Ordinance 1993-58
ORDINANCE NO. 93-58
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING A TRACT
IN THE J.D. SHELBY SURVEY, ABSTRACT NO. 819 AND N.A. AITERBURY
SURVEY, ABSTRACT NO. 1763, IN COLLIN, DALLAS AND ROCKWALL
COUNTIES, TEXAS, CONTAINING APPROXIMATELY 10.038 ACRES, 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 the request of the then owner of the property, the
following described property, to wit:
A tract of land consisting of 10.038 acres lying and situated in the j.c. shelby survey,
Abstract No. 819 and the N.A. Atterbury survey, Abstract No. 1763, in Collin, Dallas
and RockwaU Counties, in Texas being mores specifically described on the attached
Exhibit A which is fully incorporated herein by reference
on or about the 10th day of September, 1985 by virtue of Ordinance No. 85-52, 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 eight years following its annexation and such property continues to be without
such services as of this date; and,
WHEREAS, David Davis and Patricia Davis (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 do not reside on such property 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 finds 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 is 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;
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and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and,
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
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 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. 85-52 and the
territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject
property as herein identified.
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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
14th day of December, 1993.
~)/~
W. Akin
/ ayor
ATTEST: 1:Z~-1dd:J
Mary Nicho
City Secretary
Approved:
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SUR V E Y P L A T
TO ALL PARTIES [NT!R~STKD IN PR~MISES SURVEYED:
Tbls ia to certify tb.t I b.... tbi. d.te. made a careful and accurate aurvey on tbe ground of
property 10cetej on Vinson Road In the Countl.a of Dallea. Rockwall and Collin. Tazas, out of
tba J. D. SH~LRr SURVEY, A8STRACT NO. 819 and N. A. ATTERBURY SURVEY. ABSTRACT MO. 1763 and
belng knovn s~ . 10.00 acr~ tract out of s 78.2 acre trsct con.ayed tD Russell Addington by
Paul Addington an~ Allce Addlngton by deed of record 1n Volu.a 420. Page 135. Collin County
Deed Records, Volume 3400, Page 74, Oall.s County De.d Recorda and Volu.e 46. Paga 592, Rock-
..11 County Deej R~cord., sa1d 10 scres being deacribed as recorded 1n Exbibit "A". filed in
Volu.e 62076 at Pa~e 0011 of Deed Recorda of Dallas County. Tezaa. and in VoluDe 1513 at Page
792 of Deed Records of I.ollin County, Texas and being more particularly described aa follows:
COMMENCING at a hl~hway markpr 10ca!~d at the intersection of the East Right-of-Way line of
Farm Road 544 a~d th~ Northeast Rlght-of-Wsy llne of Vinson Road Thence South 42 deg.
58 min. East with Northeast line of V1nson Road 80.7 feet to a highway marker for corner;
Thence South 45 deg. 52 min. East wlth the Northeast line of Vinson Road 1568.1 feet to an
Iron stake for corner and to the Place of ee~inning;
THENCE Nortb 00 deg. 57 min. East with the small tracts 1984.56 feet to an iron stake
located in the drainage dltch for corner;
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THENCE
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~eanderlng with said drainage ditch as follows:
South 28 d.g. 08 min. East 42.g0 feet to a point ior corner;
South 3u deg. 08 min. F.~9t 383,00 feet to a point for corner;
South 73 deg. 10 min. East 316.40 feet to a point for corner;
South 08 deg. 30 min. 37 sec. East 99.54 feet to a stake for corner
located 1n old fence 11ne;
THENCE Sout:1 8~ de1. 48 min. 29 sec. West with said old fence line 335,92 feet to.n iron
stake for CJrner;
THENCE Sout~ 00 deg. 57 min. West crossing the survey line between Collin County and
Rockwall County, 1612.:; feet to an lron stake set in said Northeast R.O.W. of Vinson
Road for corner;
THENCE Sortb 45 deg. 58 min. 51 sec. ~est with said R.O.W. line of Vinson Road 278.60
teet to Place of Beginnln~ and containing 10.038 acres of land, more or less.
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