Ordinance 1993-15
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING TRACT 7
OUT OF THE I. & G.N. RWY CO. SURVEY, COLLIN COUNTY ABSTRACT NO.
1059, CONSISTING OF APPROXIMATELY 4.0 ACRES, FROM THE CITY OF
WYLIE; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF
WYLIE ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City annexed, on an involuntary basis, the following described property,
to wit:
Tracts 7, out of the I. & G.N. Rwy. Co. Survey, Collin County Abstract No. 1059, Collin
County, Texas (herein referred to as the subject property)
on or about the 12th day of May, 1987 by virtue of Ordinance No. 87-25, which was duly
passed and adopted on said date; and,
WHEREAS, the subject property has remained in the city from and after its annexation
thereto, but the City has failed to provide municipal water and sewer services to the subject
property in the five and one half years following its annexation and such property continues to
be without such service as of this date; and,
WHEREAS, a majority of the owners of the subject property have, in conjunction with the
owners of property located immediately adjacent to the east thereof, filed a valid petition with
the City Secretary requesting disannexation of the subject property from the City on the basis of
the City's having failed to provide water and sewer services as aforesaid; and,
WHEREAS, all requisites relative to consideration and granting of such request appear to
have been complied with by the owners, specifically including without limitation publication of
notice of such petition on the subject property and in the official City Newspaper, all as required
by Section 43.141 of the Texas Local Government Code (LGC);and,
WHEREAS, the aforesaid requsites were complied with and the Petition filed over two
years ago but the City has not heretofore taken action on the request of said Petition; and
WHEREAS, the City has notified the owners of each of the tracts in the subject property
of the City's intention to take action on the Petition for disannexation, said notice being in the
form of an written notice mailed certified mail with return receipt requested on the 1 st day of
March, 1993; and,
WHEREAS, the City has not recived any objections to the disannexation of the subject
property following the giving of the notice specified in the previous paragraph;
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ORDINANCE NO.
13 -16
PAGE TWO
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
That the subject property, as hereinabove described, and designated on the plat map attached
hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate limits of
the City of Wylie, and the City's boundaries are contracted accordingly.
SECTION II
It is the intent of this ordinance to disannex all the aforesaid Tract 7, and in the event that
the said Tract 7 has different dimensions this date than when annexed this Ordinance shall be
effective as to that property currently contained in said Tract 7.
SECTION III
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
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 V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency, the above referenced Ordinances No. 87-25 and the
territory annexed thereby shall be unaffected by the provisions hereof except as to the subject
property herein described.
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ORDINANCE NO.
13 -/~
PAGE THREE
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
9th day of March, 1993.
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By " / Yf; "- . . /
W. Akin
ayor
V
ATIEST:4~ '1,dJJ.IA)
Mary NIC Is
City Secre
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AlR~ PROYtS~ON HEREIN MfN1CH RE3TRICTS THE 3~1LE. RENTaL. OR USE
~NYALID ANSC UNENfO~ABLEPUNDER fEDERA
LLAW ~~R 01! RACE IS
THE 4TAtE OF TEXAS
gpUpTY Of COILiN
~ herepy certiry that Nis inshument w~e FILED m the File Numper S~~ue~e F i 1 ed f or Record 1 ~1 L
iu 1he Offitial Puti
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bRecads~ot Retl Pr boperb ot Collie
County ETORDED.
COLLIN COUNTY, TX
. P~aR ~ ],~993 `F a~ Ori 1993/03/31
~ ~ At 8:12A
COlpIT1' CLERK `
cn~un couKrr. ~x~s r~`~ Number s 93- 0022974
TYPQ s DR 14.QQ
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