HomeMy WebLinkAboutResolution - 2024-R0291 - Intent To Annex, 374.74 Acres South Of 146Th St And East Of Frankford Ave - 06/11/2024Resolution No. 2024-R0291
Item No. 6.2
June 11, 2024
RESOLUTION
WHEREAS, the City of Lubbock, Texas (the "City") is a home-rule municipality with
authority under state law and its charter to annex real property into its corporate limits; and
WHER�AS, representatives of the owners of certain developed real property (hereinafter
defined and referenced as the "Subject Area") outside the corporate limits of the City (the
"Highland Oaks Homeowner's Association" or "Highland Oaks HOA"), with widespread and
persistent water shortages, have expressed a desire to have the Subject Area annexed by the City;
and
WI IEItEAS, pursuant to Chapter 43 of Texas Local Government Code, Subchapter C-5,
the Highland Oaks IIOA has further petitioned the City to hold an election on the question of
annexation of the Subject Area; and
WHCREAS, pursuant to Chapter 43 of the Texas Local Government Code, the City is
required to establish a municipal services plan outlining the municipal services to be provided to
the Subject Area in the event the question of annexation of the Subject Area is answered in the
affirmative; and
WHEREAS, one critical component relating the provision of municipal services to be
provided to the Subject Area would be the provision of water utility services and the party
responsible for providing the necessary financial support for the water utility services; and
WHEREAS, in anticipation of a finally approved annexation of the Subject nrea, but as
a precondition thereto, the Highland Oaks HOA has proposed that the City of Lubbock create a
Public Improvement District ("PID"), with identical boundaries as the Subject Area, for thc
purposes of levying an assessment on all the properiies located therein, in amounts suffcient to
scrvice and retire all bonded indebtedness incurred by the PID to finance the construction of
infrastructure necessary to provide water service tu any property annexed; and
WH�IZEAS, the City Council finds that the City presently has no existing legal obligation
to providc water or other governmental services to the Subject Area, nor would any of the
activitics undertaken by thc City in anticipation of the rcqucstcd annexation create such legal
obligation for thc purposcs of Tcxas Local Govcrnmcnt Codc, Section 43.0699;
WI IEIZI;AS, the City Council believes it to be in the best interest of the City of Lubbock
to approve the municipal services plan attached hereto including the preconditions relating to the
tinancing of the construction and development of the water utility system to the Subject Area.
NOW TIILIZ�FORL BE IT RESOLVED BY TIIE CITY COUNCIL Ol� THC CITY OP
LUBBOCK:
THAT the City Council of the City of Lubbock, pursuant to Texas Local Government
Code, Section 43.0692, hereby expresses an intent to annex into Lubbock's corporate limits