Ordinance 1993-35
ORDINANCE NO.
?g-3~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOT 13 OF
R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS 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:
Lot 13 of R.D. Newman Survey, Abstract No. 660, Collin County,
Texas (herein referred to as the subject property)
on or about the 13th day of May, 1986 by virtue of Ordinance No. 86-50, 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 seven years following its annexation and such property continues to be without
such services as of this date; and,
WHEREAS, Robert Bair and Linda Bair (Owners), owners of the subject property, have
requested that the same be disannexed from the City of Wylie due to the City's failure to provide
the municipal services as aforesaid; and,
WHEREAS, the Owners are not registered voters of the City of Wylie and therefore do not
have standing to petition the City, and force disannexation of the subject property, pursuant to
Section 43.141 of the Texas Local Government Code (LGC); and,
WHEREAS, the City Council fmds that the subject property meets the qualifications of
Section 43.145 of the LGC in the following particulars:
a. The City has a population of 4,000 or more; and,
b. The City and the subject property are located in Collin County which has a population
of more than 205,000; and,
c. The subject property is composed of at least three contiguous acres that are
unimproved and adjoining municipal boundaries;
and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and,
1
lJ1
:)J
Cu
u)
o
M
...
, I
....
I
,
:'1
11
WHEREAS, the City Council has further determined that the interests of the City and its
citizens would be best served by disannexation of the subject tract;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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
That upon adoption of this ordinance, the City Council shall enter in the minutes of the
City and Order discontinuing the area.
SECTION III
That it is the intent of this ordinance to disannex all of the aforesaid Lot 13, as the same
currently exists, and in the event the said Lot 13 has different dimensions this date that when
annexed this Ordinance shall be effective as to that property currently described as Lot 13.
SECTION IV
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 V
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.
2
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith, specifically including without limitation Ordinance No. 86-50 and the
territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject
property as herein identified.
SECTION VII
The repeal of any ordinance, of 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.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
_ day of July, 1993.
"
A TT~s;I.:....: "'<
. .$"~" ~~ ;Nic~.1s
t.t- -\'Clty Secte~
\
3
. ~
r . A~841
~ i ~ ~-za~ ~
. ~
4
~ S,Ja 8 R..~~Is~~ 8-A . i
.
, K.,,,.. , ~s~. . e ~o
e ~ ~ a
i J,,) ' r, .r~l~e AO • ~ ~14 ,'~~U ~ ,r . ~i~. t 3 crnr
; 3'~ . . ' ( ~ ~ ~ ~ ...1, Ac.
L-..._..._._ . . . ~ 1 ~ . 111
~ ? , a
. A.T. wt ~p ; \ '
> s ~ g a ~ . ~ ~tEN KNO I
Ll,
y e~? ` py
~ C_ V ° w a ~ Q~ ~ M081L HOME PARK CITY OF WYl1E
~ ! ~ y ~ 3A.70 AC . .
~ '~j,~~ ; C.
~ `~O ~ ~ M YIM~AII ~ • ~ ~
AO . ~
g~ ' s~ . ~aes
g'•I`' 'v •~a ~ C... ~e
- / ~ f.. . 18 `
r ~ J ~
...1 C' .
rn
'~'L•• )C
L KIT N ? , ' ' - - - ~ - - . . _ ~
,
TNEq ~
29.61 AC L ~ ' `GEOR044LEWIS INC.
.R~.• . . AC
. ,
~ •
~.:13;i..; ~ ~ a ~
AL KITTNEi~ , OEORaE LEWI3 INC.
Q6.107~AC G~ORaE~~lEWi8 lNC. \ 98.034 AC
~ ' 6~ ~AC ~EOROE LEWiS INC, ~
. , •s1.:.
• ' ee.e4 ~c
w1 ~ 1 .a :
a ~ ~ ; ,
~ ~ ~ ' . \
f .t I~1
' Y~!~~" r~'.
f i ~ . / • .
A : •
. . ~t" M• 1
1 r7 • . r.' . . ~
t. ~ . . ~
~
~ . . .,~1/ • ~r ~ ,
~ V /n.. / ~
, -
~
d
-
~
MIM ~ M11MNnr ~CMIMGwh1~~
N~ 1M OIAiW ?Wlk N~q~M N MM hNMI
~ p 6 1993
~
COUN,,, ~I~G~ ~.R%~
Filed for Recard in=
CD~LIN COUMTY TX
HONORABLE HEL~N STARNES
On ~9'93/ 12/06
At 12:i5P
- TYPeeri OR- 014~2a4
~