Ordinance 1994-44
ORDINANCE NO. 91- t(
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, V ACA TING DOG DROP
LANE (CR 383) IN ITS ENTIRETY; PROVIDING FOR REVERSION OF THE
V ACA TED STREET TO ADJACENT PROPERTY OWNERS; RESERVING AND
EXCEPTING FROM SUCH V ACA TION CERTAIN EASEMENT AND RIGHT OF WAY
RIGHTS IN FAVOR OR THE CITY; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the Wylie City Council, under Art. II Section IE of the Wylie City Charter and
Art. 1175 of VACS, has authority to close and vacate streets and alleys within the City; and,
WHEREAS, the North Texas Municipal Water District (NTMWD) who owns in excess
of two-thirds of the property lying on either side of Dog Drop Lane (Subject Street) between
Paul Wilson Road and Lynda Lane has requested that the same be closed, vacated and
abandoned; and,
WHEREAS, the City Secretary has caused notice of the August 23, 1994 public hearing
concerning the proposed closure of the subject street to be published for two consecutive weeks
in a newspaper of general having general circulation within the City, as well as sending written
notice of such hearing to all owners and residents of property which abutting the subject street;
and,
WHEREAS, the City Council has, pursuant to the aforesaid notices, heretofore on this date
conducted a public hearing concerning the closure of such street, wherein the persons owning
property and living in the area of the subject street, as well as the general public, were given an
opportunity to present their comments, testimony, and opinions concerning such closure; and,
WHEREAS, the City Council has determined, in its legislative capacity and discretion, that
closure of the street as hereinafter provided is in the best interest of the health, safety, and
welfare of the area in which it is located, as well as benefitting the public safety, health, comfort
and convenience or welfare of the public in general, and therefore desires to take formal action
to close said street;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That portion of Dog Drop Lane (CR 383) lying between its intersection with Lynda Lane
(CR 389) and its intersection with Paul Wilson Road (CR 384), in the City of Wylie, Collin
County, Texas, be and it hereby is closed, abandoned, and vacated; save and except a reservation
in favor of the city to have and maintain (whether utilized or not) a perpetual easement for any
and all municipal purposes, including without limitation utility lines and appurtenances (above
and below ground) 30 feet in width and extending 15 feet on either side of the center of Dog
Drop Lane as the same presently exists.
SECTION II
That the property herein vacated and abandoned shall revert to the respective property
owners who abut the abandoned portion of the said street, subject to the right to challenge such
abandonment brought within two years from the passage of this ordinance.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
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
2
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
23rd day of August, 1994.
I?
James D.Swartz
Mayor
ATTEST: ~4~
Mary Nichol
City Secretary
Approved:
Steven P. Deiter
City Attorney
3