HomeMy WebLinkAboutOrdinance - 2022-O0140 - Annexation From Lone Oak Homes, 144 Acres East 82Nd St. And MLK - 09/27/2022First Reading
Item No. 6.2
September 13, 2022
Second Reading
Item No. 6.12
September 27, 2022
ORDINANCE NO. 2022-00140 N
AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS OF AN M A
AREA GENERALLY DESCRIBED AS APPROXIMATELY 144 ACRES IN THE 11- m
CITY OF LUBBOCK'S EXTRATERRITORIAL JURISDICTION, LUBBOCK M
COUNTY, TEXAS, WITH SUCH AREA BEING CONTIGUOUS TO THE EXISTING o
CITY LIMITS; PROVIDING FOR THE CORRECTION OF THE CITY MAP TO 3iH
INCLUDE THE AREA ANNEXED THROUGH THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. o
WHEREAS, the City Council of the City of Lubbock (the "City Council"), received from the _~
property owner (the "Petitioner") of an area of land generally described as approximately 144
acres in the City of Lubbock's extraterritorial jurisdiction, Lubbock County, Texas
contiguous to the city limits (the "Area"), a written petition requesting the annexation of the
T
Area into the boundaries of the City of Lubbock; and
WHEREAS, in accordance with Sec. 43.0672 of the Texas Local Government Code, the EF
City Council entered into an Annexation Agreement (the "Agreement"), by and between the
City of Lubbock and the Petitioner at the City Council's regularly scheduled meeting on =_
August 9, 2022, with a copy of the Agreement being attached to and incorporated herein as —
"Exhibit A"; and
WHEREAS, the City Council directed that the annexation of the Area contemplated in the
Agreement be effectuated through this Ordinance; and
WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of
Lubbock to annex the Area into the City of Lubbock through this Ordinance; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Area is hereby annexed into, and included within, the corporate
limits of the City of Lubbock, Texas. Such Area is depicted and described in the attached
"Exhibit B," and is incorporated herein for all intents and purposes. Such Area is contiguous
to the existing corporate limits of the City of Lubbock, Texas.
SECTON 2. THAT the City Council hereby declares it to be its purpose to annex into the
City of Lubbock every part of the Area. Should this Ordinance for any reason be ineffective
as to any part or parts of the Area hereby annexed into the City of Lubbock for full purposes,
the ineffectiveness of this Ordinance as to any such part or parts shall not affect the
effectiveness of this Ordinance as to the remainder of the Area.
SECTION 3. THAT the City Engineer, or his designee, is hereby authorized and directed to
correct the map of the City of Lubbock by adding thereto the Area annexed by this
Ordinance, indicating on the map the date of annexation and the number of this Ordinance.
The City Secretary and the City Engineer shall each keep in their respective offices an official
map of the City of Lubbock showing the boundaries of the municipal corporation, including
this annexation.
SECTION 4. THAT upon the effective date of this Ordinance, any current or future
inhabitant of the Area shall be entitled to the rights and privileges of other citizens of the City
of Lubbock, Texas and shall be bound by the acts and ordinances adopted by the City of
Lubbock, Texas.
SECTION 5. THAT should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on
September 13, 2022
Passed by the City Council on second reading on September 27, 2022
ATTEST:
Reb cca Garza, City Se"
APPROVED AS TO CONTENT:
Sager, Director 9+ Planni
Page 2 of 3
APPROVED AS TO FORM:
YIA &!��
K Ili Leisure, Assistant City Attorney
Ord. Annexation -- Lone Oak Homes Petition Annexation
8.25.22
Page 3 of 3
82nd Street Section 6, Block E
OCFN 20I5001914
O
N
eF
N
U
1COORDINATES\.SECTIONBLOCK\BIock E\IOWAIW
SECnON 7�Sechon 7 Bbck E March 2021 Reduced CRD.dwg, 5/23/2022 3:57:50 PM, SHARP MX•2300N PCL6
ENGINEERING
ASACUZ SURVEYING
Texas Surveying No. 101153-00
Texas Engineering Firm No. 4368
2737 81 ST STREET LUBBOCK, TEXAS 79423
(806) 745-7670
FIELD NOTES for a 144.16 acre tract of land out of Section 7, Block E, G.C. & S.F. R.R. Co. Survey,
Lubbock County, Texas and being more particularly described as follows:
BEGINNING at a point in the Lubbock City Limits as described in City of Lubbock Ordinance Number
2544, adopted September 11, 1958 and the West line of the 14.91 acre tract described in Lubbock
County Clerk File Number (CCFN) 2015028276, for the most Northerly Northeast comer of this tract from
which the Northeast corner of Section 7 bears N 01° 11' 25" E(Texas North Central Zone Bearing Basis),
150.01 feet and S 880 08' 39" E, 864.00 feet;
THENCE S 01611'25" W, with a Westerly line of the 14.91 acre tract, 527.88 feet to a found 1/2' iron rod
for a comer of this tract;
THENCE S 88021'20" E, with a Southerly line of the 14.91 acre tract, 699.93 feet to a found iron rod with
orange cap for a comer of this tract.
THENCE S 02042'08" W, 418.20 feet to the most Southerly Southwest corner of the 14.91 acre tract and
a corner of this tract,
THENCE S 01'45'24" W, with the West line of the 0.53 acre tract described in CCFN 2015001914, a
distance of 140.22 feet to a found iron rod with yellow cap for the Southwest comer of the 0.53 acre tract
and a corner of this tract;
THENCE S 87024'09" E, with the South line of the 0.53 acre tract, at 164.52 feet pass the East line of
Section 7 and the West line of County Road 2500 (Martin Luther King Boulevard), in all 224.52 feet to a
point in the East line of County Road 2500 for the most Easterly Northeast corner of this tract;
THENCE S 01 04444" W, with the East line of County Road 2500(Martin Luther King Boulevard), 525.35
feet to the Southeast comer of this trac t;
THENCE N 88'06'19" W, at 60.00 feet pass the Northeast corner of the 53.327 acre tract described in
Volume 7362, Page 268, Lubbock County Official Public Records (LCOPR), continuing, with the North
line of the 53.327 acre tract, 2699.80 feet to a found iron rod with yellow cap for a comer of this tract;
THENCE S 01043'06" W, with the West line of the 53.327 acre tract, 880.00 feet to a found iron rod with
yellow cap for the Southwest corner of the Northeast Quarter (NE/4) of Section 7 and the most Southerly
Southeast corner of this tract;
THENCE N 8800656" W, with the South line of the Northwest Quarter (NW/4) of Section 7, at a distance
of 1320.18 feet pass a found iron rod with yellow cap, in all 1350.18 feet to the Southwest comer of this
tract;
THENCE N 01 057'33" E, with the West line of County Road 2420, a distance of 1316.83 feet to the most
Westerly Northwest corner of this tract;
THENCE S 88007'05" E, at 30.00 feet pass a found iron rod with yellow cap, continuing along the South
line of the two tracts described in Volume 5848, Pages 61 and 63, Lubbock County Real Property
Records(LCRPR), 689.03 feet to a found 1/2" iron rod for a corner of this tract;
THENCE N 01 05T3l" E. with the East line of the tract described in Volume 5848, Page 63, LCRPR,
1171.75 feet to a point in the Lubbock City Limits line as described in City of Lubbock Ordinance Number
2544, adopted September 11, 1958, for the most Northerly Northwest corner of this tract;
THENCE S 88°08'39" E, with the said City Limits line and being 150 feet South of a parallel with the North
line of Section 7, Block E, 2428.71 feet to the PLACE of BEGINNING and containing 144.16 acres.
These Notes are based on a survey made on the ground February 22, 2022.
Jonathan M. Cieszinski, RPLS 4460
May 23, 2022
W,
OF),�
irFRc�Z�s
J•Aq: CIESZjN
•�K!
.e 4460
SURV� e,.
Resolution No. 2022-RO343
Item No. 7.2
August 9, 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 j
and on behalf of the City of Lubbock, an Annexation Agreement, by and between the City of
Lubbock and Lone Oak Homes, LC, 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
ATTEST:
Rebekca Garza, City S ecrd�)y
APPROVED AS TO CONTENT:
e
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
PA
eUi Leisure, Assistant City Attorney
August 9.2022
ccdocs/RES.AmexationAgeement Lone Oak Homes
7.25.22
Resolution No. 2022-RO343
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF LUBBOCK, TEXAS
AND LONE OAK HOMES, LC, A TEXAS LIMITED COMPANY
This Municipal Services Agreement ("Agreement") is entered into on day of
5-, Ly , 2022 by and between the City of Lubbock, Texas, a home -rule municipality of
the State of Texas, ("City") and Lone Oak Homes, LC, a Texas limited company ("Owner"),
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 Owner owns a certain parcel of land situated in Lubbock, Texas which
consists of approximately 144 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 owner that sets forth the City services to be provided for the
Property;
WHEREAS, Owner has 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 Owner 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 Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the annexation.
Page 1 of 11
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.
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. 10,
located at 4810 Martin Luther King Blvd., Station No. 14, located at 2402
96th Street, and Station 8, located at 2120 50th Street. Station No. 10 is
approximately 2.4 miles from the proposed annexation with an approximate
response time of 3 to 4 minutes. Station 14 is approximately 3.4 miles from
the proposed annexation with an approximate response time of 5 to 6
minutes. Station No. 8 is approximately 3.8 miles from the proposed
annexation with an approximate response time of 5 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. This
annexation will require the addition of 1 (one) Outdoor Warning System
siren.
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. 10, located at 4810 Martin
Luther King Blvd., Station No. 14, located at 2402 96th Street, and Station
8, located at 2120 50th Street. Station No. 10 is approximately 2.4 miles
from the proposed annexation with an approximate response time of 3 to 4
minutes. Station 14 is approximately 3.4 miles from the proposed
Page 2 of 11
annexation with an approximate response time of 5 to 6 minutes. Station
No. 8 is approximately 3.8 miles from the proposed annexation with an
approximate response time of 5 to 6 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 of annexation. 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.
Page 3 of 11
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.
viii. Code Administration Services
a. Existing Services: None
Page 4 of 11
b.Services to be Provided: The City of Lubbock's Code Administration
department 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 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. Environmental Health Department Services
a. Existing Services: None
b.Services to be Provided: The City of Lubbock's Environmental Health
Departments will implement the enforcement of local, state, and federal
rules, regulations, and ordinances on the effective date of the annexation.
Such services can be provided with current Environmental 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.
X. 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.
xi. 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: Newly annexed areas adjacent to, or bordering,
unpaved arterials will require a two-lane section of roadway to be built
along with the development with interconnectivity to adjacent paved arterial
streets. The pavement structure will require an appropriate pavement
design meeting a minimum design standard for an arterial street. These
roadways will be required to be built once any connection including streets
or alleyways is made to the unpaved arterial road by the voluntary
Page 5 of 11
annexation area. The developer will receive offsets from impact fees as the
adjacent unpaved arterial roadway is built.
xii. 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.
xiii. 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.
xiv. 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
Page 6 of 11
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.
xv. 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. 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.
c.Both Water and Sewer will require a study in order to assure services to the
voluntary annexation. Nearly all the voluntary annexation area is outside
of our current Water and Sewer Models and Master Plan for potential
Capital Projects.
d.Water will need to be looped appropriately to ensure appropriate fire flows
as well as assuring no dead end water mains are left within the system once
developed. The water loop will be required within three (3) years of
installation of a dead end water main.
e. The annexation area will require a lift station in order to receive sewer
services. The lift station shall be sized as to minimize the number of lift
stations which will be turned over to the City of Lubbock. The Lift Station
will service the entirety of the voluntary annexed area if feasibly possible.
xvi. 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.
Page 7 of 11
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 maybe asked
to assist with infrastructure for residential waste collection, i.e. carts or
dumpsters.
c.Service Route: Until such time as adjacent unpaved roadways are built all
City Solid Waste services will be routed through and upon Paved Arterial
Roadways only. Solid Waste will not route trucks down unpaved roadways
to service alleyways in any case.
B. It is understood and agreed that the City is not required to provide a service that is not
included in this agreement.
C. Owner understands and acknowledges 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.
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
Page 8 of 11
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 Landowner is not required to enter into this agreement,
however if the Landowner desires 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 Landowner's property upon the
Landowner's request;
C. The procedural mechanisms in order to annex the Landowners property shall be as
follows:
1. The Landowner of the property must petition the City requesting the
annexation of Landowner's property;
2. If the City desires to annex Landowner's 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
Page 9 of 11
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
Landowner; 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.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Tk7kf P , MAYOR
ATTEST:
keb cca Garza, Cify Sec
APPROVED AS TO CONTENT:
gui�L '�o
tn Sager, Director f Planning
George Hardberger, Lone Oak Homes, LC,
Manager
SignatuJ
SUBSCRIBED AND SWORN TO BEFORE ME on the
day off day of 751,z y , 20,gg, to
certify which witness my hand and official seal.
...............ZSMITHMy N[SeExp
[Signature]
[Printed name] I11 e"1V &OV/7-W __
Notary Public in and for
the State of Texas
Page 10 of 11
APPROVED AS TO FORM:
OelfiLeisure, Assistant City Attorney
Theresa Atiee, Lone Oak Homes, LC, Manager
SUBSCRIBED AND SWORN TO BEFORE
ME on the day of,°day of -, c Z
20,;W , to certify which witness my hand and official
t' i?`•'p� `":: DIANA SMITH
My Notary ID # 2097812
E*kw AprH 26, 2024
[Signature]
[Printed name] rU/�Pr✓�4 �J�/>.�
Notary Public in and for
the State of Texas
Page 11 of 11
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
10/03/2022 02:19 PM
gg120220649
:�'� �s anri�+.....%+s:.✓..:.....;na=�.�i�.ioi,.w.r.-n�., a.a:.:aa'n ,, ..