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Home My WebLink AboutOrdinance - 2023-O0117 - LEDA Annexation Request Of 411 Acres - 09/26/2023�;�.,�� a�,w,� CQ (.LYl �n ORDINANCE NO. 2023-00117 Second Reading September 26, 2023 - Item No. 6.16 � � � � AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS OF � PROPERTY GENERALLY DESCRIBED AS APPROXIMATELY 411 ACRES, � ADJACENT TO THE CITY LIMITS OF THE CITY OF LUBBOCK, LUBBOCK � COUNTY, TEXAS, WITH SUCH PROPERTY BEING CONTIGUOUS TO THE .� EXISTING CITY LIMITS; PROVIDING FOR THE CORRECTION OF THE CITY � MAP TO INCLUDE THE AREA ANNEXED THROUGH THIS ORDINANCE; � PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. � WHEREAS, the City Council of the City of Lubbock (the "City Council"), received from the � property owners (the "Petitioners") of property generally described as approximately 411 � acres, adjacent to the city limits of the City of Lubbock, Lubbock County, Texas contiguous � to the city limits (the "Property"), a written petition requesting the annexation of the Area into � First Reading September 12, 2023 Item No. 6.2 the boundaries of the City of Lubbock; and WHEREAS, in accordance with Sec. 43.0672 of thc Texas Local Government Code, the City Council entered into an Amended Municipal Services Agreement (the "Agreement"), by and between the City of Lubbock and the Petitioners at the City Council's regularly scheduled meeting on September 12, 2023, with a copy of the Amended Agreement being attached to and incorporated herein as "Exhibit A"; and WHEREAS, the City Council directed that the annexation of the Property contemplated in the Amended Agreement be effectuated through this Ordinance; and WHEREAS, the City Council deems it to be in thc best interest of the citizens of the City of Lubbock to annex the Property into the City of Lubbock through this Ordinance; NOW THEREFORE, BE IT ORDAINED BY 1'HE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Property is hereby annexcd into, and included within, the corporate limits of the City of Lubbock, 7'cxas. Such Properiy is depicted and described in the attached "Exhibit A," and is incorporated herein for all intents and purposes. Such Property is contiguous to the existing corporate limits of the City of Lubbock, Texas. SECTON Z. THAT the City Council hereby declares it to be its purpose to annex into the City of Lubbock every part of the Property. Should this Ordinance for any reason be ineffective as to any part or parts of the Property hereby annexed into the City of Lubbock for full purposes, the ineffectivcness of this Ordinance as to any such part or parts shall not affect the effectiveness of this Ordinance as to the remainder of the Property. 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 Property annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary and the City �ngineer 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 Property 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 ORllERED. Passed by the City Council on first reading on September 12, 2023 Passed by the City Council on second reading on September 26, 2023 ATTEST: Courtney Paz, City Sec ta APPROVED AS TO CON'!'ENT: t Kr' ten Sager, Director ' Pl�nning APPROVED AS Tl� FORM: elli Leisure, Senior Assistant City Attorney Ord. Annexation -- LEDA Petition Annexation 2023 9.6.23 Page 2 of 2 -�.� - . • _. . e� E wt. T . -- ._. � xiu�•- y .�. �� ' �� -�-j� r S o �� .�,j �;� - � T ' � � V .�� ..�+ � [_• ..� �I � . � �� /� '-�W • � v � ",�,.r�, „J - � � � �� L�R`-�" - � " . ,. �i �"� -+ �, � - � � �i� ., . ; ;�;: ,, � �� o , N�•NITER AVE -, r . 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' . � � , i METES AND BOUNDS DESCRIPTION of a 105.867 acre tract of land, being all of that 105.44 acre tract and all of that 0.4146 acre tract, both being described under County Clerk File Number 2023026576, Official Public Records of Lubbock County, Texas, and a portion of F.M. Road 40 right-of-way as described in Volume 215, Page 187, Deed Records of Lubbock County, Texas, all being located in Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County, Texas, said 105.867 acre tract being further described as follows: BEGINNING at a 1/2" iron rod found in the East line of Section 4, Block A, at the Northeast corner of a 5.8 acre tract described under County Clerk File Number (CCFN) 2019027588, Official Public Records of Lubbock County, Texas (OPRLCT), for the Southeast corner of this tract, which bears N. 01°27'14" E. a distance of 964.86 feet from a 3/8" iron rod found at the Southeast corner of Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County, Texas; THENCE N. 88°39'34" W., along the Northern boundary of said 5.8 acre tract, a distance of 282.44 feet to a 1/2" iron rod found at the Northwest corner of said 5.8 acre tract and a corner of this tract; THENCE S. 01°28'08" W., along the Western boundary of said 5.8 acre tract, a distance of 153.87 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast corner of a 5.0 acre tract described under CCFN 2009024615 (Second Tract), OPRLCT, and a corner of this tract; THENCE N. 88°39'22" W., along the Northern boundary of said S.0 acre tract, at 279.81 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract and the Northeast corner of a 5.0 acre tract described under CCFN 2009024615 (First Tract), OPRLCT, at 562.03 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract and the Northeast corner of a 5.0 acre tract described under CCFN 2011030017, OPRLCT, at 844.34 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract and the Northeast corner of a 5.0 acre tract described under CCFN 2018044161, OPRLCT, at 1126.96 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract and the Northeast corner of a 5.0 acre tract described under CCFN 2014023968, OPRLCT, continuing for a total distance of 1409.61 feet to a 1/2" iron rod with cap marked "HRA" set in the Eastern boundary of a 5.6 acre tract described under CCFN 2014044724, OPRLCT, the Eastern boundary of a 30 foot ingress and egress easement described in Volume 4156, Page 173 of the Real Property Records of Lubbock County, Texas (RPRLCT), and a corner of this tract; THENCE N. 01°42'S5" E., along the Eastern boundary of said 5.6 acre tract and said East easement line, a distance of 91.52 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast corner of said 5.6 acre tract, the Northeast corner of said easement and a corner of this tract; THENCE N. 88°39'22" W., along the Northern boundary of said 5.6 acre tract and said easement, at 30.00 feet pass an 80 penny nail set for the Northwest corner of said easement, continuing for a total distance of 282.46 feet to a 1/2" iron rod with cap marked "HRA" set for the Northwest corner of said 5.6 acre tract and a corner of this tract; THENCE S. 01°42'S5" W., along the Western boundary of said 5.6 acre tract, a distance of 106.20 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast corner of a 1.0 acre tract described under CCFN 2017014380, OPRLCT, and a corner of this tract; THENCE N. 88°39'22" W., along the Northern boundary of said 1.0 acre tract and a 1.0 acre tract described under CCFN 2017014379, OPRLCT, at 287.96 feet pass a 1/2" iron rod found at the Northwest corner of said 1.0 acre tract and the Northeast corner of a 5.0 acre tract described under CCFN 2007029664, OPRLCT, continuing along the Northern boundary of said 5.0 acre tract, for a total distance of 575.97 feet to a 1/2" iron rod with cap marked "HRA" set for the Northwest corner of said 5.0 acre tract and a corner of this tract; THENCE S. 01°42'38" W., along the Western boundary of said 5.0 acre tract, at 756.57 feet pass a 1/2" iron rod found in the North right-of-way line of said F. M. Road 40 as described in Volume 215, Page 187, DRLCT, at the Southwest corner of said 5.0 acre tract, continuing for a total distance of 796.34 feet to a point in the South line of Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County, Texas, and in the Southern boundary of a 154.1 acre tract described in Volume 3972, Page 166, RPRLCT, said point also being in the North line of that portion of the present city limits as established by City of Lubbock Ordinance No. 2021-00093; THENCE N. 88°39'26" W., along the South line of said Section 4, the Southern boundary of said 154.1 acre tract, and said present city limits, a distance of 12.00 feet to a point for the Southwest corner of said 154.1 acre tract, the Southeast corner of a 0.3 acre tract described in Volume 6718, Page 262, RPRLCT, and Southwest corner of this tract; THENCE N. 01°42'38" E., along the Western boundary of said 154.1 acre tract and the Eastern boundary of said 0.3 acre tract, at 39.77 feet pass a 1/2" iron rod with cap marked "HRA" found in the North right-of-way line of said F.M. Road 40, at 277.50 feet pass the Northeast corner of said 0.3 acre tract and a corner of a 12.3 acre tract as described under CCFN 2016014044, OPRLCT, continuing along the Western boundary of said 154.1 acre tract, the Eastern boundary of said 12.3 acre tract, and the East right-of-way of Sumac Avenue dedicated by plat recorded in Volume 1051, Page 626, DRLCT, at 2360.94 feet pass a 1/2" iron rod with cap marked "HRA" set for the Southwest corner of a 0.4146 acre tract described in Volume 5093, Page 128, RPRLCT, at 2457.54 feet pass a 1/2" iron rod with cap marked "HRA" set for the Northwest corner of said 0.4146 acre tract, continuing along the Western boundary of said 154.1 acre tract and the East right-of-way line of said Sumac Avenue, for a total distance of 2634.52 feet to a 1/2" iron rod found in the Southern boundary of a 160 acre tract (the Northeast Quarter of said Section 4) described in Volume 1323, Page 548, DRLCT, at the Northwest corner of said 154.1 acre tract and the Northwest corner of this tract; THENCE S. 88°36'44" E., along the Southern boundary of said 160 acre tract and the Northern boundary of said 154.1 acre tract, a distance of 2554.35 feet to a 1/2" iron pipe found in the East line of said Section 4, at the Northeast corner of said 154.1 acre tract and this tract; THENCE S. 01°27'14" W., along the East line of said Section 4, a distance of 1667.63 feet to the Point of Beginning. Contains: 105.867 Acres METES AND BOUNDS DESCRIPTION of a 5.852 acre tract of (and being all of that 5.59 acre tract as described under County Clerk File Number 2021027876, Official Public Records of Lubbock County, Texas, and a portion of F.M. Road 40 right-of-way as described in Volume 215, Page 187, Deed Records of Lubbock County, Texas, all being located in Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County, Texas, said 5.852 acre tract being further described as follows: BEGINNING at a point in the South line of Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County, Texas, said point also being in the Eastern boundary of the present city limits as established by City of Lubbock Ordinance No. 2021- 00093, for the Southeast corner of this tract, which bears N. 88°39'26" W. a distance of 1695.80 feet from the Southeast corner of said Section 4; THENCE N. 88°39'26" W., along the South line of said Section 4 and the Eastern boundary of said present city limits, a distance of 282.46 feet to a point for the Southwest corner of this tract; THENCE N. 01°42'S5" E., at 39.74 feet pass a 1/2" iron rod found in the North right-of-way line of F.M. Road 40 as described in Volume 215, Page 187, Deed Records of Lubbock County, Texas, and the Southwest corner of a 5.59 acre tract as described under County Clerk File Number (CCFN) 2021027876, Official Public Records of Lubbock County, Texas (OPRLCT), at 796.33 feet pass a 1/2" iron rod with cap marked "HRA" set in the Southern boundary of a 105.33 acre tract as described under CCFN 2021015592, OPRLCT, continuing along the Southern boundary of said 105.33 acre tract and the Western boundary of said 5.59 acre tract for a total distance of 902.53 feet to a 1/2" iron rod with cap marked "HRA" set for a corner of said 105.33 acre tract, the Northwest corner of said 5.59 acre tract and the Northwest corner of this tract; THENCE S. 88°39'22" E., along the Southern boundary of said 105.33 acre tract and the Northern boundary of said 5.59 acre tract, a distance of 282.46 feet to a 1/2" iron rod with cap marked "HRA" set for a corner of said 105.33 acre tract, the Northeast corner of said 5.59 acre tract and the Northeast corner of this tract; THENCE S. 01'42'S5" W., continuing along the Southern boundary of said 105.33 acre tract and the Eastern boundary of said 5.59 acre tract, at 91.52 feet pass a 1/2" iron rod with cap marked "HRA" set for a corner of said 105.33 acre tract, continuing along the Eastern boundary of said 5.59 acre tract, at 862.80 feet pass 1/2" iron rod found in the North right-of-way line of said F.M. Road 40, at the Southeast corner of said 5.59 acre tract, continuing for a total distance of 902.53 feet to the Point of Beginning. Contains: 5.852 Acres METES AND BOUNDS DESCRIPTION of a 299.10 acre tract, being that same tract described in Volume 7653, Page 50 of the Official Public Records of Lubbock County, Texas, located in Section 23, Block A, John H. Gibson Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a"cross hatch" nail with washer marked "HRA" set for the Northwest comer of Section 23, Block A, John H. Gibson Survey, Lubbock County, Texas, same being the Northwest corner of this tract; THENCE N. 89°59'S7" E., along the North line of said Section 23, a distance of 2622.52 feet to a 1/2" iron rod found at the Northwest corner of an 11.8 acre tract described under County Clerk File No. 2020033841 of the Official Public Records of Lubbock County, Texas, and the Northeast corner of this tract; THENCE S. 00°01'31" W., along the Western boundary of various tracts, at 50.00 feet pass a 1/2" iron rod with cap marked "HRA" set in reference, at 2623.90 feet pass a 3/4" iron pipe found at the Southwest comer of a 1.0 acre tract described under County Clerk File No. 2008020881 of the Official Public Records of Lubbock County, Texas and the Northwest corner of a 40.0 acre tract described under County Clerk File No. 2018048217 of the Official Public Records of Lubbock County, Texas, continuing along the Western boundary of said 40.0 acre tract for a total distance of 4924.86 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast comer of a 0.6 acre tract described under County Clerk File No. 2017020118 of the Official Public Records of Lubbock County, Texas and the most Easterly Southeast corner of this tract; THENCE West, along the Northern boundary of various tracts, continuing for a totaf distance of 1063.21 feet to a 112" iron rod with cap marked "HRA" set for the Northwest comer of a 1.3 acre tract described in Volume 3464, Page 252 of the Real Property Records of Lubbock County, Texas and an "ell" corner of this tract; THENCE South, along the Western boundary of said 1.3 acre tract and a 0.3 acre tract described in Volume 6671, Page 146 of the Real Property Records of Lubbock County, Texas, a distance of 300.00 feet to a 1/2" iron rod with cap marked "HRA" set in the North line of a 40 foot right-of- way easement described in Volume 215, Page 189 of the Deed Records of Lubbock County, Texas, for the Southwest comer of said 0.3 acre tract and the most Southerly Southeast corner of this tract; THENCE West, along said easement line, a distance of 135.39 feet to a 3/4" iron pipe found at the Southeast corner of a 1.4 acre tract described in Volume 423, Page 336 of the Deed Records of Lubbock County, Texas, and a corner of this tract; THENCE North, along the Eastern boundary of said 1.4 acre tract, a distance of 300.00 feet to a 112" iron rod with cap marked "HRA" set for the Northeast comer of said 1.4 acre tract and an "ell" corner of this tract; THENCE West, along the Northern boundary various tracts, a distance of 1088.00 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" corner of a 1.5 acre tract described under County Clerk File No. 2009030777 of the Official Public Records of Lubbock County, Texas and an "ell" comer of this tract; THENCE North, along the Northern boundary of said 1.5 acre tract, a distance of 29.89 feet to a 3/8" iron rod found at the Northwest comer of said 1.5 acre tract and a corner of this tract; THENCE S. 45°57'07" W., along the Western boundary of said 1.5 acre tract, a distance of 474.47 feet to a 1/2" iron rod with cap marked "HRA" set in said easement line, for the Southwest corner of said 1.5 acre tract and a corner of this tract; THENCE West, along said easement line, a distance of 5.79 feet to a 1/2" iron rod with cap marked "HRA" set in the West line of said Section 23 for the Southwest corner of this tract; THENCE N. 00°08'36" E., along the West line of said Section 23, at 5174.84 feet pass a 1/2" iron rod with cap marked "HRA" set in reference, continuing for a total distance of 5224.84 feet to the Point of Beginning. Resolution No. 2023-R0452 Item No. 6.1 September 12, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of thc City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of I.ubbock, an Amended Municipal Services Agreement, by and between the City of Lubbock and the Lubbock Economic Development Alliance, Inc., and related documents. Said Agrcement 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 _____.__S�ember 12, 2023 TRA' ATTEST: Cou ney Paz, City Se ary AP�'ROVED AS TO CONT}:N1': �-`C < . Erik Rejino, Assistar.t City Manager AS TO FORM: � � � Leisure, Senior Assistant City Attorney ccdocs/RES.Amended MS Agreement I.GDA 9.6.23 Resolution No. 2023-R0452 AMENDEDED MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK,TEXAS AND LUBBOCK ECONOMlC DEVELOPMENT ALLIANCE, INC. This Amended Municipal Services Agreement ('`Agreement") is entered into on 1�� day of � , 2023 by and between the City of Lubbock, Texas, a home-rule municipality of the tate of Texas, ("City") and Lubbock Economic Development Alliance, Inc. ("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 previously petitioned the City to annex approximately 106 acres in the extraterritorial jurisdiction of the City, and on August 22, 2023, via Resolution No. 2023- R0417 the City approved a municipal services agreement detailing services to be provided to the Property upon annexation; WHEREAS, the Owner has need to amend the Agreement that was entered into on August 22, 2023 to include more area to the Property to support ongoing economic developmettt initiatives; WHEREAS, the Owner owns a certain parcel of land situated which consists of an additional 305 acres of land in the City's extraterritorial jurisdiction which shall be added to the Property in Agreement entered into on August 22, 2023, for a total of approximately 411 acres requested for annexation, with the total area of 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 the Property, the City is required to enter into a written agreement with the property owner that sets forth the City services to be provide� 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, Exhibits "A-B" attached herein to this Amendment fully replace the original Exhibits in the previously-approved Agreement; WHEREAS, the City and the Owner desire to set out the City services to be provided for Page 1 of 12 the Property on or after the effective date of annexation; WHEREAS, the annexation and execution of this Amended 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 Amended 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 Amended 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 Amended 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. 5, located at 1101 Zenith Ave, Station No. 2, located at 1515 E. Ursuline Street, and Station No. 10, located at 4810 MLK Blvd. Station No. 5 is approximately 1.8 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station 2 is approximately 3.1 miles from the proposed annexation with an approximate response time of 4 to 5 minutes. Station No. ] 0 is approximately 4.0 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 Prevenrion activities will be provided by the Fire Marshal's office as needed. ii. First Responder Emer�encYMedical Services a. Existing Services: None Page2of12 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. 5, located at 1 l01 Zenith Ave, Station No. 2, located at 151 S E. Ursuline Street, and Station No. 10, located at 4810 MLK Blvd. Station No. 5 is approximately 1.8 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station 2 is approximately 3.1 miles from the proposed aru�exation with an approximate response time of 4 to 5 minutes. Station No. 10 is approximately 4.0 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. First Responder Emergency Medical Services can be afforded to the annexed area with an acceptable response time within current appropriation. 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 cunent budget. iv. Buildin S�afety Services a. Existing Services: None b. Services to be Provided: The Building Safety Deparhnent 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 pemuts 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 Page 3 of 12 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. 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 wilt 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 deternunation of updated information for 911 Dispatch. Updated GIS information that is public will also be reflected on the GIS mapping website for citizens. vii. PubliclyOwned 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. Page 4 of 12 viii. Code Administration Services a. Exisling Services: None 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 Departrnent Services a. Existing Services: None b. Services to be Provided: The City of Lubbock's Environmental Health Deparhnents 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. Cunently, the area is under the jurisdiction of the Lubbock County SherifPs 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 b y t h e O w n e r along with the development with interconnectivity to adjacent paved arterial streets. The pavement structure will require an appropriate Page 5 of 12 pavement design meeting a minimum design standard for an arterial street. These roadways will be required to be built by the Owner once any connection including streets or alleyways is made to the unpaved arterial road by the voluntary annexation area. The Owner of the Property will receive offsets from impact fees as the adjacent unpaved arterial roadway is built. c. Proposed Access: The Owner shall avoid routing commercial traffic through the surrounding residential areas. The Owner shall dedicate full Right of Way for an Arterial section (100') along Wood Ave, and build the full Collector section along Wood Ave from East 4th Street to East Erskine. If the Owner cannot acquire access to East 4th Street along Wood Ave, the Collector may diverge from a North/South orientation and connect to East 4th Street through R52519 and/or R40399. The full Collector Right of Way and pavement widths are specified in Plate No. 38-1 in the City of Lubbock Engineering Minimum Design Standards and Specifications. The Owner shall provide through access from East 4th Street to East Erskine Street to facilitate commercial traffic and provide access for emergency services. The Owner shall dedicate 50' of Right of Way along East Erskine Street from Wood Ave to CR 2900 in conformance with the Master Thoroughfare Plan. xii. Storm Water ManaQement 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, the Owner shall provide plans for addressing the conveyance of storm water drainage. The Development Engineering staff shall review the drainage plans for compliance with the current drainage regulations and policies. Any major improvements for conveyance shall 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 shall review 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 Staf�. There is a playa lake on this property and at a Page 6 of 12 minimum, the Drainage Criteria Manual shall be followed to address any storm water flow. Dedication of a Storm Water Drainage and Impoundment Easement shall be required for the playa lake and conveyance paths. 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 Engineerin�, 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 pernuts. 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 Owner. If estimated water usage, sewer discharge rates, and sewer quality data is submitted, requirements may need to be adjusted. c. Required Improvements: 1. The Owner shall connect to the existing 12" water line in East 4th Street, which shall be extended along Auburn from Sumac to Wood Ave; 2. A second 12" feed shall be installed by the Owner. There is an Page 7 of 12 existing 12" line along N Loop 289 near N Guava Ave; 3. Owner shall conduct a water and sewer study to ensure such services to the property are available. Nearly all of the proposed annexation is outside of the City's current Water and Sewer Models and Master Plans for Capital projects; 4. Water shall be looped appropriately to ensure adequate fire flows as well as assuring no dead-end water mains are left within the system once developed. The Owner shall install the loop within three (3) years oP installation of a dead-end water main or upon the issuance of four-hundred (400) residential building permits, or three (3) commercial building permits, whichever is first; and 5. The Owner of the Property shall install 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 that serves this area shall be master planned with all LEDA-owned property surrounding the Property to accommodate full build-out flows, unless the lift station is to remain private. Sewer shall ultimately discharge into the existing 24" sewer interceptor nearby that runs N/S along Olive Ave and crosses East 4th Street. 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 propeRy that requires an extension of existing facilities to provide service adjacent to the properly 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 Page8ofl2 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. 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 azea of annexation, impact to services has been deternuned to be gradual. Additional driver and equipment can be expected as new residential unit structures are occupied, and an increase in staffing and equipment will be needed for traditional alley/dumpster collection as development continues within this proposed annexation area and exceeds route collection averages. Should this annexation include no alley residential development or until alleys are serviceable, residential waste collection will be provided with carts and additional driver will be required when 2,000 residential unit structures are occupied. 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 Amended Agreement. Owner acknowledge that approval of the annexation is within the sole jurisdiction of the City Council. Nothing in this Amended Agreement guarantees favorable decisions by the City Page 9 of 12 Council. 5. SEVERABILITY. If any part, term, or provision of this Amended 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 Amended Agreement covenant and agree that in any litigation relating to this Amended Agreement, the terms and conditions of the Amended Agreement will be interpreted according to the taws 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 Amended 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 Govemment Code Chapter 43. 8. NO WAIVER. The failure to either party to insist upon the performance of any term or provision of this Amended 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 Amended Agreement, the City does not waive or surrender any of its governmental powers or immunities. 10. COUNTERPARTS. This Amended 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 Amended Agreement are for informational purposes only and shall not alter the substance of the term and conditions of this Amended 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 Amended Agreement constitutes covenants running with the land comprising the Properties and is binding on the Owner. � 1 1 : � 1 ► � ' : ► a : � 1 1 /__ .0 \ U I_ \ _ 1 1 _ _ _ _ I I - A. The City discloses that the Landowner is not required to enter into this agreement, Page 10 of 12 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 Govemment 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 putpose of adjudicating a claim for breach of the agreement. 14. ENTIRE AGREEMENT. This Amended Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between said Parties. This Amended Agreement shall not be amended unless executed in writing by all Parties. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK LUBBOCK ECONONIMC DEVELOPMENT ALLIANCE, INC. TRA , MAYOR ohn Os rne, Chief Executive Officer , Pa 12 ATTEST: C ey Paz, City Se ary (as to John Osbome signature) SUBSCRIBED AND SWORN TO BEFORE ME on the � day of `1'°' day of , 20�, to certify which witness my and and official seal. (SeaQ APPROVED AS TO CONTENT: ' ten Sager, Director Planning . � � . • � _ : � : / �i� �� , . . Ji;- I - �� - , - - , �, Page 12 of 12 Notary Public in and for the State of Texas � :��"°��: KAREN EDWARDS � : Notary Public. State of Texas � Notary ID� 1340513pg �i'�l b�.�� ''�%;; �° ;��`' A�' Comm�ssron Ezp�res t 1-04-2p26 FILED AND RECORDED OFFICIAL PUBLIC RECORDS * ; �=�`�'�� c_. Kelly Pinion County Clerk Lubboek Coun�y TEXRS 10/09/2023 08:�7 AM FEE: g108.00 2023038930