Ordinance 1994-28
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING TERRITORY
ADJACENT AND CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FINDING
THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN
SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE
CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE
ENTITLED TO THE RIGHTS, PRIVILEGES, AND RESPONSIBILITIES OF OTHER
CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT
AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
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WHEREAS, the City Council of the City of Wylie, Texas (City), pursuant to authority
given by Municipal Annexation Act (the Act) as contained in the Texas Local Government Code
(LGC) at ~43.001, et seq., (as amended) and Section 3 of Article 1 of the Home Rule Charter
of the City, has heretofore initiated annexation proceedings to annex various tracts of territory
lying adjacent and contiguous to the City, including the property hereinafter described (the
Subject Property); and,
WHEREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ.
Stat. Ann. art. 1165 et seq., as amended; and,
WHEREAS, in accordance with the Act, a service plan, attached hereto as Exhibit "A",
and incorporated herein for all purposes, was prepared by the appropriate department of the City
and was made available for inspection and explained at the public hearings conducted as
hereinafter described; and,
WHEREAS, two separate public hearings were conducted in accordance with Section
43.052 of the LGC, the fIrst being held at 7:00 p.m. on the 12th day of July, 1994, and the
second hearing being held at 7:00 p.m. on the 19th day of July, 1994 , with both such hearings
being held in the Council Chambers at the Wylie Municipal Complex, 2000 N Hwy 78, Wylie,
Texas; and,
WHEREAS, the public hearings were conducted and held no more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and,
WHEREAS, notice of public hearings was published in a newspaper of general
circulation in the City of Wylie and in the territory proposed to be annexed by publication, at
least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to
each public hearing; and,
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WHEREAS, additional notice by certified mail was given to the owner of the subject
property; and,
WHEREAS, the subject property lies within the Extra Territorial Jurisdiction of the City,
is contiguous on at least two sides with the present boundaries of the City, and when taken
together with all other property annexed in this calendar year does not exceed more than 10%
of the incorporated are of the City as of January 1, 1994;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That all of the above premises are found to be true and correct and are incorporated into
the body of this Ordinance as if copied in their entirety.
SECTION II
That the following specifIc fIndings are hereby made:
A. All actions and conditions necessary and requisite to annexation of the subject
property have been fully and timely taken and complied with;
B. The subject property satisfIes all requirements and conditions for annexation under
the Act;
C. The subject property is legally eligible for annexation into the City;
SECTION III
That the following described property, to wit:
A tract of land in the L.K. Pegues Survey, Abstract No. 703, Collin County, Texas,
being all of two tracts, the first of which being a called five acres conveyed to Tom L. Wherry
and his wife, Mary C. Wherry by Raymond G. Rowell and wife, Margie L. Rowell, by deed
recorded in Vol. 715, page 708, Collin County Deed Records, and the second being a called
2.634 acre tract conveyed to the same Wherry's by Joesph E. Marsh and wife, Velma C. Marsh,
by deed recorded in Vol. 716 page 325, Collin County Deed Records, said tracts more fully
described as follows:
BEGINNING, 1,671.78 feet south of the NW corner of the said Pegues Survey in the
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center of a 60 foot County Road and the NW corner of the called 5 acre tract;
THENCE, South 870 45' East along North line of called 5 acres and fence line a distance
of 496.90 feet to corner;
THENCE, South 000 08' West along the South line of the called 5 acres passing the
Southeast corner of same and continuing along fence and east line of called 2.634 acre tract a
total distance of 653.93 feet to corner;
THENCE, North 890 52' West along the South line of the called 2.634 acres a distance
of 494.96 feet to the SW corner in center of county road;
THENCE, North along the West line of the Pegues survey and center of road passing the
NW corner of the called 2.634 acres and continuing along survey and center of road a distance
of 672.30 feet to the place of beginning;
LESS AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE at the NW corner of said five acre parcel;
THENCE South 880 01' 49" East, a distance of 30.02 feet to an iron rod in the east line
of Hooper Road marking the PRINCIPLE PLACE OF BEGINNING for the herein described
tract;
THENCE, with the north line of said fIve acre parcel, South 880 01' 49" East, a distance
of 466.88 feet to an iron pipe marking the NE corner of said fIve acre parcel;
THENCE, with the east line of said fIve acre parcel, South 00 36' 25" East, a distance
of 160.00 feet to an iron rod;
THENCE, North 880 02' 18" West a distance of 468.57 feet to an iron rod;
THENCE, north with the East line of Hooper Road, a distance of 160.00 feet to the
PRINCIPLE PLACE OF BEGINNING of said excepted portion;
(the same having heretofore in these proceedings been designated and referred to as Tract VIII)
be, and hereby is, annexed and brought within the corporate limits of the City of Wylie, Collin
County, Texas.
SECTION IV
The service plan submitted in accordance with the Act is hereby approved as part of this
Ordinance, made a part hereof and attached hereto as Exhibit "A".
SECTION V
That the owners and inhabitants of the area herein annexed be entitled to all of the rights
and privileges of other citizens and property owners of said City and are hereby bound by all
acts, ordinances and all other legal action now in full force and effect and all those which may
be hereafter adopted.
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SECTION VI
That the official map and boundaries of the City, heretofore adopted and amended be and
is hereby amended so as to include the aforementioned territory as part of the City.
SECTION VII
That the Mayor is hereby directed and authorized to perform or cause to be performed
all acts necessary to correct the offIcial map of the City to add the territory hereby annexed as
required by law.
SECTION VIII
That the City Secretary is hereby directed and authorized to fIle a certifIed copy of this
Ordinance in the OffIce of the County Clerk of Collin County, Texas.
SECTION IX
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 X
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 XI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION XII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
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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
9th day of August, 1994.
ames D. Swartz
Mayor
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SERVICES PLAN
FOR
PROPERTIES IDENTIFIED FOR
POSSIBLE ANNEXATION
JULY 1994
SERVICES PLAN FOR PROPERTIES PROPOSED FOR ANNEXATION
The following constitutes the "Services Plan" (as required by ~43.056 of the Texas Local
Government Code) pertaining to the properties identified for possible annexation by City of
Wylie Ordinance No. 94-17. The plan applies collectively to all seventeen of the properties
proposed for annexation unless otherwise indicated.
The City anticipates full provision of all municipal services to the annexed areas within
the allowed time of four and one-half years following the annexation.
PART I.
SERVICES TO BE PROVIDED BY OCTOBER 8, 1994
A. General
The following services will be provided to all of the annexed properties within 60 days
following the effective date of the annexation:
1) Police Protection;
2) Fire Protection;
3) Solid Waste Collection;
4) Maintenance of Water and Waste Water Facilities (except those facilities which are
within the service area of another water or waste water facility); 1
5) Maintenance of Roads and Streets (including road and street lighting and excluding
State Roads);!
6) Maintenance of Parks, Playgrounds, and Swimming Pools;!
7) Maintenance of Any Other Publicly owned facility, building, or service; I
1 Applies only if the indicated ilprovelel1ts are presently in eristence in the annexed areas.
B. Detail Of Services To Be Provided
1. POLICE PROTECTION
The City of Wylie, Texas, and its Police Department will provide police protection to the
newly annexed areas at the same or similar level of service now being provided to other areas
of the City of Wylie, Texas, with similar topography, land use and population within the newly
annexed area.
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2. FIRE PROTECTION AND AMBULANCE SERVICE
The City of Wylie, Texas, and its Fire Department will provide fire protection and
ambulance service to the newly annexed tract at the same or similar level of service now being
provided to other areas of the City of Wylie, Texas, with similar topography, land use and
population within the City. Further, the City of Wylie Fire Department and Ambulance Service
will respond to all dispatched calls and requests for service or assistance within the newly
annexed area.
3. SOLID WASTE COLLECTION
At the present time the City of Wylie, Texas, is using a designated, specific contractor
for collection of solid waste and refuse within the city limits of the City of Wylie, Texas. Such
contract for solid waste collection is with Browning-Ferris Industries (BFI). Upon payment of
any required deposits and the agreement to pay lawful service fees and charges, solid waste
collection will be provided to citizens in the newly annexed area to the extent that the City's
contractor has access to the area to be serviced.
4. MAINTENANCE OF WATER AND WASTE WATER FACILITIES
Any and all water or waste water facilities owned or maintained by the City of Wylie,
Texas, at the time of the proposed annexation shall continue to be maintained by the City of
Wylie, Texas. Any and all water or waste water facilities which may be acquired subsequent to
the annexation of the proposed area shall be maintained by the City of Wylie, Texas, to the
extent of its ownership. The now existing water line mains at their existing locations shall be
available for point of use extension based upon the City's standard water extension policies now
existing or as may be amended. The City Council of the City of Wylie, Texas, believes that
septic systems can adequately accommodate the raw sewage in the area proposed to be annexed,
until such time as the properties hook onto the City's waste water system.
5. MAINTENANCE OF ROADS AND STREETS
Any and all roads, streets or alleyways which have been dedicated to the City of Wylie,
Texas, or which are owned by the City of Wylie, Texas, shall be maintained to the same degree
and extent that other roads, streets and alleyways are maintained in areas with similar
topography, land use and population density. Any and all lighting of roads, streets and alleyways
which may be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Wylie, Texas, pursuant to the
rules, regulations and fees of such utility.
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6. MAINTENANCE OF PARKS. PLAYGROUNDS AND SWIMMING POOLS
The City is not aware of the existence of any parks, playgrounds or public swimming
pools now located in the area proposed for annexation. In the event any such parks, playgrounds
or swimming pools do exist and are public facilities, the City of Wylie, Texas, will maintain
such areas to the same extent and degree that it maintains parks, playgrounds and swimming
pools and other similar areas of the City now incorporated in the City of Wylie, Texas.
7. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY. BUILDING OR
MUNICIPAL SERVICE
The City Council of the City of Wylie, Texas, is not aware of the existence of any
publicly owned facility, building or other municipal service now located in the area proposed for
annexation. In the event any such publicly owned facility, building or municipal service does
exist and are public facilities, the City of Wylie, Texas, will maintain such areas to the same
extent and degree that it maintains publicly owned facilities, buildings or municipal services of
the City now incorporated in the City of Wylie, Texas.
PART II.
SERVICES TO BE PROVIDED WITHIN FOUR AND ONE-HALF YEARS
(Construction To Commence Within Two and One-Half Years)
A. POLICE PROTECTION. FIRE PROTECTION & SOLID WASTE
COLLECTION
The City Council of the City of Wylie, Texas, finds and determines it to be unnecessary
to acquire or construct any capital improvement within 21h years of the effective date of the
annexation of the particular annexed area for the purposes of providing police protection, fire
protection or solid waste collection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection and service
which is presently being administered to other areas already incorporated in the City of Wylie,
Texas, with the same or similar topography, land use and population density.
B. WATER AND WASTE WATER FACILITIES
All extensions and hook ups will be pursuant to the City's standard water and waste water
extension policies as the same currently exist or are hereafter amended. Please note City
Ordinance 90-9 (copy attached) which requires the property owner to pay for cost of extending
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service when existing service is within 500 feet of the subject property.
Tracts 1 and 2 (1305 and 1102 S. Ballard):
There is an existing 12" water line across Ballard on West side which the owners of these
tracts could tie into. There is an existing sewer line on the south side of Stoneybrook,
approximately 450 feet to the North which could be accessed. An alternate waste water tie on
would be in the unplatted Southplace Subdivision as and when the same is developed and placed
on City system, this subdivision is adjacent to the subject properties immediately to the East.
In either case the cost of tying on to the City's existing water and waste water lines would
be the responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have
the owner pay for all required extensions where existing line is within 500 feet of property.
TRACT 3 (1012 E. Brown):
There is an existing 8" waterline across Brown Street to the North (approximately 20 feet)
which the owner of this tract could tie into. There is an existing 12" sewer line approximately
50 feet to the East which could be accessed.
The cost of tying on to the City's existing water and waste water lines would be the
responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the
owner pay for all required extensions where existing line is within 500 feet of property.
TRACT 4 (930 E. Brown):
There is an existing 2" waterline across Brown Street to the North (approximately 20 feet)
which the owner of this tract could tie into. There is an existing 15" sewer line approximately
150 feet to the East which could be accessed.
The cost of tying on to the City's existing water and waste water lines would be the
responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the
owner pay for all required extensions where existing line is within 500 feet of property.
TRACTS 5 and 6 (712 and 702 Lynda Lane):
Both tracts lie within the jurisdiction of Wylie Northeast Water Supply Corporation and
should be receiving water service from the said WSC. The WSC jurisdiction and right to serve
the properties would continue following annexation, unless and until the City would receive
authority to expand its Certificate of Convenience and Necessity to include these areas. The City
does not presently anticipate any such expansion.
The nearest waste water line is located on the East side of Eubanks approximately 550
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feet south of Tract V and 300 feet South of Tract VI. The City proposed to have the cost of
extending the line to each of the properties shared equal between the parties. The basis of the
proposal being that the City's extension policy, as established in Ordinance 90-9 is for the owner
to pay for the cost of extension if the existing line is within 500 feet. In this instance the line is
within 500 feet of Tract VI and therefore would be extended to the property by the owner, at
which time the line would then be within 500 feet of Tract V who would only have responsibility
to pay for a small extension. Therrore it is more equitable for the tracts to share in the cost of
the extension.
TRACTS 7 and 8 (331 Hooper Rd.):
There is an existing 8" water line approximately 200 feet from the NW corner of the
Tracts which the owners of the tracts could tie into. There is an existing 8" sewer line
approximately 30 feet to the West across Hooper Road which could be accessed.
The cost of tying on to the City's existing water and waste water lines would be the
responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the
owner pay for all required extensions where existing line is within 500 feet of property .
TRACT 9 (1250 W. Brown):
There is an existing 8" water line on the south side of Brown Street (same side property
is located on) as well as a 12" line on the north side of Brown Street, thus the City does not need
to do anything further to provide water service to the property.
The nearest waste waster line is approximately 1,200 feet to the East in the Westgate
Subdivision. For various reasons the City does not deem it practical to access this line.
Consequently is will be necessary to construct a waste water line to service the area. The City
anticipates construction of a line along Brown Street which would run to the southwest to connect
into existing main in the NE quadrant of the intersection of FM 1378 and FM 544. The City
anticipates commencing construction of this line during the spring and summer months of 1996
and completion in not more than two years thereafter. The construction could begin sooner if
the property on the north side of Brown Street is begins development.
The property owner could then access this line at their expense.
TRACT 10 (725 W. Brown):
There are presently 6" and 8- water lines available, as well as an 8" waste water line,
in Westgate Subdivision which is adjacent to the property. The City does not need to do
anything further to provide water and waste water service to this property. All expenses of tying
on to the water and waste water utilities would be borne by owner.
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TRACTS 11 and 12 (1320 and 1310 W. Brown)
There is presently an 8" water line on the South side (same side as subject tract) of Brown
Street which could serve the properties. The City does not need to do anything further to
provide water service. The cost of hook up would be on the owners.
The nearest waste water line is approximately 2,300 feet east in the Westgate Subdivision.
For various reasons the City does not deem it practical to access this line. Consequently is will
be necessary to construct a waste water line to service the area. The City anticipates construction
of a line along Brown Street which would run to the southwest to connect into existing main in
the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing
construction of this line during the spring and summer months of 1996 and completion in not
more than two years thereafter. The construction could begin sooner if the property on the north
side of Brown Street is begins development.
The property owner could then access this line at their expense
TRACTS 13 and 14 (lying south of but not adjacent to 1300-1500 Blk of W. Brown):
These properties would be served by the 8" water line running on the south side of Brown
Street. Tract 14 (TV Electric) borders Brown Street therefore the City would have no further
responsibility in provision of water service. Tract 13 lies approximately 600 feet south of W.
Brown Street and would require extension of the line south from Brown Street. The City would
be responsible for one-sixth of the cost of the extension, including any easement costs.
The nearest waste water line is approximately 2,200 feet east in the Westgate Subdivision.
For various reasons the City does not deem it practical to access this line. Consequently is will
be necessary to construct a waste water line to service the area. The City anticipates construction
of a line along Brown Street which would run to the southwest to connect into existing main in
the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing
construction of this line during the spring and summer months of 1996 and completion in not
more than two years thereafter. The construction could begin sooner if the property on the north
side of Brown Street is begins development.
The property owner could then access this line at their expense
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TRACT 15 (2700 Block of W. FM 544):
There is presently existing an 8" water line and an 8" waste water line at the west
property line and therefor the City needs to do nothing further to provide water and waste water
service to the property. The expense of tying on would be the responsibility of the owner.
TRACT 16 (2722 W. FM 544):
An 8" water line is located on the south side (same side as property) of FM 544,
approximately 150 feet to the west. There is an 8" waste water line 200 feet to the west.
Since the existing lines are within 500 feet of the property the City has no further
responsibility to extend the lines.
TRACT 17 (2710 W. FM 544):
The property would receive water service from a 12" stub out located adjacent to the east
property line. Waste water service would be provided from an 8" line along west side of Hooper
Road (same side as property) adjacent to the east.
The City would have no further responsibility to extend either of these utility services and
tie on would be at owners expense.
C. ROADS AND STREETS
Within 21h years from the date of the annexation of the proposed area, the City of Wylie,
Texas, with a cooperative effort of the City's designated utility company, will undertake to
provide the same degree of road and street lighting as is provided in areas of similar topography,
land use and population density within the present corporate limits of the City of Wylie, Texas.
Maintenance of properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use and sub-
development of the annexed property, the developers will be required pursuant to the ordinances
of the City of Wylie, Texas, to provide internal and peripheral streets and to construct those
streets in accordance with the specifications required by the City of Wylie, Texas, for a properly
dedicated street.
D. MAINTENANCE OF PARKS, PLAYGROUNDS, AND SWIMMING POOLS, AND
THE MAINTENANCE OF ANY OTHER PUBUCL Y OWNED FACILITY.
BUILDING OR SERVICE
To the extent that it becomes necessary because of development demands, population
growth, and a bona fide need, the City Council of the City of Wylie, Texas, will undertake to
provide any such facility which it deems necessary to adequately provide for the health and safety
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of the citizens of the newly incorporated area based upon the standard considerations of
topography, land use and population density.
PART III.
MODIFICA TIONS, ADOPTION AND FINDINGS
The above and foregoing plan is a proposal on the part of the City of Wylie concerning
provision of City services to the areas to be annexed. The plan is subject to change, pending
information received at public hearing. The final version of the Services Plan will be approved
and adopted as part of any annexing ordinances that are passed.
It is the City's intention that this plan fully comply with all requirements of ~3.056 of
the Local Government Code. The City anticipates that the plan will be finally structured in a
fashion so as to allow the City Council, incident to approval of the Services Plan, to make the
following findings:
I. That this proposed Service Plan will not provide any fewer services, and it will not
provide a lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
2. That the rural nature of the area is characteristically different from other more highly
developed areas within the corporate limits of the City of Wylie, Texas. Consequently, because
of the differing characteristics of topography, land utilization and population density, the service
levels which may ultimately be provided in the newly annexed area may differ somewhat from
services provided other areas of the City of Wylie, Texas. These differences are specifIcally
dictated because of differing characteristics of the property and the City of Wylie, Texas, will
undertake to perform consistent with this contract so as to provide this newly annexed area with
the same type, kind and quality of service presently enjoyed by the citizens of the City of Wylie,
Texas, who reside in areas of similar topography, land utilization and population.
Submitted and filed with the City Secretary this 11th day of July, 1994, at ]:00 c~k
p.m. /1
By
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INDEX TO TRACTS PROPOSED FOR ANNEXATION
TRACT 1:
S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a.
Owner: Roy L. Taylor and Elizabeth M. Taylor, 1305 S. Ballard, Wylie TX 75098
Water: 12" line west side of Ballard 75 ft.
Sewer: 8" line on south side of Stoneybrook 450 ft.
Street Address: 1305 S. Ballard
TRACT 2:
S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a.
Owner: Emesto Almodovar, Box 1115, Wylie, TX 75098
Water: 12" line west of Ballard 75 ft.
Sewer: 8" line on south side of Stoneybrook 350 ft.
Street Address: 1102 S. Ballard
TRACT 3:
SW Comer of Brown and W.A. Allen (Eubanks); Abst. 688-5, Tr. 115, 1.995 a.
Owner: Michael Gerard Byboth & Brenda Kay Byboth, 1012 E. Brown, Wylie TX 75098
Water: 8" line 20 ft. the North
Sewer: 12" 50 ft. east
Street Address: 1012 E. Brown
TRACT 4:
E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a.
Owner: Eduardo De La Fuente, P.O. Box 1060, Wylie TX 75098
Water: 2" line on north side of Brown 10 ft. to north
Sewer: 15 " line 150 ft. to east
Street Address: 930 E. Brown
(i)
TRACT 5:
Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr. 71, 2.08 a.
Owner: Lorene Virginia Hade-Freeman, 3065 Cameo Ln, Farmers Branch, TX 75234
Water: 12" line on east side of Eubanks 600 ft. south
Sewer: 12" line on Eubanks 550 ft south
Street Address: 712 Lynda Lane
TRACT 6:
Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tract 73, 1.699 a.
Owner: James E. Holt and Barbara G. Holt, 103 Moonlight Dr, Piano, TX 75094
Water: 12" line on east side of Eubanks 300 ft. south
Sewer: 12" line on Eubanks 300 ft. south
Street Address: 702 Lynda Lane
TRACT 7:
Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. l. 717 a.
Owner: Edgar L. Dement, 1000 Wilson Rd., Wylie, Texas 75098
Water: 8" line east side of Hooper Rd at northwest corner
Sewer: 8" line west side of Hooper Rd.
Street Address: unknown
TRACT 8:
Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a.
Owner: Janelle Rothenberger, 331 Hooper Rd., Wylie, TX 75098
Water: 8" line east side of Hooper Rd 200 ft. northwest
Sewer: 8" line west side of Hooper Rd.
Street Address: 331 Hooper Rd.
(ii)
TRACT 9
W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a.
Owner: William F . Young, 1250 W. Brown, Wylie, TX 75098
Water: 8" line south side of Brown adjacent to north and 12" line on east side
Sewer: 8" line 1,200 ft. east in Westgate subdivision
Street Address: 1250 W. Brown
TRACT 10:
SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a.
Owner:Edward K. Dowden, 725 W. Brown, Wylie TX 75098
Water: 6" and 8" lines in adjacent Westgate Subdivision
Sewer: 8" line available in adjacent Westgate Subdivision
Street Address: 725 W. Brown
TRACT 11:
W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a.
Owner: Peggy Pollaehn, 1320 W. Brown, Wylie TX 75098
Water: 8" line on south side of Brown adjacent to north side of property
Sewer: 8" line 2,300 ft. east in Westgate Subdivision
Street Address: 1320 W. Brown
TRACT 12:
W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a.
Owner: J.R. Eaves, 1310 W. Brown, Wylie TX 75098
Water: 8" line on south side of Brown adjacent to north side of property
Sewer: 8" line 2,000 east in Westgate Subdivision
Street Address: 1310 W. Brown
(iii)
TRACT 13:
S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a.
Owner: Con-Dor Pipeline Co., Inc., Box 1267, Ponca City, OK 74603
Water: 8ft line on south side of Brown 600 ft. north
Sewer: 8" line 2,200 ft. east in Westgate Subdivision
Street Address: Not on a street - lies south of 1400 Block of W. Brown
TRACT 14:
S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 5.599 a.
Owner: TU Electric, 2001 Bryan Tower, Suite 2035, Dallas TX 75201
Water: 8" line on south side of Brown adjacent to north side of property
Sewer: 8" line 2,000 east in Westgage Subdivision
Street Address: Runs SW from appro x 1300 Brown to point south of 1500 Brown
TRACT 15:
FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a.
Owner: Patsy Sue Flanagan, 1090 FM 546, Princeton TX 75407
Water: 8ft line on south side of FM 544 adjacent to the west
Sewer: 8" line on west property line
Street Address: 2700 Block of W. FM 544
TRACT 16:
FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a.
Owner: Billy F. Davis, 105 Tanglewood Ct., Wylie TX 75098
Water: 8ft line on south side of FM 544 150 ft. to the west
Sewer: 8" line 200 ft. to the west
Street Address: 2722 W. FM 544
(iv)
TRACT 17:
SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a.
Owner: William A. Henry 2710 W. FM 544, Wylie, TX 75098
Water: 12" stub out adjacent to east, on south side of FM 544
Sewer: 8 " Sewer on Hooper Rd. adjacent to east
Street Address: 2710 W FM 544
(v)
ORDINANCE NO. 70 - 9
.. ,
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REQUIRING CONNECTION
TO A SANITARY SEWER MAIN OF ALL OWNERS AND OCCUPANTS OF BUILDINGS
WITHIN FIVE HUNDRED (500) FEET OF SUCH MAIN; REQUIRING CONNECTION TO BE
MADE WITHIN NINETY (90) DAYS AFTER HAVING BEEN NOTIFIED THAT SUCH
SANITARY SEWER SERVICE IS AVAILABLE; AUTHORIZING DISCONNECTION OF
WATER SERVICE UPON FAILURE TO CONNECT TO SANITARY SEWER SERVICE;
PROVIDING FOR THE REPLACEMENT OF A SANITATION SEWER LATERAL THAT
SERVES A RESIDENTIAL STRUCTURE ON PRIVATE PROPERTY TO CONNECT THE
LATERAL TO THE NEW SANITATION MAIN; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY OF "NE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are areas in the City to which sanitary sewer service is available
to which abutting property owners have not connected; and
WBHRBAS, the City has been mandated by the Texas Water Commission to
eliminate the mobile sewage collection system; and ~ fR\ {B)1t
"RllR.... " is te the tete",,' ef 'he pubtic h~~P."' well...
that all properties within the City to which sanitary sewer service is reasonabl available
should be required to connect thereto within a reasonable time; and
WHEREAS, the City Council recognizes that some property owners will suCCer a
severe financial impact if required to extend lateral lines and connect to the sanitary
sewer system in view of current fee requirements; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
All owners and Occupants of buildings situated in any section of the City where
sanitary sewers now exist or where they may hereafter exist within a distance of fiv.
hundred (500) feet of any such building are hereby required to connect the same with
the City sanitary sewer main; and such connection shall be made in accordance with
the requirements of all applicable ordinances of the City.
SECTION 2.
It shall be the duty of the City Secretary to notify the owner or occupant of
every building situated where there has been laid a sanitary sewer main within five
,/
-/
;,'
//"
hundred (500) feet of such building to make a sanitary sewer connection with the City
sanitary sewer within ninety (90) days after having been so notified by the City Secretary;
and any such owner or occupant of any building so situated who shall fail to make such
connection with the City sanitary sewer system shall have any City water service to
such building disconnected, and shall be guilty ot' a misdemeanor and subject to the
fine provided herein.
SECTION 3. Contract for Replacement of Sanita tion Sewer Lateral.
A. The City may contract for the replacement of a sanitation sewer lateral on
a septic system that serves a residential structure on private property In
order to connect the lateral to a new, renovated, or rebuilt sanitation
main constructed by the City. The City shall assess the cost of the
replacement of the lateral against the property on which the lateral is
located. A lien attaches to the property for the cost of the replacement.
B. Before a contract may be entered into, the City must obtain the property
owner's written consent to the contract for replacement and to the
assessment. The written contract must state that the person giving the
consent is the property owner or the authorized representative of the
property owner, must state the owner's address, and must state that the
consent is freely given, that the owner understands that as a result of
the assessment, a lien attaches to the property for the total cost of the
replacement, that the City will not pay any part of the replacement cost,
and that the owner has five (5) years from the date the work is completed
to repay the cost to the City.
C. Before the contract is entered into but after the City has received bids or
a cost estimate for the work, the City must give notice to the property
owner as to the cost or price accepted by the City for completion of the
work, and that contract price may not be increased by more than ten
percent (10~) because of changes without the written consent of the owner.
The notice shall be given to the owner by personal delivery or by depositing
the notice in the mail, postage prepaid, to the owner at the address in
the owner's written consent.
D. The City shall contract for the performance of the work or shall perform
the work with City forces.
E. Unless the owner waives the right to reject the contract as provided below
on or before the forly-fifth (45th) day after the date of notice, the owner
may reject the contract by notifying the City Secretary of the withdrawal
of consent. If the owner withdraws conl'lent, he l'lhall be required to make
the connection himself under the provisions of this ordinance. If the owner
fails to withdraw the consent during the forty-five (45) day period, the
City may perform or contract for the performance of the work, the work
may proceed, and the assessment may be made without further consent by
the owner. After such forty-five (45) day period, the owner may not
withdraw the consent.
F. The owner may waive the right to reject the contract by filing a sworn
affidavit to that effect with the City Secretary. After the affidavit is
filed, the City may contract for or perform the work, the work may
proceed, and the assessment may be made without further consent by the
owner.
G. When the work has been completed and accepted, the City may pay the
contractor the cost of the completed work.
H. When payment is made, the City shall issue a certificate certifying the
work has been completed and that payment has been made for costs
expended under the contract. The City shall file lhe certificate with the
county clerk of the county in which the property is located and shall
deliver a copy of the certificate to the property owner.
I. The property owner, within five (5) years after the date of is..'luance or
the certificate, must pay lhe City the amount that the City paid for the
completed work as evidenced by the certificate, plus simple interest in an
amount not to exceed k/1 B/lce".!~ (/0 ~) per year. The
contract shall specify the payment terms, and on payment of the principal
amount and all accrued interest, the City shall issue a release or the
assessment and lien which may be filed of record as provided by law.
J. If the pl'operty owner does not pay the assessment during the five (5) year
period as pl'ovided by the contract, the City may declare the contract in
default and enforce the lien on the property in the same manner in which
it is authorized by law to enforce the lien for a peving or other assessment.
SECTION 4.
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 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.
SECTION 6.
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court
of the City of Wylie, Texas, shall be punished by a Cine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
SECTION 7.
This ordinance shall take effect immediately from and after its passage and the
publication of the caption as the law and charter in such cases provide.
day of
DULY PASSED by the City Council of the City of Wylie, Texas, on the
{~J tl~-- , 1990.
1'1'
APPROVED:
tL! ~~
ATTEST:
(t~~r
\JJ:JiO '~R~Jl
CITY .~
RLD/sb
7/2/90
TIlE WYLIE NEWS
P.o. Box 369
Wylie~ Texas 75098
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority~ on this day personally appeared Chad Engbrock, of 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 forgoing attached
CITY OF WYlLIE _ O~dinane~~: 94_21.94-22.94-23.94-24.94-25-94-2 .9 -27.
94_28;94-29;94-30;94-31;94-32;94-34
Au.qu.~t: 24
, 1994 and
, 1994.
Subscribed and sworn to before me this the \
to certify which witness my hand and seal of office.
day of -Stt) Lw(fu YJ~'\-
~ 1994
\\\\)N.K{U} \~tcC1? ..
\ ~ Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
.
Serving Wideawake Wylie Since 1947
ORDlN,\NCE NO. 94-2H
AN ORDINANCE Of TilE CITY
Of WYLlE. TEXAS. ANNEXING
TERRITORY ADJACENT AND
CONTI(3Uo\ 1S TO TIlE CITY OF
WYLIE. TEXAS: FlNDlN(; TIIA l'
ALL NECESSARY AND
REt)UIRED LEGAL CONDI.
TIONS HAVE BEEN SAI1SFIED:
PROVIDING THAT SUCH
AREA SHALL BECOME A
PART OF THE CITY AND THAT
THE OWNERS AND INHABI.
TANTS THEREOF SHALL BE
ENTITLED TO THE RIGHTS.
PRIVILEGES. AND RESPONSI.
BILITIES OF OTHER CITIZENS
^-"1) BE BOUND BY THE ACT,
AND ORDINANCES NOW IN
EFFECT AND AS MAY BE
HEREINAnER ADOPTED
REPEALING ALL CONFLICT-
ING ORDINANCES: CONTAIN.
ING A SEVERABILITY
CLAUSE: AND PROVIDING
FOR AN EFFECTIVE DATE.
12.1t-