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Ordinance 1995-61 CITY OF WYLIE, TEXAS ORDINANCE NO. 95: 0 / AN ORDINANCE ANNEXING A 56.65 ACRES OUT OF 67.6 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. SPARKS SURVEY, ABSTRACT NO. 849, TRACT 19, VOLUME 1376, PAGE 94-96, IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 15, VOLUME 1376, PAGE 95-96, IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 15, VOLUME 757, PAGE 242, 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 ORDINANCE ANNEXING 56.65 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 1 01117/96/1 0:09am\l:mbox8\wylie\annex\Obrand.ord annexed; and 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 56.65 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 2 01/17/96/ I 0 :09am\l: mbox8\wylie\annex\Obrand. ord the Property situated in Collin County, Texas, being all of a called 10.95 acre tract of land, more or less, in the M. Sparks Survey, Abstract No. 849, Tract 19, Volume _, Page _, 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 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, 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 ORDINANCE ANNEXING 56.65 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 3 0I/17/96/10:09am\l:mbox8\wylie\annex\Obrand.ord 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 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 JqRday of &~ 1995. t#1 ORDINANCE ANNEXING 56.65 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 4 01/17/96/10:09am\l:mbox8\wylie\annex\Obrand.ord ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: D. KAY WOODS City Attorney DATE OF PUBLICATION: ~.;;3/19f~ , Wylie News ORDINANCE ANNEXING 56.65 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 5 o I I 17/961 I 0:09am \1:mbox8\wylie\annex\Obrand. ord EXHIBIT "A" Being a tract of land lying and being situated in Collin County, Texas, being out of the Moses Sparks Survey, Abstract No. 849 and the G.W. Gunnell Survey, Abstract No. 351, and being a part of two tracts of land as conveyed by J.B. Winkler and Leota Winkler to J.L. Brand and Maudie R. Brand by deed recorded in Vol. 352, page 569 of the Collin County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a point for corner in the East line of said Gunnell Survey, a distance of 1220.24 feet from the Southeast corner of same; THENCE North along the East line of said Gunnell Survey, 1638.88 feet to a point for corner in same; THENCE Westerly 1550.0 feet to a point for corner in the common line of said Gunnell Survey and the M. Sparks Survey, Abst. No. 849; THENCE SOUTH along said common line, 206.58 feet to a point for corner in same; THENCE WEST 372.7 feet to a point for corner; THENCE S 13022'W, 683.7 feet to a point for corner; THENCE S 37028'E, 67.97 feet to a point for corner; THENCE S Oo10'W, 369.6 feet to a point for corner in the North line of B.C. Wood 37.03 acre tract as recorded in Vol. 332 at Page 137 of the Collin County Deed Records; THENCE EAST along the North line of said Wood tract, 720.62 feet to its Northeast corner; THENCE SOUTH, along the east line of said Wood tract, 446.26 feet to a point for corner in same; THENCE EAST, 1295.58 feet to the Place of Beginning and Containing 70 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, 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 frcm 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 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. THE WYLIE NEWS p.o. Box 369 Wylie, 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 CITy OF GIyLI~ - Ond~.v~av~ce Na. 95-G1 Juv~ucuz y 2 4 , 1996 and ,1996. Ch d Engbrock Subscribed and sworn to before me this the day of ~ ~ ,1996 to certify which witness my hand and seal of office. K c~~' ~u~ ~p~'N~~~y ~'"~.'~e~,Q ~~taQ a~a~ . ~ D. : z ~ ~m~. i ~ t ~ 5~~~~ ~~,o~ Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 I ~f pe~ L4 ~~li,R~„"".." 77~V1 ~ ~ . ~ oRDINa.ricE ~ 56.65 ACRFS ~UT OF 67:6 ACRE IVIORE OR TRACT OF LAl~i1~. LESS, SITUA'FED ABS RACT Sp~~t,KS SURVEY, NO. 849, TRACT 19, Vd ~ W 1376, PAC'TE 9496, IN T~ GUNNELL SURVEY, AB" TRACT 15, STRACT NO'. 351, VOLiJME 1376, 1'p?LL SURVEY, 'T~iE G• W C'U~ CT 15, Ag~Tg,pC'T NO. 351, 242> VOLUME 75~, PP?GE COLLIN COUNTY, TE~S;.PRO- VIDINCr THAT THE OWNERS AND INH??BITANTS a ~ pgOVE-DESCRTBED '£RA Lp~ gHAI,L BE ~EGES THE RIGHTS ~ S OF WYI-IE OF O'I~R CITIZEN p,ND BE BOUND BY T~ A~TS AND ORDINAI`iCES N~W IN EFFECT AND HEREINAFTER ~pp~D; PROVIDING FOR A PENALT~ FOR A VIOLA'~ON OF THIS ORDINAN ~oN NG COMPREHEN SIV E ORDINANCE NO. 91-24, CHAP- OF TER 12, EXHIBI oF`A~RDI- WYLIE' S CODE NANCES; PROVIDING FOR REPEALING, CL USES> p 0' VIDI~F R N EFFECTIVE DpTE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF TH~ CAP- ~~~F' 341t-c.