Ordinance 1995-38 CITY OF WYLIE, TEXAS ORDINANCE NO. � 3�
AN ORDINANCE ANNEXING A 10 ACRE TRACT OF LAND, MORE OR I�
LESS, SITUATED IN THE G.W. GUNNELL SURVEY, ABSTRACT NO. �
351, TRACT 7, 7-9, VOLUME 684, PAGE 218, 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 �g
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 ACRES, CITY OF WYLIE, COLLIN COUNTY, 1'EXAS - Page 1
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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 ACRES, CITI' OF WYLIE, COLLIN COiJNTY, TEXAS - Page 2
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the Property situated in Collin County, Texas, being all of a called acre
tract of land, more or less, in the G.W. Gunnell Survey, Abstract No. 351,
Tract 7, 7-9, Volume 684, Page 218, 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 E�ibit "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�iibit 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 ACRES, CITI' OF WI'LIE, COLLIN COUNTY, TEXAS - Page 3
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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, E�ibit 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 �� day of 1995.
JIM SW TZ, Ma r
ORDINANCE ANNEXING ACRES, CITI' OF WYLIE, COLLIN COLJNTY, 1'EXAS - Page 4
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ATTESTED TO AND
CORRECTLY RF������� BY: APPROVED AS TO FORM:
.v``a�w�`��4'` �,r' ' t �'•;: ;
``w.' . \
�
USAN SH� ��- D. KAY WOODS
City Secreta� ` � � City Attorney
�
�, �,
``;•. !, "�.
�
DATE OF PUBLICATION: � , Wylie News
ORDINANCE ANNEXIlVG ACRES, CITY OF WYLIE, COLLIN COIJNTY, TEXAS - Page 5
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EXHIBIT "A"
Being a tract of land lying and being situated in Coilin County, Texas near Wylie, Texas
and being a part of the G.W. Gunneii Survey, Abstract No. 351 and being a part of a 100
acre tract conveyed by Josiah Stone by deed to W. B. Burch, dated the 26th day of
December, 1882, and recorded in Volume 19, Page 516 of the Deed Records of Collin
County, Texas and being more particularly described as follows:
COMMENCING at a point in the West R.O.W. of F.M. No. 1378 with its intersection with
the South line of a 7 1/2 acre tract cut off of said Burch 100 acre tract; thence South 0 deg
56 min. East with the West R.O.W. of F.M. No. 1378, 194fi.34 feet to the Place of
Beginnir�g;
THENCE WEST, 1656.48 feet to a point for corner in old fence line;
THENCE SOUTH with old fence line, 262.62 feet to an iron stake for corner, said point
being the Northwest corner of a 10 acre tract and being North 261.97 feet from the
Southwest corner of a 30 acre tract out of said Burch tract;
THENCE EAST with the North line of a 10 acre tract, 1660.74 feet to a point in the West
R.O.W. of F.M. No. 1378;
THENCE NQRTH 0 deg. 56 min. West with West R.O.W. of F.M. No. 1378, 262.65 feet
#o the place of beginning and containing 10 acres of land.
�
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 Hoq�er
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, westward 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 AIVD FIRE PROTECTION
The City will expand police and fire protection services as needed to meet changing requirements.
MAINTENANCE OF WATER, SEWER, STREETS, ETC.
The City will own and maintain all facilities constructed, dedicated, and accepted for public use.
SOLID WASTE COLLECTION -
Provision of service to new customers is covered by the franchise agreement with the service
provider. Service will be expanded as needed.
�
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THE WYLIE NEWS p .0. Box 369 �Vylie, 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
���� ,����,,,���� Ondi.nance,� Nah. 95-27; 95-2&; 95-30; 95-31; 95-32; 95-33; 95-34; 95-45; 95-3G
95-37; 95-38; 95-39; 95-40; 95-41; 95-42; 95-43; 95-44; 95-45; 95-4G; 95-47; 95-48; 95-49;
95-50; 95-51; 95-52; 95-53; 95-54; 95-55; 95-56; 95-57; 95-58; 95-59
, 1995 and ,1995.
�ecembelc. 27, 1995
7
Cha ngbrock
Subscribed and sworn to before me this the � day of ,
?�}5-�
to certify which witness my hand and seal of office.
~��
C ppK
N1Af'��'�' �b1ic
,•�'+": "u tyotatY S �
�_ � °� 5��� 97
{ . � � �p P
/�. !M
� w �� 4l•
Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
Serving Wideawake Wylie Since 1947
' CTI'Y OF WYL�, TEXAS
� ORDINANCE NO. 95-38
AN ORDINANCE ANNEXING A 10
ACRE TRACT OF LAND, MORE OR
LESS, SITUATED IN THE G.W.
GUNNELL SIJRVEY, ABSTRACT
NO. 351, TRACT 7, 7-9, VOLUME
684, PAGE 218, COLLII�I 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 , ORDI-
NANCE AND COMPREHENSIV�
ZONINC 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 ORDI-
IVANCE: AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION
�REOF.
30-1 t-c.