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Ordinance 2016-26 ORDINANCE NO.2016-26 AN ORDINANCE ANNEXING A CERTAIN 4.165 ACRES OF LAND SITUATED IN THE R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS, BEING %y/PART OF A CALLED 4.95 ACRE TRACT OF LAND CONVEYED TO ALL EAST INC.BY DEED RECORDED IN i1 TM ��UMENT NO. 92-0081176 OF THE DEED RECORDS OF LLIN COUNTY, TEXAS; PROVIDING FOR A 'ENAI. '. FOR THE VIOLATION OF THIS ORDINANCE; � f RDI G FOR THE REPEAL OF ALL ORDINANCES iNCO F `JiCT; PROVIDING A SEVERABILITY CLAUSE; ANP ,TNG FOR AN EFFECTIVE DATE. WHEREAS, the Cod mil of the City of Wylie, Texas ("City Council") under the authority of Section f21. Local rvernment Code and the City of Wylie, Texas' (Wylie) "t e y Home Rule Charter, investigated,';.determined that it would be advantageous and beneficial to Wylie and its inhabitants to arr� i�Iie below-described property(the"Property")to Wylie; and; WHEREAS, prior to cons.;..n'g th '' )+lic hearings required under Section 43.063, Local Government Code, the Ci t° . ouns'� iso � 'estigated and determined that the Property is within the extraterritorial jurisdiction,>"'y ilii a ands adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the trice ot `'•e first public hearing regarding the annexation of the Property,the City Council d ;,' ,ted a appi' priate persons to prepare a service plan that provides for the extension of full municipal s4 al �b the Property to be annexed; and WHEREAS the City Council finds thatties x(E ) las;.° XHIBIT "C" has been prepared in full compliance with Section 43.056, Local GL� rnr > t Code, and has been made available for public inspection and was available for ex ha.��ion to ie inhabitants of the art3'at P Pro the public hearin • and Phearings; WHEREAS, the City Council finds that the field note =:rose tr""-,boundaries of the Property hbein annexed; and WHEREAS, the City Council has conducted at least two (2) public) min; y'at which persons interested in the annexation were given an opportunity to be ard r€,;and inu,'---he proposed annexation and the proposed service plan; and 4�0, WHEREAS, the City Council finds that theTublic 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 Ordinance No.2016-26-annexing a certain 4.165 acres of land situated in the R.D.Newman Survey, Abstract No. 660,Collin County,Texas, 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 renuirements for annexation have been performed and completed in the manner and form set fot }b ry law. ? ;f.tIEREFORE BE .IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEi 'IONComprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same ,� :reby, an lded by amending the Zoning Map of the City of Wylie, to give the hereinafter*`,.`c bed prop ,a new zoning classification of Agriculture/30 (A/30) District, said property being des r-*! mchibit "A" (Legal Description), Exhibit "B" (Annexation Boundary), and attach? `reto andmPd. e a part hereof for all purposes. SECTION 2: That alp; 7inances of the City in conflict with the provisions of this ordinance be, and the sam "' ire Yt eby, rqealed and all other ordinances of the City not in conflict with the provislons`of thisshall remain in full force and effect. SECTION 3: That the a, i",> lescr o p. nerty shall be used only in the manner and for the purposes provided for in the' sive, pingOrdinance of the City, as amended herein by the granting of this zoning $„assification r A SECTION 4: Any person, f1r i� porat;-f ' dating any of the provisions of this ordinance or the Comprehensive Zoning Ordma .moi's nded hereby, commits an unlawful act and shall be subject to the general penalty ` w1si.. •s of S£"'tion 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amendea. SECTION 5: Should any paragraph, sentenh, subdivlslgprg.,lause, phrase or section of this ordinance be adjudged or held to be unconstrtu• on fi �a1�r/-invalid, the same shall not affect the validity of this ordinance as a whole or an”" fpr kion thereof, other than the part so declared to be invalid, illegal or unconstitutional, and �_ not r` ct the validity of the Comprehensive Zoning Ordinance as a whole. , SECTION 6: This ordinance shall be in full force and ,,.}a�fter its adoption by the City Council and publication of its caption as the law and els ity Cl ` fer provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, of this Ordinance, shall not be construed as abandoning any action now pending ung' :mor 1 a virtue of such ordinance; nor shall it have the effect of discontinuing, abating, rnodf i g o , terlm-,0�P;"ny penalty accruing or to accrue, nor as effecting any rights of the municipality under/,i Jyr _ion or provisions of any ordinances at the time of passage of this ordinance. Ordinance No.2016-26-annexing a certain 4.165 acres of land situated in the R.D.Newman Survey, Abstract No. 660,Collin County,Texas, DUi:<4ASSED AND APPROVED by the City Council of the City of Wylie, Texas,thV� 4th day of November, 2016. Z Eric Hogue,Mayor ATTEST: ::-, y ,� Carole Ehrlich, City Secretary s DATE OF PUBLICATION:November 23,:K lhe Wylie News c. •' z�' V f..�P �.rfi� J �•-*1 #CYC •tib��,...h'*'=.���" j 4 hof C� VV �. Ordinance No.2016-26-annexing a certain 4.165 acres of land situated in the R.D.Newman Survey, Abstract No.660,Collin County,Texas, n0 ^nw r 1': unl roto 10 w 1'u`1�� �. ILflllll�� ♦i�7■ mn p IIII _ /cul Inst � �Ilil fill llti '►� � �1♦ ♦��• - ■ �r � �� � � _ �� ♦ /. 111111/11 i♦ I♦ 1�NOW- : ON lIIIIIIIII 1�� ♦ I♦ �11111110 r rrir _ _ r ♦s r�+' �, . 111IIIItllllil� ♦♦j - rr 1 r ! , - � 11i111I1111111111�i I _ � = 1111���(=■sem � rOi��`�`;��_ ,���•� �►!`I I////�I r r` � ilk. '�� I �_�C`Ulllllnl �1 i rr r�,,,.� ,rr� ■� 4•i �z � �UInIn111 IIII111 r.� .r.D/IllIN -Ut In tf4 �■qr■ nulla .iilmi► �-_ Cpllillltl l��iuunnumr�.�n11 n Y ;`I I1i111Il0lllllltll � rIl � � � Ilillll�lllll �� f111filltl - r �- `�Y .,; C�/Illillllf G�IIIIIIIINItI a �unnuzz IIII1111114t171 FEE �izl ?{ __ tlju` i4 �'.iutul � 11rnlWull►�. � �� �;.-- :�'•rir0, _ \ ���� ,♦ice♦ ` ►{,:rI +.i VON w ill ' r.. 1!111. ` ����� �� ` i11�� _ '� - • I {t{, \{{{, ✓ Y >tr.lunu`\�,' Pfd Ls `� ���♦s%i�♦ t�� ♦� �,tt ` ,+« 11��t - ' -����-x,(11 � , . .-\ �.`` � �,�```���` ;r♦�`,{Q�f,, - ILI 1 S 111„_lI 11%11 r Inrnliniuiul u' t�`��inlnw"'�Irl�I1'iiiliutnm! a O{{ tnler''uurnnrnllluill� �, ��■' �\ - ► {{ � nuuuuuunUul EXHIBIT "A" Property Description SITUATED in the State of Texas and the County of Collin, being part of the R. D. Newman Survey,Abstract No.660, being part of a called 4.95 acre tract of land conveyed to All East Inc. by deed recorded in Document No. 920081176 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 112 inch iron rod capped"Roomer set for comer in the existing southeast right-of-way line of State Highway 78, in the southwest line of said 4.95 acre tract and marking the northwest comer of Tract 2 of Woodbridge Villas, an addition to the City of Sachse, Collin County,Texas, according to the plat thereof recorded in Volume P, Page 933 of the Plat Records of Collin County,Texas; THENCE with said southeast right-of-way line and crossing said 4.95 acre tract, North 52°18'37" East, 673.36 feet to a 1/2 inch iron rod capped"Roomer set for comer in the east line of said 4.95 acre tract and marking the northwest comer of the remainder of a called 7.062 acre tract of land conveyed to T. S. Miller, Ltd. by deed recorded in Volume 4418; Page 1494 of the Deed Records of Collin County,Texas; THENCE with the west line of said Miller tract and the east line of said 4.95 acre tract, South 20008'57" East, 517.58 feet to a point for comer in the north line of the remainder of a called 83.2736 acre tract of land conveyed to WGC Properties, LLC by deed recorded in Volume 4110, Page 1774 of the Deed Records of Collin County,Texas and marking the southwest comer of said Miller tract and the southeast corner of said 4.95 acre tract,from which an old wood fence post found for reference bears South 20008'57"East, 0.59 feet; THENCE with the north line of said WGC Properties tract, the north line of said Tract 2 and the south line of said 4.95 acre tract, North 88°51'27"West, 185.63 feet to a 112 inch iron rod capped"Roomer set for comer, THENCE with the north line of said Tract 2 and the south line of said 4.95 acre tract as follows: North 86039156"West, 117.57 feet to a 112 inch iron rod capped"Roome"set for comer, North 87°36'56"West, 315.06 feet to a 1/2 inch iron rod capped"Roome"set for comer, and North 61°33'29"West, 106.20 feet to the Point of Beginning and containing 4.165 acres of land, more or less. f � SIB its,ee aj �i iii ! _ ,, w {ur��PVI sa, +� all 111i 4-kEg% E I flip, li.1 41 ' ! a Jeff a mull p p c�] �. silt $ 1 i� !#f @a! apt iU� lb �• Q UL ° 1 CA fat Pi � � k � ,'.�•,. _ ; Vii.:• � . � r ,� �`� ��� $� i � $ � ' �•off.. .�,\... ,. •� .�• l� $ Ins Y g g ors Ti � '�a: oba j a � �� • �� �a� Pia ���� �� i � e a ��.. - \` •.'�' �• � � alt gaa $a® AS11 III a f t at �� §i1 011'i ti f EXHIBIT"C" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA SERENE GLOBAL GROUP,INC ANNEXATION ORDINANCE NO.: 2016-26 DATE OF ANNEXATION ORDINANCE: October 25,2016 ACREAGE ANNEXED: 4.165 acres SURVEY, ABSTRACT & COUNTY: R.D. Newman Survey, Abstract No. 660, Collin County,Texas,2701 S. Hwy 78 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 be provided within sixty (60) days of the effective date of the annexation 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. AUSCELLAPIEOUS 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.