HomeMy WebLinkAboutResolution - 2023-R0084 - Annexation Agreement for 7.46 acres, Loop 88 and UniversityResolution No. 2023-R0084 2023015315 19 PGS RESOL
Item No. 6.1 mill Ili RILJ&PAW `71W, KI 11111
February 14, 2023 1
CITY OF LUBBOCK - PLANNING RESOLUTION
COUNTER FILING
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, AARB, LLC, , and 14 Texas Real Estate, 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
C1
'ATTEST:
kebec a Gpx2a; City Secre
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
February 14, 2023
APPROVED AS TO FORM:
elli teishure, Senior Assistant City Attorney
ccdocslRES.AnnexationAgreement—AARB & 14 W TX RE
2.8.23
Resolution No. 2023-R0084
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF LUBBOCK, TEXAS
AND ARRB, LLC, A TEXAS LIMITED LIABILITY COMPANY AND 14 TEXAS REAL
ESTATE, LLC, A TEXAS LIMITED LIABILITY COMPANY
This Municipal Services Agreement ("Agreement") is entered into on 14th day of
February , 2023 by and between the City of Lubbock, Texas, a home -rule municipality of
the State of Texas, ("City") and ARRB, LLC and 14 Texas Real Estate, LLC ("Owners"),
collectively all 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 7.47 acres of land in the City's extraterritorial jurisdiction, such property
being more particularly described and set forth in Exhibit "A" attached hereto 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 written requests with the City for full -purpose annexation
of the Property, and said petitions for annexation are attached hereto and incorporated herein
("Petitions");
WHEREAS, the City and the Owners desire to set out the City services to be provided for
the Property on or after the effective date of annexation;
WHEREAS, the annexation and execution of this Agreement are subject to approval by
the Lubbock City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owners agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the annexation.
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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
2.0 miles from the proposed annexation with an approximate response time
of 3 to 4 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 5.1 miles from the proposed annexation with an
approximate response time of 6 to 7 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 would not require additional
Outdoor Warning System Sirens.
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 4030114th Street, and Station 17, located at 3241
63rd Street. Station No. 14 is approximately 2.0 miles from the proposed
annexation with an approximate response time of 3 to 4 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
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approximately 5.1 miles from the proposed annexation with an approximate
response time of 6 to 7 minutes. Emergency medical transport is provided
by the Lubbock County Hospital District.
iii. Police Services
a. Existing Services: None
b.Services to be Provided: The Police Department's responsibility for
responding to emergency and non -emergency law enforcement calls for
service and to provide law enforcement patrol coverage in an effort to
prevent, reduce, mitigate and solve crimes will extend to this area on the
effective date. These services can be provided within the department's
current budget.
iv. Building Safety Services
a. Existing Services: None
b.Services to be Provided: The Building Safety Department will provide
construction code enforcement services upon annexation. This includes
construction plan review and field inspection services and the issuance of
building, electrical, and plumbing/mechanical permits for any new
construction and remodeling, as well as enforcement of all other applicable
laws and codes that regulate building construction within the City of
Lubbock. 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 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.
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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
b.Services to be Provided: The City of Lubbock's Code Administration
department will implement the enforcement of local ordinances and
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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 annexation
area. The developer will receive offsets from impact fees as the adjacent
unpaved arterial roadway is built.
Page 5 of 11
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 Li hting
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
control devices will be provided after appropriate studies indicate the data
meets the minimum requirements as set forth in the Texas Manual on
Uniform Traffic Control Devices (TMUTCD) and as budget permits.
Page 6 of 11
xv. Water and Sanitary Sewer Services
a.Existing Services: None
b.Services to be Provided: Providing water service at this time will be
difficult, if possible. Additional analysis will be required to determine
feasibility. Much of this area is in a playa lake, so they will need to reclaim
whatever they can through cut and fill operations. As mentioned, a lift
station will likely be required to serve this area. Water and sewer
infrastructure is not currently adjacent to this area within the existing City
Limits. Availability of water and sewer is at the request and expense of the
user, and shall be provided within current policies and ordinances of the
City (note below for an explanation of pro-rata charges). Water and sewer
for domestic and commercial use, when installed, will be available at
approved City rates. Water for fire protection will be available through lines
only after service lines are installed by the developer.
Pro-Rata Charges:
Chapter 22, City Code establishes the charges or the actual cost of
construction due on all property to which water and/or sewer lines are
extended. The charge is generally known as "pro-rata" and is due and
payable before service is provided. The pro-rata charge represents a portion
of the costs of providing water and/or sewer facilities to serve the property
on which the pro-rata is paid. When a person desires water and/or sewer
service to property that requires an extension of existing facilities to provide
service adjacent to the property or when the service connection will be made
to a line constructed after April 1, 1952, the person desiring service shall
pay non-refundable charge called pro-rata. 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. Article 22.05
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
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.
Page 7 of 11
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 or upon the issuance of four -hundred
(400) building permits, whichever is first.
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.
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.
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.
Page 8of11
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 Owners represent that they have full power, authority and legal
right to execute, deliver and perform their obligations pursuant to this Agreement. Owners
acknowledge that approval of the annexation is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
5. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the Parties will be construed as if the part, term, or provision was never part of the
Agreement.
6. INTERPRETATION. The Parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of the Agreement will be
interpreted according to the laws of the State of Texas. The Parties acknowledge that they
are of equal bargaining power and that 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 parry'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.
Page 9of11
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:
i. The Landowner of the property must petition the City requesting the annexation of
Landowner's property;
ii. 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
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
Property Owners; 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.
Page 10 of 11
EXECUTED as of the Effective Date hereof.
TRAY PAYWE.d'GVi UR Thomas Pa
SUBSCRI ND SWORN TO BEFORE ME on the
day of day of jfAS,- , 202'5_, to
certify which witness my hand and official seal.
aq [Signature] ::"� Z -
.�nrn
ZACHARY RYAN LOPEZ
?� Notary Public, State of Texas Z—y�7
} Comm. Expires 02-27-2024 [Punted name] �( ti✓wa_
;��it, • Notary ID 132378684
Notary Public in and for
the State of Texas
ATTEST:
Rebe a Garza, City Secret
APPROVED AS TO CONTENT:
sten Sager, Directo f Planning
OVE.p S TO FORM:
elli Leisure, Assistant City Attorney
14 Texas Real Estate, LLC
Andrew Mitchell, Manager
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of day of , 20 , to
certify which witness my hand and official seal.
[Seaq [Signature]
[Printed name]
Notary Public in and for
the State of Texas
Page 11 of 11
EXECUTED as of the Effective Date hereof.
CTTY OF LUBBOCK
TRAY PAYNE, MAYOR
ATTEST:
Rebecca Garza, City Secretary
i r
APPROVED AS TO CONTENT:
1 few,
Kristen Sager, Director of Planning
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
ARRB, LLC
Thomas Payne, Manager
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of day of , 20 , to
certify which witness my hand and official seal.
[Seal) [Signature]
[Printed name]
Notary Public in and for
the State of Texas
14 xas Real Estate, LLC
Andrew Mitchell, Manager
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of L-�' day of , 20.2a, to
certify which witness my hand official seal.
SABRINA MALOTA
Notary ID #2952317
My Commission Expires
April 26, 2023
[Printed name]1Sdb/: nq
Notary Public in and for
the State of Texas
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