Tenn, the City may commence the voluntary annexation of the Property. Section 5—Termination. This Agreement will automatically terminate at the end of the Term. Ibis 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 nun and void in its entirety. Section 7 — NodfIcation. 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 Citywritten notice within fourteen (14) days ofany 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 MIA g= to: City of Lubbock Attn: City Secretary Attu: 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 L,ubbo& 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 agrecs to be solely responsible for defending and confirming its absolute right, title, and ownership to the Property. if the Owner cannot M 212 Development Agreement In Ueu Of Annexation • 3 1 defend or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate. Section IQ — 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 low, 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 11— 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 — Thir&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 liability 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 occunrmce 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 Ueu Of Annexation - 4 1 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 Govenunent 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 rtles mutually enter this Agreement on this `day of 2016. Ch. Z12 Development Agreement In Ueu Of Annexation • 51 Fort City For the Owner GLEN d-IrKOBERIMON, MAYOR Owner 42<tlyo r Owner R 00 "! �f e o e\� p C' �• e RebtAVia, CiOtccAP ►.: APPROVEBtA'Sti'i'ONTENT: Andrew Paxton, Director of Planning APPROVED AS TO FORM: Justin PrI is(Wi"My Attornc Ch. 2U Development Agreement In Lieu Of Annexation - 61 NOTARIZATION State of Texas County of Lubbock § This instrument was executed before me on016, by a►IM RAW Of the City of Lubbock, a Texas municipal corporation, on behalf of said corporatrOJL FMI�Y%. M." `•�.••Pr�pW D�q �.,,�� ¢0.tit 0� State of Texas § County of Lubbock § This instrument was executed before me on %Z 20I6, by wn When Recorded Return To: City Secretary City of Lubbock, Texas 1625 I3`h Street Lubbock, Texas 7940I 10- VENRA 01rav m �&� My6g brim Ch. 212 Development Agreement In Lieu Of Annexation - 71 EKHIBIT A — The Property The South Three Hundred Seventy -Six point Twenty - Nine Feet (S 376.291) of Tract Thirteen (23), Frankford Farms, a Subdivision out of the Southwest Quarter (SW/4) of Section Tveuty-Four (24) , Block R-Two ($-2), Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded is Volume 3033, Page 242 and corrected in Volme 3176, Page 340 of the Heal Property Records of Lubbock County, Texae; AND 5.00 Acrese being Tract I40 Prarkford Farms, a Subdivision out of the 39/4 of Section 24, Block 9-29 Certificate No. I8699 L. A. Patine Original Grantee, Lubbock County, Texas, an shove by plat recorded its Volume 30331 Page 242, Real Property Records of Lubbock County, Texas. (Fawner - RGW17 & RM45) Page 1 of 3 Plat of Survey MxM0 MM of a SA acre trod of had out of tho Sontlstrest 1/4 of Sagan 84. NOA S-8, Ceflficate No. l b% l.A. Peoria CrWaal Grantee Lu6oek County. Tons eats lulu 25/ sae. n Cg1uw= Laud Strad a loafed Iw 5 Acres a s b � •a ae errww9 a M. sd 1/t am MD mom of a a ass Ind of fund not of dw SN/4 of Ose{Wt 24. Mau E-3 stir4 NW& Na soft fd ftm Otl&d Onata86 tLubback o Cow1f+ Tiesas ad bloc rears paeticdaegr dmm*d as DEC== A a f/r rad set far the " caw at ob aww nd n the Oaof0�Uw�a-r of twes Ir om r9 ZW4A4; TNf7tCC S O Or tS t a distance of 0 LW to a Vr red ail tae tba Sw carnet of we sarwr. 19M A IW W Sr Z a dbtaeea of 22L*V to a Vr red ad for am 58 eeme of Mis saraep Jana R0.1G of l2W SImL for IM NC amw of 06 aarrayr. TeE M S w of 2r t4 aisai 111a SaA11 RAW. of labd Strad a distance a l of SSW to 01 12 ofdad camshaft &a sow sttarC6 CIL BRIT SHOTiN 1{S =SUMrmND t00t-C sari SfivQ:T j.• (no 144-MO DON 11 POUCIAS aaaa,•1 RF.C.bj W PUWJC SUIM. R J4570 (Fawner - R6M7 & MUM) Page 2 of 3 ii 1 9 N FRANKFORD FARMS S379.29' OF TR 13 (LESS BLDG ONLY) AND FRANIKFORD FARMS TR 14 (LESS BLDG ONLY) Page 3 of 3 (Fawner - R69717 & A63745) FILED AND RECORDED OFFICIAL PIALIC RECORDS L.. L ubb kiiCaun,y�TEE.XX SClsrk 05/23/2916 10:62 0 66i7941 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 4030114t' Street, Station 19 located at 5826 98t' Street, and Station No. 14 located at 2402 96t' 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 governing 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 FY16-17 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 opts I 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 optl 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 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. 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 optl 4 Exhibit B 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 Exisdng 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'h 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, 126th 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 -Rate 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_optl 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 opti 7