HomeMy WebLinkAboutResolution - 2019-R0063 - Terminating Chapter 212 - Michael Poster - 02/25/2019Resolution No. 2019-R0063
Item No. 8.6
February 25, 2019
RESOLUTION
WHEREAS, beginning in February 2016, the City Council of the City of Lubbock (the
"City Council") instituted annexation proceedings on approximately 2,393 acres of
primarily undeveloped land located between one-half mile east 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; 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, Michael R. Postar, 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
containing approximately seventeen (17) acres out of Section 5, Block AK, Lubbock
County, Texas and identified by the Lubbock Central Appraisal District reference number
R129250, 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 property described in "Exhibit A", including, but not limited to, an
annexation service plan.
Passed by the City Council on February 25, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secret ry
APPROVED AS TO CONTENT:
AJ Fawver, Director of Planning
APPROVED AS TO FORM:
hlL�i(/l-
Ke li Leisure, Assistant City Attorney
RES. Adoption — Ch. 212 Agreement Termination & Service Plan Preparation — R 129250
01,22.19