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Ordinance 1995-29 CITY OF WYLIE, TEXAS ORDINANCE NO. �/t,/'o �D �� AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR �` LESS, SITUATED IN THE I&GN RAILWAY CO. SURVEY, ABSTRACT y � N NO. 1061, TRACT 1, VOLUME 3138, PAGE 582-585, COLLIN COUNTY, � TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF � THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND ` BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND � HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A � VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and ORDINANCE ANNEXING 1.0 ACRES, CITY OF WYLIE, COLLIN COUNTY, 1'EXAS - Page 1 12/18/95/11:15am\l:mbox8\wylie\annex\9scholz.ord WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: ORDINANCE ANNEXING 1.0 ACRES, CITI' OF WI'LIE, COLLIN COiINTY, TEXAS - Page 2 12/11/95/ 10:23amU:mbox8\wylie\annex\9scholz.ord the Property situated in Collin County, Texas, being all of a called 1.0 acre tract of land, more or less, in the I&GN Railway Co. Survey, Abstract No. 1061, Tract l, Volume , Page , Collin County, Texas. Said tract is more particularly described in E�ibit "A" attached hereto and incorporated herein for all purposes. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, E�ibit A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every ORDINANCE ANNEXING 1.0 ACRES, CITY OF WYLIE, COLLIN COiJNTY, TEXAS - Page 3 12/11 /95/ 1023am\1:mbox8\wylie\annex\9scholz.ord day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 1� day of 1�t/ 1995. JIM ARTZ, yor ORDINANCE ANNEXING 1.0 ACRES, CITI' OF WI'LIE, COLLIN COUNTY, TEXAS - Page 4 12/ 11 /95/ 10:23 am\l: mbox8\wylie\annex\9scholz. ord ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: USAN SH LER �: D. KAY WOODS City Secretary � ; City Attorney � ` ,' ��� ' � � �:::': t�' 1' � 4V��� DATE OF PUBLICATION: �� , Wylie News ORDINANCE ANNEXING 1.0 ACRES, CITI' OF WYLIE, COLLIN COUNTY, TEXAS - Page 5 12/ 11 /95/ 10:23 am\l: mbox8\wylie\annex\9scholz. ord EXHIBIT "A" Being a tract of land lying situated in the I. & G. N. R. Co. Survey, Abstract No. 196, City of Wylie, Collin County, Texas, and also being part of a 63.5 acre tract as conveyed to B.C. Wood, recorded in Volume 316, Page 409, and also being part of a 27.735 acre tract as conveyed to B.C. Wood, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point on the South line of F.M. Road No. 544, said point being South 88 deg. 03 min. 00 sec. West, a distance of 204.78 feet from the East line of said 63.5 acre tract, a 1/2" iron stake set for corner; THENCE North 88 deg. �3 min. 00 sec. East, along the South line of F.M. Road No. 544, a distance of 208.72 feet to a 1/2" iron stake set for corner; THENCE South 1 deg. 57 min. 00 sec. East, leaving the said South line of F.M. Road No. 544, a distance of 208.72 feet to a 1/2" iron stake set for corner; THENCE South 88 deg. 03 min. 00 sec. West, a distance of 208.72 feet to a 1/2" iron stake set for corner; THENCE North 1 deg. 57 min. 00 sec. West, a distance of 208.72 feet to the Place of Beginning and Containing 1.00 acres of land, more or less. � EXHIBIT B SERVICE PLAN for the 1995 - FM 544 Corridor Annexations WATER AND WASTEWATER SERVICE The Item Numbers listed below correspond to the attached annexation map. Item No. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hocper Business Park, east, approximately 1,000 feet to serve 3 tracts (Wood, Scholz, and . Parker). Item No. 1 Extend water service from an existing 8-inch water main along FM 1378, wesfinrard along the north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No. 6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts (Housewright, Hensley, Van Cleeve, Speed, Miller, Bradshaw, Caldwell, and Oliver). Item No. 4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the north approximately 1,400 feet to serve six tracts (Brand (4), Wood, and Taylor). � Item No. 8 � Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two tracts (J.L. Brand and Dorothy Green, and J.L. Brand). Item No. 7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, approximately 700 feet to serve the Swanson tract. � Item No. 9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, across the Francis Bates tract and then along the common line of the 34.98 and 32.14 acre J.L. Brand and Dorothy Green Tracts, approximately 3,400 feet to serve eight tracts (Brand (3), Taylor, Wood, Lemmon, and Mannewitz). Item No. 2 Extend water service from the existing 12-inch water main along north side of FM 544 northward following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts (Mannewitz and Lemmon). Item No. 3 � Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts (Mannewitz, Housewright, and Housewright). Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Inte�ceptor Sewer east and then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracts. POUCE A1VD FIRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAIlVTENANCE OF WATER, SEWER, STREETS, ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOUD WASTE COLLECTION - Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. . � ANY r110111lIOM t1El1E1MWNMiM II[S1R�1ME �LE� IIENI�L.011 USE OFTME �BCRISEO REAI PROPERiY rECAUtE L'Ol OR NACE IS INVALID IINO WIENFOpCEABIE WWEW ►EOEML 4AW �p�r OF Co:uq � STATE Of tEXAt) j�eNyfyp�yiyp�qyb�umMMwqFKE0M1AeFi NumC�rSe ua�cs MIMNOIIIOW �iR�OMM�N�/ Ma� 6 � T� APR 0 1 1996 ��. �'� �tr��►�n►,n� � Filed far �tecord in; COLLIN COUMTY TX � HONOF.AE�LE HEL�kN STA�NES ' On 199fs/04/01 CIIY OF WYL1E 2000 HIGHWAY 78N At 9: 36A VYYLIE, TEXAS 09g Numbe•r ��7" 00'LJ7JEi �,(��` Type : OFi 2�.00 � S�!)an1 J;CHa 0 Ac, 6.7 noes_�• _ �_ + Poul TTM V;t A POOH L4ay C.i•a•am r� ' 4.a 0 c. 6.D Ac. - - nnal 849 Ronne Joe Housewrgh; ''1 Jones Pe' 4.5 Ac. tr 1,3 F'• DBI;e Jones 29.0 Arses _ 7_.5_Ac_res _ _ _ _ _ _ _ _ _ _ _ _n��t�ax9 �• r- O.W. 11—pion _ _ - P.nn;e Joe Ilouse-light lr 16-9 10.0 Acres 29.0 Acres " K eth L MJ - - - - - - - - - - - 9.0 Acres nt.at ax9 a s Macho el MCAnatty Gr,i F, ,>' 899 Acres wM J.M. Monnewitz - -t- - - - - 28.81 Acres nest nl Haat 196 { lr It 1 tract 1 Pbsl 19h trod 2 5 I - nntl Pa9- - 1r 20 J.L. Drnnd 1 1 J.L. I Dorothy Green I Frances Dotes JM. Monnewitz 1 Pout Taylor Brand 1 54.98 Acres Wells 27,452 Acres Ieno-.rr 224 Acres 5 Fronces Dotes veils I Lr...��1 10.95 Ac.l 75.80 Acres 191.40 Acres I Sac I 1 1 1 1 1Abs1 e0 1 rFPe 19 -_ — Abst 049 Ida Pearl Scholz I' Ixx J J.L. Drnnd 33.7 Acres Dorothy Green 32.14 Acres London T, Carlson 37.96 Acres 1 �, 1 wst 711 I Frances Dotes Wells 1 13-9 da rrarf ° 'V Fronces Oates Webs L o schatr �.._ I 1 �;17,7p Acres ••� 1 London T. Carlson oy �ocone I i 11• W.1.S.0 _� Z I 17,5 Acres 9.9031 Acres ` _ I - 1� _ Hast 266 9 1 W.I.S.D ir.;e.l II 4,42 Acf PS,%"- l.b Pari B.t.vood D.C. Wood xnmx I lb.w Ac V.LS.D 39.9 Ac- 15 Is c-1578 Ac 1 73.9 Acres I 1 I. I 1 1 0 L City of Wyle I Birmingham Lond Trust 80.07 Acres Agricultul-e Dorn I 46.13 Acres I I Wiley Housewr;ght I 40.82 Acres I D. Hensley 16.0 Acres J� I rr; Absl 197 IT--- -J lr.7-9 f `n.J G 1 fJOrlon 1 Var la K Pf' I . VanClearf $P•ra �Miler I Poo.nr fJ.erYl r.j��f 10278 ac 1029 nc 10.956 Act PISA Ac flr•P21a7 Pi I 1 , I I 1 1 I I I I 1 1 OitDII�IAAICE l�it�. 93-29 AIV ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I&GIV RAILWAY CO. SURVEY, AB- STRACT NO. 1061, TRACT 1, VOL- UME 3138, PAGE 582-585, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABI- TANTS OF THE ABOVE-DESCRIB- ED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CIT�IZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HERE- INAFfER ADOPTED; PROVIDING ,FOR A PENALTY FOR A VIOLA- TION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDI- NANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEV- ERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING F�#t Tl�� 1'i.��.iGA7'iON OP THE GA� • 34-1t-c.