HomeMy WebLinkAboutResolution - 2025-R0352 - MSA, Betenbough Homes, And Starlight Dev., Annexation 8.82 Acres - 07/22/2025Resolution No. 2025-R0352
Item No. 7.7
July 22, 2025
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, a Municipal Services Agreement, by and between the
City of Lubbock, Betenbough Homes, LLC and Starlight Development, 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 July 22, 2025
..��
ARK W. MCBRAYER, MAYOR
ATTEST:
Courtney Paz, City Secretary �
APPROVED AS T9 CONTENT:
Sager, Director � Planning
APPROVED AS TO FORM:
�� ��i/�� --
Matthew L. Wade, City Attorney
ccdocs IIIRES.Agrmt-Betenbough Homes and Starlight Development
July 7, 2025
Resolution No. 2025-R0352
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF LUBBOCK, TEXAS
AND BETENBOUGH HOMES, INC. AND STARLIGHT DEVELOPMENT, LLC
This Municipal Services Agreement ("Agreement") is entered into on 22nd day of
July , 2025 by and between the City of Lubbock, Texas, a home-rule municipality of
the State of Texas, ("City") and Betenbough Homes, LLC and Starlight Development, LLC
("Owners"), 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, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code ("LGC");
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area when each
owner of land in an area requests the annexation;
WHEREAS, the Owners own certain land situated in Lubbock County, Texas which
consists of approximately 8.82 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(s) that sets forth the City services to be provided for
the Property;
WHEREAS, Owners have f led a written request with the City for full-purpose annexation
of the Property, and said petitions for annexation is set forth in "Exhibit B", attached to and
incorporated herein ("Petition");
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 THETtEFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owners 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 state law, which may be
accomplished through any means permitted by law.
3. MUNICIPAL SERVICES PLAN
Commencing on the effective date of annexation, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having services
provided by any method or means by which the City may extend municipal services to any
other area of the City, including the City's infrastructure extension policies and developer or
property owner participation in accordance with the applicable city ordinances, rules,
regulations, and policies.
Fire Services
a.Existing Services: None
b.Services to be Provided: Fire suppression will be available to the area upon
annexation. Primary fire response will be provided by Fire Station No. 19,
located at 5826 98th Street, Station No. 16, located at 4030 114th Street,
and Station #20, Located 3210 142nd Street. Station No. 19 is
approximately 3.6 miles from the proposed annexation with an approximate
response time of 6 minutes. Station No. 16 is approximately 4.6 miles from
the proposed annexation with an approximate response time of 7 minutes.
Station 20 is approximately 5.3 miles from the proposed annexation with an
approximate response time of 8 to 9 minutes. Although fre suppression
activities can generally be afforded to the annexed area within current
appropriation and within response standards described in NFPA 1710, the
ability to meet the standard is marginal at this location. As this area is
developed, an additional fre station to service this area will need to be
considered. Fire Prevention activities will be provided by the Fire Marshal's
office as needed.
ii. First Responder Emer�ency Medical Services
a.Existing Services: None
b.Services to be Provided: Lubbock Fire Rescue is a Basic and Advanced Life
Support (BLS and ALS) First Responder (non-transport) Organization. BLS
Page 2 of 11
and ALS First Responder emergency medical response will be provided by
Fire Station No. 19, located at 5826 98th Street, Fire Station No. 16, located
at 4030 114th Street, and Station No. 20, Located 3210 142nd Street. Station
No. 19 is approximately 3.6 miles from the proposed annexation with an
approximate response time of 6 minutes. Station No. 16 is approximately
4.6 miles from the proposed annexation with an approximate response time
of 7 minutes. Station 20 is approximately 5.3 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 through UMC EMS.
iii. Police Services
a.Existing Services: None
b.Services to be Provided: The Lubbock Police Department has jurisdictional
law enforcement responsibility and frst responder designation. Calls for
police services wi(I be provided by the South Patrol Division, with
secondary services provided by the North Patrol Division and tertiary
services provided by the East Patrol Division. Law enforcement services
can be provided to the annexed area within current appropriation, however
with the increase in land mass and population, an appreciable yet modest
increase in call response times, crimes rate, crimes per thousand population,
and traffic related calls should be expected and anticipated. Expansions of
authorized police staffing and support services need to be considered for
this and future annexations, including an analysis of the ratio of officers per
population.
iv. Buildin� Safetv 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.
Page 3 of 11
v. Plannin� and Zoning Services
a.Existing Services: Subdivisions of land within the five-mile extraterritorial
jurisdiction (ETJ) of the city are required to have a plat of the subdivision
prepared in accordance with the City of Lubbock subdivision regulations.
Currently, plats and subdivisions in the ETJ are approved by the Planning
and Zoning Commission, as well as the County Commissioner's Court, as
may be dictated by applicable state statutes and City ordinances. Similarly,
signs and billboards are regulated within the ETJ pursuant to the City's sign
ordinance, as authorized by State law. No other Planning department
services are authorized or offered outside of the City limits, including
zoning.
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 Offce 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
Page 4 of 11
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 wil( 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
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, regu(ations, 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 personne( 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.
Page 5 of 11
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.
xii. Storm Water Mana�ement Services
a.ExistingServices: 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
Page 6 of 11
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 En in� eering 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.
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 l, 1952, the person desiring service shall
pay non-refundable charge ca(led 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:
Page 7 of 11
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.
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 landfll will be able to handle this request.
The only impact wou(d 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 specifc department also
includes any subseyuent department that will provide the same or similar services.
Page 8 of 11
4. AUTHOItITY. 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
acknowledges 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 each of them was represented by 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 T�-�E 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 Property and is binding on the Owner.
13. �H 43 DISCLOSURE IN COMPLIANCE WITH THE TEXAS
LOCAL GOVERNMENT CODE SEC. 43.004
Page 9 of 11
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:
l. The Landowner of the property must petition the City reyuesting
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 reyuire 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 both Parties.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
�
MARK W. MCBRAYER, ayor
BETENBOUGH HOMES, INC.
Signature
Page 10 of 11
A TEST:
Courtney Paz, City Secretary
APPROVED AS 'CO CONTENT:
sten Sager, Director,/c!f Planning
Gra�Ts I3,� 2 R
Printed Name
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of 3'r`�day of ��_, 20 �S , to certify which
witness my hand and official seal.
��������:�;, ARIANNA USA RICHETTI
_� �''__ Notary Public. State of Texas
,���»; Notary ID# 134771978
'���,,,,,�� „`; �`° My Commission Expires 02•2a20Q8
[SeaQ
[Signature] (LV�t.t,�l� �hr4/ 1� �
[Printed namej �{"( IO�.Y1 ha. LI S`l 1�.� ��;
Notary Public in and for
the State of Texas
STA HT DEVELOPM LLC
Thomas Pav , ana�er
APPROVED AS TO FORM:
K sur enior Assistant City Attorney
��� - -� ��
�
SUBSC�D AND SWORN TO BEFORE ME on the
day of�day of ���, 20 25 , to certify which
witness
�N��WI Wq��
�;..•� 4s ARIANNA LISA RICHEfi
�' °= Notory Pualic. State of Texas
� ;; Notary 1D# 134771978
[Seaq ����o� ��.;; My �mmission Expires 02�2a2028
[ ignature] (�l�j,
[Printed name] ��C \�n � L 1 S�l, �1 �Y1e l I I
Notary Public in and for
the State of Texas
Page 11 of 11
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