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Ordinance 1995-32 � CITY OF WYLIE, TEXAS ORDINANCE NO. �� � AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR U � N LESS, SITUATED IN THE I&GN RAILWAY CO. SURVEY, ABSTRACT �g NO. 1061, TRACT 3, VOLUME 682, PAGE 330, 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, CI1'I' OF WYI,IE, COLLIN COiTNTY, T'EXAS - Page 1 12/ 11 /95 / 10:17am\l: mbox8\wylie\annex\6scholz. 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, CITY OF WYI.IE, COLLIN COiJN'I'Y, TEXAS - Page 2 12/ 11 /95 / 10:17am\l: mbox8\wylie\annex\6scholz. 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 3, Volume 682, Page 330, Collin County, Texas. Said tract is more particularly described in Exhibit "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, E�ibit 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�chibit 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, E�ibit 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, CIT'I' OF WI'LIE, COLLIN COL7NTY, TEXAS - Page 3 12/11/95/ 10:17am\l:mbox8\wylie\annex\6scholz.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. PA5SED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this �� day of 995 . ��� JIM S ARTZ, M or ORDINANCE ANNEXING 1.0 ACRES, CITY OF WYLIE, COLLIN COiJNTY, TEXAS - Page 4 12/ 11 /95 / 10:17am\l: mbox8\wylie\annex\6scholz. ord ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: ;°;� �� �� '� � ';, -:� S SAN SH L�R D. KAY WOODS City Secretary ;. ` City Attorney , � DATE OF PUBLICATION: � � , Wylie News ORDINANCE ANNEXING 1.0 ACRES, CITY OF WYI.IE, COLLIN COUNTY, TEXAS - Page 5 12/ 11 /95 / 10:1'1am\l: mbox8\wylie\annex\6scholz. ord EXHIBIT "A" Being a tract of land lying and being situated in Collin County, Texas, in the I. & G.N. Railway Company Survey of 18 acres, patented to Peter J. Lawless and being out of the Northwest portion of 63-1f2 acres conveyed by T.A. Berryman, et ux, to B.C. Wood by dee:d dated December 1, 1937, and recorded in Volume 316, Page 409 of the Deed Records of Collin County, Texas, and described as follows: BEGINNING on an iron rod set for Corner on the South right-of-way line of F.M. Road 544, saici stake being located approximately 1 foot South of a telephone pole and 837 feet East of the West line of said Survey in the middle of a public road; THf=NCE with the South right-of-way line of F.M. Road 544, East 208.71 feet to an iron rod set for Corner; THE:NCE perpendicular to said highway, South 208.71 feet (at 134 feet passing an REA povver line) to an iron rod set far Corner; THE=NCE parallel to said highway, West 208.71 feet to an iron rod set for Corner; THE=NCE perpendicular to said highway, North, passing said power line at 26 feet, a total distance of 208.71 feet to the place of BEGINNING, CONTAINING 1.00 Acre of land. � EXHIBIT B SERVICE PLAN for the 1995 - FM 544 Corridor Annexations WATER AND WASTEWATER SERVICE The Iterri Numbers listed below correspond to the attached annexation map. It��m No. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hoq�er Business Park, east, approximately 1,000 feet to serve 3 tracts (Wood, Scholz, and . Parker). lt�m No. 1 Extend water service from an existing 8-inch wafer main along FM 1378, westward along the north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. It�em 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). It�em 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. � Itern 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). Itern No. 2 Extend water service fran 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). Iteim 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 �AlJD FIRE PROTECTION The City ��vill expand police and fire protection services as needed to meet changing requirements. MAINTEI'JANCE OF WATER, SEWER, STREETS, ETC. The City �will own and maintain all facilities constructed, dedicated, and accepted for public use. SOLlD WASTE COLLECTION _ Provision� of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. � MR'►IIOYIaION MEIIEIM WMICM IIEETAICiS TNE 3AlE� IIEMTAI.ON USf Of THE DESCRI�ED RFAL PROPERTV 8E6AUSE pi Cplpp pq pACE IS IMVALIO AIHI UNEMIOIICFABLE Ui1DER fEDEMI UNM 8TAlE Of 1F%A6 t C �M�b1'a�MfY �t � M�stiwMM wt1 cIlEO in IAe FNe Nu� ���� � � � � ���� M �: +�d +vas duy RECORDED, ►�Nr1y �f Cwin GYnh, Tw� on APR 0 1 1996 ����� �� �`� y � � �� C01N11Y (��K.00�L1M COIIMtY,1EXA5 f ,t e Filed for (.ecord in: ` COL.LIN COUNTY TX HDNORABLE HEL�N STARNES �' � On 1�'36/04/01 CITY OF VVYLIE q� �: 36A �?000 HIGHWAY 78N 11tilYLIE,TEXAS 75098 Nuntibe•r: �6— 0025759 /� ��� /`� Ty pe : OR 25. 00 %� � � W V � � , � Q W � W W � '+ (dj U U W J �--� ►--� 3 ¢ � » w z �p ��v�o � � �,. � � c�i, as H � � � w w w ¢ �.� 3 v 3 z � � � ti � � Q R A A Q � W W W W L..I W W W Z Z Z Z Z =- s � = �: t • _ � :. �s �E `� W� i� �'" _ -•� :-- � -:i3_._,.._ 3 - - � � � �. ' � ' i � �Y i - �� � � :_ '� � � _ �, ,�`_____ _ I( � �> '` � � ; y; a, ii �' � � �� _ .' ;. _ � l� - . • - } -?�.L�' : � ..,-�,.: a � u � _�.= v: _ � ;� ' � � o�e fi!� �.' s yy � ; $j - }SY j ����i'�S�P£1�'`'y sY�x- ��� ol >! . t _ ff� a t. �'G� ��^�� ! - � � �' � � �� ;�, � � � u1 i J - '' 6 LL �1f! �i rI L 'I v�j ! ' :: � �+�.,: ' • Y . � � ; u 3r � ; � F5 K .' s ��� � �FS� '�iF �Y :' z ' - - � � ag� - _ � >�� � '"' �� ' ��� _ J . � i,3i � . � RZ �! ! �� �� � _ > � � , ; ���� _ � �a , x � � � �� -. � 1'7 .Ot .� �� � ��� �� �a� _ i ��- � � �� ; ; � • €� ��- �� s = ; j � `�� �" � _ � � � � ��' � ,�-�� ��� � F � � �� L��� �� I � `� . -�"���`�'� --= N { tE ` � : ?� � °`� �'� _-1 ; � _ __�-�� __.. ��.���� •. u����w �K.Yfiifq M 1 ' J � � � � ' i r" � . C a — � . T(17 (1_Cn '1Sr?a'� �i_:,^..J!�._n_.�y.�o �.,,�r.�b_ ._._.__.____.-_ - ------ - Jltk 6.7 Acres LT'0 Ac] Wither,POan W.",L S-- r, ' 4,0 I 6.0 Ac. -r-Jo 5 Gell _ SA♦. F1, Joe Mousrxright JonesPell 4.5 Ac..0 Acres B.Ilieones _ _ _ 7.5_Acres_ _ _ _ _ _ _ _ D.W. H—Pion Joe Ilousewright L 16-9 10.0 Acres 0 Acres - - " - K ne th Bevs- - - - 9.0 AcresMichael McAnally,t 11 8.99 Acres L!j J,M. Mann—tz - - '- - - - - - LBO] Acres Msl 751 Pkat I9R S it It 1 Irecl 1 A6al 19A act 2 i 1 20 J.L. Brand 1 _ I J.L. I Dorothy Green 1 France, Dotes J.M. M.—Itz 1 Paul Taylor Brand ' 54.98 Acres Wells 27.452 Acres Irotr.rr 22.4 Acres 1 Frances Bates Veils I tr...ael 10.95 Ac.l 75.80 Acres 191.40 Acres I S Ac 1 t I 1 1 Tr 22 ' IAbsl et9 I :Fc:% _ _11r 19 t` %�r.• Abit 819 ANA Q-1 I 1 �r•�'\• - I r'1 1rsc t 28 'I Ida I'enrl S[holz la] J.L. Drand I I :•\}:• I 33.7 Acres Dorothy Green 32.14 AcresI ' London T. Carlson 37.96 Acres •, I /'�! 'wst ntI Frances Dotes Wells I ---_- - - - _ - B.C. Vood S •1,a r ar t+" \� Frances Dotes Wells sT -I, -we+ 1 '�{7.78 Acres •• ` 1 London T. Carlson nv ocohs C+• ILLS.0 � -� I 17,5 Acres 9.9031 Acres ` I 7'� Mnt 266 29 W.1 S.D inti B.1 II 4,42 Acres,:': IAM r..ri e.c.V.o D.C. Wood scnotr 1 lb.a7 Ac W.I.S.D 39.9 Acr esr _ IS]8 Ac - 1 37.9 Acres 1 I 1 1 n 1 0 1 - L - - 1 1 C,iy or Wyle 1 Birn;nghon Land Trust c L_L�lJJ 80.07 Acres Agriculture Barn I 46.17 Acres I Wiley Mousewright 1 40.02 Acres I D. tiensl ey 1 i 16.0 Acres -.JJ I L•rJ ir.7-9 � I Iul I 1 Norlon I Var In M. FJ' I V inClPvrl Spred J Nller 1 Pr o.nr IJrrr Yl I r' a.]K 182]8 Acl 1029 K 110.956 Acl 15t Ac I I 1 I ' 1 I 1 I I �� . a� �f �c- �',�c�e , �'s a � THE WYLIE NEWS P.O. Box 369 �Vylie, Texas 75098 _ STATE C)F TEXAS COUNT :Y OF COLLIN Before me,l:he undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS; a n�:wspaper regularly published in Collin County, Texas and having general circulation in Collin County, Tex.as, who being by me duly sworn deposed and says that the forgoing attached (�7TV nx r��vi _. Ondi,nance.e Nah. 95-27; 95-28; 95-30; 95-31; 95-32; 95-33; 95-34; 95-45; 95-3G 95-37; 95-3&; 95-39; 95-40; 95-41; 95-42; 95-43; 95-44; 95-45; 95-4G; 95-4�; 95-48; 95-49; 95-50; 95-5�1; 95-52; 95-53; 95-54; 95-55; 95-56; 95-57; 95-58; 95-59 , 1995 and ,1995. Deeembelc 27, 1995 � Cha ngbrock � �/_9/� Subscribed and sworn to before me this the day of ,T� to certify w:hich witness my hand and seal of office. ~�� C ppK NIAR�' �bCw ' NotssY � �_ °� StB� g7 [� � F �� p �TMMC O� � Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 I�i-c. URDINAAif;� Nl'�. lS-32 AN ORDINANCE ANNEXING A 1.0 ACRE TRAGT OF LAND, MOi2E OR LESS, SITUATED IN THE 1&GN RAILWAY CO. SURVEY, AB- STRACT NO. 1061, TRAC'C 3, VOL- UME 682, PAGE 330, 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 CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HERE- INAFI'ER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLA- TION OF THIS ORDINANCE AND COMPRBHENSIVE 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 � T�3 P�JJRLIGAT'�Q1K t� TlfE c� . _ . . . 3�•1c�.