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Ordinance 1994-32 ORDINANCE NO. f/t/-~~ ~ jJ) 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 ij1 ('lj ~ IS! IS! i i U") !ji 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 ftrst 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, 1 WHEREAS, additional notice by certifted 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 speciftc ftndings 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 satisftes 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 located in the William Sachse Survey, Abstract No. 835, Collin County Texas, described as: COMMENCING, at the NE corner of said William Sachse Survey; THENCE, South 40 feet to a point for a corner, said point being in the South line of FM 544, and also in the centerline of Hooper Road; THENCE West with said South line of FM 544, 1,300.42 feet to the PLACE OF BEGINNING, said PLACE OF BEGINNING being also the NW corner of a tract conveyed to Billy F. Davis and wife, Mary F. Davis by Deed recorded in Volume 629 at Page 201 of the Collin County, Deed records (the Davis Tract); 2 THENCE, West along said south line of FM 544 a distance of approximately 190.48 feet to a point being the NE comer of a 2.0009 acre tract conveyed to Raymond E. Francis and J.D. Francis by deed recorded in Volume 3341 at Page 734-6; THENCE, South approximately 455.00 feet along the East line of said Freeman tract and the West line of the herein described tract, to a point, said point being on the South line of the 30 acre tract conveyed from L.M. Gayler and Bertha Mae Gayler to J.O. McWhirter, by deed recorded in Vol. 400 Page 110 of the Collin County Deed Records (McWhirter Tract); THENCE easterly along the said South boundary of said McWhirter Tract a distance of approximately 400.93 feet to the Southernmost SW comer of the above described Davis tract; THENCE N 310 42' W along the centerline of a drainage ditch 382.07 feet to a point; THENCE North 40 27' West 130.42 feet to the PLACE OF BEGINNING. (the same having heretofore in these proceedings been designated and referred to as Tract XV) 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. SECTION VI That the offtcial 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 offtcial map of the City to add the territory hereby annexed as required by law. 3 SECTION VIII That the City Secretary is hereby directed and authorized to ftle a certifted copy of this Ordinance in the Offtce 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 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 4 5 \ E i1/(Jl3-1-1 If! 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. 1 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. 2 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 3 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 4 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. 5 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 6 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 7 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 / I 8 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 ~. afO'd.- ~ ~ 94-~ 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 Jwuti~ - Ondinanee No. 94-33; Ondinanee No. 94-32; Ondinanee No. 94-39 Novemben 8 , 1995 and , 1995. Subscribed and sworn to before me this the <i to certify which witness my hand and seal of office. daYOf~ , 1995 Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake "wylie Since 1947 VKV~Al"iCE NO. 94"33 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING TERRI- TORY ADJACENT AND CONTIGU- OUS TO THE CITY OF WYLIE, TEXAS: FINDING THAT ALL NEC- ESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATIS- FIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWN- ERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS, PRIVILEGES, AND RESPONSIBILITIES OF OTHER CIT- IZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAYBE HERE- INAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. CITY OF WYLIE 23-1 t-339 ORDINANCE NO. 94-32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING TERRI- TORY ADJACENT AND CONTIGU- OUS TO THE CITY OF WYLIE, TEXAS; FINDING THAT ALL NEC- ESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATIS- FIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWN- ERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS, PRIVILEGES, AND RE- SPONSIBILITIES OF OTHER CITI- ZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAYBE HERE- INAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. CITY OF WYLIE 23-1 t-339 ORDINANCE NO. 94-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOTS 207 AND 208 OF FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS AND CONTRACTING THE CORPO- RATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY; RE- PEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. CITY OF WYLIE 23-lt-339 NOTICE TO CONTRACTORS FOR NORTH TEXAS MUNICIPAL WATER DISTRICT BUFFALO CREEK WASTEWATER TREATMENT PLANT EXPANSION SRCF 95-1 Sealed bids addressed to the Board of Directors of North Texas Municipal Water District (OWNER), will be received by the Executive Director at the district offices, 505 E. Brown St., The Joint Commission will acknowledge such requests in writing or by telephone and will inform the organization of the request for any inter- view. The organization Will, in turn, notify the interviewee of the date, time, and place of the meeting. 23-It-lOO3 TIPS ON HOW TO WRITE A CLASSIFIED AD THAT SELLS I. Use a KEYWORD. This immediately tells the reader exactly what it is you have to sell. 2. Make your description CLEAR and FACTUAL. State the year, make, model, color, size, and tell what condition the item is in. Also state the special fea- tures. 3. State the PRICE. Successful' classified advertisers have learned that the price in an ad helps increase the chances for results. 4. If there's a genuine sense of URGENCY, say so. The words, "We're Moving" or "Must Sell Fast" suggest that readers respond immediately. 5. Include your PHONE NUMBER. Classifieds get results fast and often gener- ate immediate sales. If you cannot be available to answer the phone at all times, be sure to specify special calling times such as "after 6 p.m." or "before II a.m." The Wylie News Classified Ad Form Classified ad rates: 15 words or less $4.00 and 25~ each additional word. Deadline for ad copy and payment is Monday, 12 noon. Ads must be paid prior to publication in person or by mail: The Wylie News P.O. Box 369 Wylie, Texas 75098 113 W. Oak 442-5515 Name Address City Zip Phone -.-.-.-.-.-.-.-.-.-.-.-.-.- Please print or type ad in the space below. (Only ad copy in this space will appear in the newspaper) Start date Account # (must be a Wednesday) # of weeks to run Classification # of Words Total $