Ordinance 1995-48 CITY OF WYLIE, TEXAS ORDINANCE NO.� ��
AN ORDINANCE ANNEXING A 40.82 ACRE TRACT OF LAND, �
�
MORE OR LESS, SITUATED IN THE L.K. PEGUES SURVEY, ��
ABSTRACT NO. 703, TRACT 6, VOLUME 772, PAGE 513, COLLIN N
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND l�
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 ANNP.7CING 40.82 ACRES, CTI'Y OF WYI.ff:, COLLIN COUN'I'Y, 'I'EaCAS - 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 ANNEXIIJG �0.82 ACRFS, C1TY OF WYI.IF,, COLLIN COLJN'I'Y, TE?CAS - Page 2
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the Property situated in Collin County, Texas, being all of a called 40.82
acre tract of land, more or less, in the L.K. Pegues Survey, Abstract No.
703, Tract 6, Volume 772, Page 513, 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, Exhibit A, and any
amendments thereto; and it shall be nnlawful 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,
Exhibit 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
ORDINANCE ANNEXIIdG 40.82 ACRES, CPl'Y OF WYI.IE, COLLIIV COLJNTY, 7F.XAS - Page 3
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shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and
each and every 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 ��ay of 1995.
M SWARTZ, Mayor
ORDiNANCE ANNEXING 40.82 ACRES, Cl'I'Y OF WY[.IE, COLLIN COIJN'I'Y, 'IEXAS - Page 4
12I'OSNS/1:45pmU:mbox8\wylie�a nnex�hwright.ord
ATTESTED TO AND .,_�����
CORRECTLY RECO,�Z�i? �Y APPROVED AS TO FORM:
. ,` .
._�� �>,
:,
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SAN SHU ER ;`; �` `;�� � �� E�. KAY WOODS
City Secretary ;, ,,, �ity Attorney
DATE OF PUBLICATION: ��0 j���� , Wylie News
ORDINANCE ANNF.XWG 40.82 ACRF.S, CPI'Y OF WYI.IF,, COLI.IN COUN['Y, 7F.XAS - Page 5
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EXHIBIT "A"
Being a tract of land lying and being situated in Col�in County, Texas, and being a part of
the L. K. Pegues Survey;
BEGINNING at a stake the Southeast corner of W.H. Johnson's 18 acre tract of land, the
same being in the West line of the aforesaid 38 4/7 acres deeded by Henry Pegues to J.L.
Moulden on the 20 day of February 1880;
THENCE SOUTH 676 varas to Southwest corner of above named 38 4/7 acre tract;
THENCE EAST 172 varas to a stake Southeast corner of tract;
THENCE NORTH 676 varas a stake;
THENCE WEST 172 varas to the place of beginning containing 20 4/7 acres of land, more
or less, and being the same land described in a Partition Deed between J.T. Murphy and
wife and J.L. Moulden, recorded in Vol. 124, Page 34, Collin County Deed Records.
�
EXHIBIT "A"
Being a tract of land lying and being situated on Muddy Creek, in Collin County, Texas,
and being a part of a survey of 114 acres of land patented to L.K. Pegues, and being also
a part of a 38 acre tract out of same survey that was deeded by George H. Pegues and
wife, to Sara A. Wiflifor by their Deed of date April 25, 1860, and recorded in Bk. Q, Pages
127-128, of the Records of deeds of Collin County, Texas, to which reference is here made
for a better description of said tract of land, and that part of same as is here now conveyed
is further described as follows, to-wit:
BEGINNING at a stake in the South iine of said 114 acre survey 172 varas East of the
Southwest corner thereof;
THENCE NORTH 676 varas to the Southwest corner of William Johnson's 18 acre tract;
THENCE EAST 172 varas to the Southeast corner of same;
THENCE SOUTH 676 varas to the South line of said 114 acre survey;
THENCE WEST 172 varas to the place of beginning, containing 20 4/7 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 Hoq�er
Business Park, east, approximatefy 1,Q00 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 AND FlRE PROTECTION
The City will expand police and fire protection services as needed to meet changing requirements.
MA/NTENANCE 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.
. �
AlKPIIGNEIOM IIERflMMINICN IIESTR1Ct6 fME II1LE, RfiRM.OR USE OFTME
DESCRI9ED REAL PNOPERIY BE_ i(AUSE �F COION Q11 RACE iS INVIUJO AND
� � NE E NFORCFABIF UNOER FEDEniu uw CouNrr oF c,rn.u�1
( Iiu��Y � tl�M MntroniNMwN FlIED In 1M � Nur�Der St(nenG
on tla did� Md tM tlme fU Mr1on M nM��q w�u AWY �ECOaOED,
M1 tiM OtRW P�OIk pM��M ��� �1 C�NM GW�, Tew �n
APR 0 1 1996
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Filed for Reco�rd in:
CQLLIN COUNTY TX
HONOkARLE HEL�N 5TARNES
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2000 HIGHWAY 78N Numbe�r :'�E- 002�775
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T� wYL�i �■� S P.O. 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
NEW�; 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
OtccLiKance.e Na�. 95-27; 95-28; 95-30; 95-31; 95-32; 95-33; 95-34; 95-45; 95-3G
95-3�; 95-3�; 95-39; 95-40; 95-41; 95-42; 95-43; 95-44; 95-45; 95-46; 95-47; 95-48; 95-49;
95-50; 95-51; 95-52; 95-53; 95-54; 95-55; 95-5G; 95-57; 95-5�; 95-59
, 1995 and ,1995.
'Decexnbeh. 27, 1995
�
Cha ngbrock
� `/ �/�
Subscribed and sworn to before me this the day of ,?�-
to certify which witness my hand and seal of office.
"-►^-�
C ppK
.� ":�,� c M �o ery .�axas
�i � . StB�
97
��. � � � P
r r �
� o`ty Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
Serving Wideawake Wylie Since 1947
7 CITY OF WYLIE, TEXAS
> � ORDINANCE NO. 95-48
1
AN ORDINANCE ANNEXING A
40.82 ACRE TRACT OF LAND,
MORE OR LESS, SITUAIED IN THE
L.K. PEGUES SURVEY, ABSTRACT
NO. 703, TRACT 6, VOLUME 772,
PAGE 513, 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 CI'FIZENS 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 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 ORDI-
NANCE; AND PROVIDING FOR THE
PUBLICAT[ON OF THE CAPTION
HEREOF.
,� � 30-1 t-c.