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Ordinance 1995-05 ORDINANCE NO. f6-~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING 80.0663 ACRES OF TERRITORY 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 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 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) the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex 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, the subject property has been purchased by the City of Wylie which desires annexation of such property under S43.028 Texas Local Government Code which provides authority for annexation of sparsely populated or unpopulated areas; and, WHEREAS, the subject property lies within the Extra Territorial Jurisdiction of the City, is contiguous 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 area of the City as of January 1, 1995; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that: SECTION I. 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 2. 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; 1 C. The subject property is legally eligible for annexation into the City; SECTION 3. The property described on the attached Exhibit "A" hereto, is hereby annexed and brought within the corporate limits of the City of Wylie, Collin County, Texas. SECTION 4. 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 "B". SECTION 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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. 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of April, 1995. 1 .' / mes D. Swartz ayor / C ATTEST ~~~ Mary Nichols City Secretary 3 ORDINANCE 95-5 GF#9501422BC EXHIBIT II A" BEING a tract of land situated in the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" Iron Rod Set for corner in the west line of the I. Clifton Survey and the east line of the L.K. Pegues Survey, said corner being the northwest corner of a 17 Acre Tract conveyed to M. Hensley in Volume 292, Page 190, Deed Records, Collin County, Texas; THENCE N 0 deg. 59 min. 04 sec. E, along said west line, a distance of 1490.75 feet to a 5/8" Iron Rod Set for corner; THENCE S 89 deg. 05 min. 19 sec. E, departing said west line, a distance of 1743.98 feet to a 5/8" Iron Rod Set for corner in the west line of the F.O. Birmingham Memorial Land Trust, as found at County Clerk No. 92-0091825, Deed Records, Collin County, Texas; THENCE S 3 deg. 57 min. 07 sec. W, along said west line a distance of 162.83 feet to a 1/2" Iron Rod Found for corner, said corner being the southwest corner of the aforementioned F.O. Birmingham Land Trust; THENCE S 87 deg. 27 min. 15 sec. E, along the south line of the abovementioned tract, a distance of 318.59 feet to a fence corner in a 10" Bois d'arc tree for corner, said corner also being the northwest corner of a 37.247 Acre Tract of land conveyed to Wylie Independent School District as found at Clerk No. 92-0092602, Deed Records, Collin County, Texas; THENCE S 1 deg. 54 min. 08 sec. W, along the west line of abovementioned tract, passing at a distance of 1165.32 feet the southwest corner of the abovementioned tract, said corner also being the northwest corner of the J.H. Hale 47.256 Acre Tract as found at Clerk No. 92-0008849, Deed Records, Collin County, Texas, continuing along the west line of abovementioned tract a distance of 594.53 feet, for a total distance of 1759.85 feet to a 1/2" Iron Rod Found for corner, said corner being the northeast corner of a tract conveyed to J.B. Robinson in Volume 1580, Page 861, Deed Records, Collin County, Texas; THENCE N 88 deg. 18 min. 47 sec. W, along the north line of said tract, a distance of 1135.25 feet to a 1/2" Iron Rod Found for corner, said corner also being in the east line of the aforementioned M. Hensley 17 Acre Tract and also being the northwest corner of the B. Bradshaw Tract as found in Volume 1632, Page 673, Deed Records, Collin County, Texas; THENCE N 1 deg. 28 min. 13 sec. E, along said east line, a distance of 425.18 feet to a 5/8" Iron Rod Set for corner, said corner being the northeast corner of said 17 Acre Tract; THENCE N 89 deg. 05 min. 19 sec. W, along the north line of said 17 Acre Tract, a distance of 894.27 feet to the POINT OF BEGINNING and containing 3,487,686 square feet, or 80.0663 Acres of land, more or less. EXHIBIT "A", Page 2 ~ x _ - , o.oe.~8.00 J . ' O a. S ~e l.?y6 I.~~a 6e7 ~ S ow ~~c. o- ~ ~ ~e~ _ ~,~~~a,_ 2F 173es0. 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Nry N ee•~o n• v 17 nCnES IU5.25 x x~ ~e,. ~n~. ~fr+SlEr ROM ORDINANCE 1~D: 95-5 AN OitDINANCE (3F THE CITY OF WYLIE, TEXAS, ANNEXING 80.0663 ACRES OF TERRTTORY CONTIGUOUS TO THE CITY OF WyLIE, TEXAS; FIl~TDING THAT ALL NECESSARY AND' REQUIRED LEGAL CONDI- TIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWN~RS AND INHABITANfS THEREOF SHALL BE BOUND BY THE ACTS AND ORDI- NANCES NOW IN EFFECT ~?ND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILI- TY CLAUSE; AND PROVIDING FOR AN EFFECTTVE DATE. CITY OF WYLIE Mary Nichols, City Secretary 49-it-c.