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Ordinance 2014-22
IIIII II IfII cl IIf I I II I I I'Illlllllll f lllf L16 03:59:28 Pfd 00 910 ORDINANCE NO.2014-22 AN ORDINANCE ANNEXING A CERTAIN 18.602 ACRES OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY,ABSTRACT NO. 688,COLLIN COUNTY,TEXAS, BEING A PART OF THOSE TRACTS OF LAND DESCRIBED IN DEED TO WILLIAM W. HOUSEWRIGHT RECORDED IN VOLUME 953, PAGE 537 (EAST TRACT) AND VOLUME 2808, PAGE 505, (WEST TRACT) OF THE DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the"Property")to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan (E)CHIBIT "C") has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council,has conducted at least two (2) public-hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance No.2014-22—Annexation—18.602—Francisco de la Pina Survey Page 1 of 3 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20'`) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90)days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, _THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION l: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) and Exhibit `B" (Survey), and attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any'section or provisions of any ordinances at the time of passage of this ordinance. Ordinance No.2014-22—Annexation— 18.602—Francisco de la Pina Survey Page 2 of 3 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 24`h day of June, 2014. Eric Hogue,Mayq ATTEST: G Caro Ehrlich, ecretary DATE OF PUBLICATION:July 2, 2014 in the Wylie News �'V�TA PE RAILW C gA 4Y s �flSS�� s Z'b OF Ti:7CA Ordinance No.201422—Annexation—18.602—Francisco de la Pina Survey Page 3 of 3 EXHIBIT "A" DEED DESCRIPTION BEING a 18.602 acre tract of land situated out of the Francisco De La Pina Survey,Abstract No. 688,Collin County,Texas and being a part of those tracts of land described in deed to William W. Housewright recorded in Volume 953,Page 537(East Tract)and Volume 2808, Page 505, (West Tract)of the Deed Records,Collin County,Texas and being more particularly described as follows: BEGINNING at in the west line of said Housewright Tract(West Tract),the same being the southeast corner of Lot 8, Block B,Stone Grove Phase I,an addition to the City of Wylie, Collin County,Texas,according to the map or plat thereof recorded in Cabinet G, Page 173, Map Records, Collin County,Texas; THENCE NORTH, along the west line of said Housewright Tract(West Tract)a distance of 1630.31 feet; THENCE South 89 degrees 17 minutes 00 seconds East,a distance of 225.00 feet to the west line of said Housewright Tract(East Tract); THENCE North 45 degrees 00 minutes 00 seconds West along said west line a distance of 35.35 feet; THENCE NORTH, a distance of 625.60 feet to the northwest comer of said Housewright Tract (East Tract); THENCE North 33 degrees 29 minutes 00 seconds East,along the northerly line of said Housewright Tract(East Tract)a distance of 362.50 feet to the north corner of said Housewright Tract(East Tract); THENCE SOUTH,along the east line of said Housewright Tract(East Tract)a distance of 2575.43 feet; THENCE South 88 degrees 28 minutes 59 seconds West,over and across both said Housewright Tracts a distance of 399.05 to the POINT OF BEGINNING and containing 18.602 acres or 810,307 square feet of land more or less. THE ABOVE 18.602 ACRE DESCRIPTION IS A COMBINATION OF THE ABOVE ADJOINING DEEDS.THIS DESCRIPTION IS FOR INFORMATION PURPOSES ONLY. NO SURVEY HAS BEEN PREFORMED ON THE GROUND AND THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE � 1 ;Y t, PIMP NOTMAZOAL OMBGNlPrION BlNVEYOR9 ca{nPPwrlrnt r•. t�Nd•a trot!o pa+cN or ale Nwetee n W rtmckv em b Nor eevey TI�NLE North BO.4a'r'Cwt D a•ta�ce or BOrM reet dag W Ewe IM or gime 111 �7�144• �9. o AWrwl No,ODD,Gdf d mf4,Tolln Ganhy Tewe ale bng mors potNWob R rt .. Tro old W Ew!IH or Dols Meadmw w reGad•d n GdaOr!G UPIIIc leu e M 1-6's -11. FEET 1�� i C e.wrtome w ra1«" Blks b Pbl wore', o Co11MOe�mW�a po.. 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TO TO V0..211r,P6.521 �FLODv ZOh@ X WILLIAM R iALb1TRT W1WAMR TALEERT DI N B OALL.i, / LALLEC:7105[k.(tRALT I) GPLLED:IIA55 k.(rRAGT 111 uniumc ` le'ue Cbtme� VOWME wb6,P6.956 VOLUME 6066.P6 556 OOG.tl'I.2005.01158re COG.N0.200501156'10 OPRLLT. / FILED.12/15/7005 FILED:12/15/2005 AVNON AOPiI(M-phA`.E I , �Ib 2oowov—o OPAGc.N MNC d e o• .ties 5810 Q © COPYRIGHT 2014 EXHIBIT"C" CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA HOUSEWRIGHT/SCHRAPLAR TRACTS ANNEXATION ORDINANCE NO 2014-22 DATE OF ANNEXATION ORDINANCE: June 24,2014 ACREAGE ANNEXED: 18.602 acres SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of.available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as EXHIBIT"C" determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon. ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL .HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health - ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days.of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will betY rovided within six 60 s of the effective date of the annexation P ( ) days ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this. area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT"C" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60)days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally: Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty(60) days of the effective date of-the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. EXHIBIT"C" 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2)years after that date. EXHIBIT"C" J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance,whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. After Recording Return To: City of Wylie Attn:Stephanie Storm 300 Country Club Rd.#100 Wylie,TX 75098 �--Filedamd-Rec-or-ced Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 09/16/2016 03:59:28 PM $62.00 CJAMAL 20160916001241580 I dFarnu >r5biII Crnue5 Murphy Monitor The Princeton Herald 7d Sach., News THE WYLIE NEWS J STATE OF TEXAS Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2014 -22 was published in said newspaper on the following dates, to -wit: July 2, 2014 do-9,__ Chad Engbrock, Publisher Subscribed and sworn before me on this, the _day of , 2014 to certify which witness my hand and seal of office. Ai4 Sonia A. Duggan Commission Expires �O 09 -02 -2016 Notary ublic i or The State of Texas My commission expires Murph' Sachsc-W vIic 0I ice - 110 N. BalIard - P.O- Box 369 - WyIie..l.X 75098 - 972 - 442 -5515 - 1ax 972 -442 -4318 f=armer,viIIeAlrinceum Office - 101 S. Main • P.O. Box 512 - 1'arrnCrsviIIe,TX 75442 - 972 -784 -6;97 - Iae 972- 782 -70'_3 July 2 -3, 2014 ORDINANCE NO. 2014-22 AN _`ORbT1V( ..-ANNEXING A CERTAIN 18.602 ACRES OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, AB- STRACT NO. 688, COLLIN COUNTY, TEXAS, BEING A PART OF THOSE TRACTS OF LAND DESCRIBED IN DEED TO WILLIAM W. HOUSEWRIGHT RECORDED IN VOLUME 953, PAGE 537 (EAST TRACT) AND VOL- UME 2808, PAGE 505, (WEST TRACT) OF THE DEED RE- CORDS, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PRO- VIDING A SEVER - ABILITY CLAUSE; AND PROVID- ING FOR AN EF- FECTIVE DATE. f.