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HomeMy WebLinkAboutResolution - 2023-R0279 - Annexation Agreement for 2.986 acres north of Woodrow Rd and west of Quaker AveResolution No. 2023-RO279 Item No. 6.5 May 23, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Annexation Agreement, by and between the City of Lubbock, Red Canyon Development, 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 May 23, 2023 YOR ATTEST: Courtney Paz, City S6QWtary APPROVED AS TO FORM: W& r M� elli Leisure, Senior Assistant City Attorney ccdocs/RES.AnnexationAgreement Red Canyon & 14 TX 5.8.23 Resolution No. 2023-RO279 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND RED CANYON DEVELOPMENT, 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 23rd day of May , 2023 by and between the City of Lubbock, Texas, a home -rule municipality of the State of Texas, ("City") and Red Canyon Development, LLC, a Texas limited liability company ("Owner"), and 14 Texas Real Estate, LLC, a Texas Limited Liability 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 2.986 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: Page 1 of 11 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the annexation. 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. 16, located at 4030 114th Street, Station No. 14, located at 2402 96th Street, and Station No. 19, located at 5826 98th Street. Station No. 16 is approximately 5.0 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station 14 is approximately 6.0 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Station No. 19 is approximately 6.0 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. 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. 16, located at 4030 114th Street, Station No. 14, located at 2402 96th Street, and Station No. 19, located at 5826 98th Street. Station No. 16 is approximately 5.0 miles from Page 2 of 11 the proposed annexation with an approximate response time of 6 to 7 minutes. Station 14 is approximately 6.0 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Station No. 19 is approximately 6.0 miles from the proposed annexation with an approximate response time of 8 to 9 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 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 Page 3 of 11 services are authorized or offered outside of the City limits, including zoning. b.Services to be Provided: The Planning and Zoning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The annexed areas will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. 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: 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: 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 consideration, or g. when the City Council can declare a health hazard and install mains at public expense. Page 7 of 11 e.The annexation area may 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. 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. Page 8 of 11 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 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 Page 9of11 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 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 RED CANYON DEVELOPMENT, LLC Pad ATTEST: AA -A Fk- Co rtney Paz, City ecretary APPROVED AS TO CONTENT: 1��- tyl L' "ten Sager, Direct, irect f Planning APPROVED AS TO FORM: SUBSCRIBED AND SWORN TO BEFORE ME on the dayof '-te'' dayof 20 to certify which witness my hand and official seal. [Sean ESTHER JIMENEZ :Notary Public, State of Texas Comm. Expires 12-09-2026 [Signature] C ' 1 [Printed name]e] Mitt Notary Public in and for the State of Texas RED CANYON DEVELOPMENT, LLC Blake Womble, Co -Manager ' c 1 elli Leisure, Assistant City Attorney ignatu 14 TEXAS REAL ESTATE, LLC SUBSCRIBED AND SWORN TO BEFORE Thomas Payne, Manager ME on the day of _'�'I`� day of 20 23 , to certify which witness my hand and official seal. Signature o`"vQ11 ESTHER JIMENEZ :s-.' .0- tart' Public, State of Texas �= Comm. Expires 12-09-2026 SUBSCRIBED AND SWORN TO BEFORE %;����,; ME on the day of day of [Sean %..,,,,�a` 20 , to certify which witness my hand and official [Signature] seal. [Printed name] 1 irr [Sean [Signature] [Printed name] Notary Public in and for the State of Texas Notary Public in and for the State of Texas Page 11 of 11 ATTEST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: Kristen Sager, Director of Planning APPROVED AS TO FORM Kelli Leisure, Assistant City Attorney 14 TEXAS REAL ESTATE, LLC B �,rcPYew �LI�•Fchell, f'�.Gnr49er 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 RED CANYON DEVELOPMENT, LLC Blake Womble, Co -Manager Signature SUBSCRIBED AND SWORN TO BEFORE ME on the day of day of 20 , to certify which witness my hand and official seal. SUBSCRIBI,C AND SWORN TO BEFORE ME M.the day ol day of (Seal 20,, to certify which witness my han nd official [Signature] seal. [Seal) �IAA CA [Signature] [Printed name]V&f2y—&v Notary Public in and for the State of Texas [Printed name] Notary Public in and for the State of Texas JENNIFER GUERRERO My Notary ID # 123920383 +� ExP July 11, 2025 �* `°' I Page 11 of 11