Ordinance 1998-42
4389 34\3
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CITY OF WYLIE, TEXAS
ORDINANCE NO. .;;1~-/A
AN ORDINANCE ANNEXING A 28.333 ACRE TRACT OF LAND, MORE OR
LESS, SITUATED IN COLLIN COUNTY, TEXAS, BEING PART OF A CALLED
58 ACRE TRACT OUT OF THE HENRY L. DOUGLAS SURVEY, ABSTRACT
NO. 292 AND THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860,
CONVEYED TO W. 0, HOUSTON AND JOHN D. HOUSTON BY G. H.
DREWERY AND RECORDED IN VOLUME 339, PAGE 436 OF THE DEED
RECORDS OF 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. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DA IE 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
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
4389 3414
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 in "Exhibit A" and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed to Wylie:
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.
4389 3415
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. 85-23A, 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. 85-23A, and any amendments
thereto.
SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance
and Comprehensive Zoning Ordinance No. 85-23A, 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 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. 85-23A, 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 or as required by law.
4389 3416
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on
this /D day of h~ 1998.
W~~or
ATTESTED TO AND
CORRECTLY RECORD BY:
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DATE OF PUBLICATION: lkH1b~..:2~ /9!Y~
, Wylie News
4389 3417
Exhibit A
All that tract ofland situated in Collin County, Texas, being part of a called 58 acre tract out of
the Henry L. Douglas Survey, Abstract No, 292 and the William Sutton Survey, Abstract No,
860, conveyed to W. 0, Houston and John D. Houston by G. H. Drewery and recorded in
Volume 339, Page 436 of the Deed Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING 695,36 feet, S 01046' W of the NW corner of the called 58 acre tract, the same
being also the NW corner of the Henry L. Douglas Survey, Abstract No. 292;
THENCE S 01046' W along the West line of the said Douglas Survey a distance of676.59' to
corner, the same being the SW corner of the called 58 acre tract;
THENCE S 870 11' E along the South line of the called 58 acre tract a distance of 1773,39' to
corner in the West line of Old Highway No. 78;
THENCE N 010 00' E along the West line of Old Highway No, 78 a distance of719.44' to
corner;
THENCE N 880 34' W a distance of 1763.48' to the Place of Beginning and containing a total of
28,333 acres ofland,
4389 3418
"EXHIBIT B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. ~fb ... 4 ';r
DATE OF ANNEXATION ORDINANCE: 1 /J / IS/gq)
ACREAGE ANNEXED: J9< ,333\CRES
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Municipal Services to the acreage described above shall be furnished by or on behalf of the
City of Wylie, Texas (the "City") at the following levels and in accordance with the following
schedule:
SURVEY, ABSTRACT & COUNTY:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the limits of
existing personnel and equipment and in a manner consistent with any of the methods
of the City, extends police service to any other area of the municipality, will be
provided within sixty (60) days of the effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police personnel
and equipment will be provided to furnish this area the maximum level of police
services consistent with the characteristics of topography, land utilization and
population density within the area as determined by the City Council within four and
one-half (4-1/2) years from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3, Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished throughout the City.
B. FIRE SERVICES
1, Fire protection equipment by the present personnel and the present equipment of the
Fire Department, within the limitations of available water and distances from existing
fire stations, and in a manner consistent with any of the methods of the City, extends
fIre service to any other area of the municipality, will be provided to this area within
1
...
4389 3419
2. As development and construction commence in this area, sufficient fIre and
emergency ambulance equipment will be provided to furnish this area the maximum
level offire services consistent with the characteristics of topography, land utilization
and population density within the area as determined by the City Council within four
and one-half (4-1/2) years from the effective date of the annexation ordinance, or
upon commencement of development within the area, whichever occurs later,
3, Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished throughout the City.
C. ENVIRONMENT AL HEALTH AND CODE ENFORCEMENT SERVICES
1, Enforcement of the City's environmental health ordinances and regulations, including
but not limited to, weed and brush ordinances, junked and abandoned vehicle
ordinances and animal control ordinances, shall be provided within this area sixty (60)
days of the effective date of the annexation ordinance. These ordinances and
regulations will be enforced through the use of existing personnel.
Complaints of ordinance or regulation violations within this area will be answered and
investigated within sixty (60) days of the effective date of the annexation ordinance,
2. Inspection services including the review of building plans, the issuance of permits and
the inspection of all buildings, plumbing, mechanical and electrical work to ensure
compliance with the City codes and ordinances will be provided within sixty (60) days
of the effective date of the annexation ordinance. Existing personnel will be used to
provide these services.
3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area
beginning within sixty (60) days of the effective date of the annexation ordinance.
4. All inspection services furnished by the City, but not mentioned above, will be
provided to this area beginning within sixty (60) days of the effective date of the
annexed ordinance.
5. As development and construction commence in this area, sufficient personnel will be
provided to furnish this area the same level of Environmental Health and Code
Enforcement Services as are furnished throughout the City,
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days
of the effective date of the annexation ordinance. City planning will thereafter encompass this
property, and it shall be entitled to consideration for zoning in accordance with the City's
Comprehensive Zoning Ordinance and Comprehensive Plan.
2
C:Annex.ltr
4389 3420
E. PARK AND RECREATION SERVICES
1, Residents of this property may utilize all existing park and recreational services,
facilities and sites throughout the City, beginning within sixty (60) days of the
effective date of the annexation ordinance,
2. Additional facilities and sites to serve this property and its residents will be acquired,
developed and maintained at locations and times provided by applicable plans for
providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational facilities within
this property shall, upon dedication to and acceptance by the City, be maintained and
operated by the City, but not otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with existing
City policies, beginning within sixty (60) days of the effective date of the annexation
ordinance. Residents of this property utilizing private collection services at the time
of annexation shall continue to do so until it becomes feasible because of increased
density of population to serve the property municipally. Commercial refuse collection
services will be provided to any business located in the annexed area at the same price
as presently provided for any business customer within the City, upon request.
2. As development and construction commence in this property and population density
increases the property level, solid waste collection shall be provided to this property
in accordance with the current policies of the City as to frequency, changes and so
forth.
3. Solid waste collection shall begin within sixty (60) days of the effective date of the
annexation ordinance.
G. STREETS
1.
The City's existing policies with regard to street maintenance, applicable throughout
the entire City, shall apply to this property beginning within sixty (60) days of the
effective date of the annexation ordinance. Unless a street within this property has
been constructed or is improved to the City's standards and specifications, that street
will not be maintained by the City,
2.
As development, improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to participation
in the costs thereof, acceptance upon completion and maintenance after completion,
shall apply.
3
C:Annex.ltr
4389 3421
3. The same level of maintenance shall be provided to streets within this property which
have been accepted by the City as is provided to City streets throughout the City.
4. Street lighting installed on streets improved to City standards shall be maintained in
accordance with current City policies.
H. WATER SERVICES
1. Connection to existing City water mains for water service for domestic, commercial
and industrial use within this property will be provided in accordance with existing
City policies. Upon connection to existing mains, water will be provided at rates
established by City ordinances for such service throughout the City.
2. As development and construction commence in this property, water mains of the City
will be extended in accordance with. provisions of the Subdivision Ordinance and
other applicable ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with the applicable City ordinances and regulations.
Such extensions will be commenced within two (2) years from the effective date of
the annexation ordinance and substantially completed within four and one-half (4-1/2)
years after that date.
3. Water mains installed or improved to City standards which are within the annexed
area and are within approved dedicated easements shall be maintained by the City
beginning within sixty (60) days of the effective date of the annexation ordinance,
4. Private water lines within this property shall be maintained by their owners in
accordance with existing policies applicable throughout the City.
I. SANITARY SEWER SERVICES
4
1.
Connections to existing City sanitary sewer mains for sanitary sewage service in this
area will be provided in accordance with existing City policies. Upon connection,
sanitary sewage service will be provided at rates established by City ordinances for
such service throughout the City.
2.
Sanitary sewage mains and/or lift stations installed or improved to City standards,
located in approved dedicated easements, and which are within the annexed area and
are connected to City mains will be maintained by the City beginning within sixty (60)
days of the effective date of the annexation ordinance.
3.
As development and construction commence in this area, sanitary sewer mains of the
City will be extended in accordance with provisions of the Subdivision Ordinance and
other applicable City ordinance and regulations. Such extensions will be commenced
within two (2) years from the effective date of the annexation ordinance and
substantially completed within four and one-half (4-1/2) years after that date.
C:Annex,ltr
4389 3422
J. MISCELLANEOUS
1, Any facility or building located within the annexed area and utilized by the City in
providing services to the area will be maintained by the City commencing upon the
date of use or within sixty (60) days of the effective date of the annexation ordinance,
whichever occurs later.
2. General municipal administration services of the City shall be available to the annexed
area beginning within sixty (60) days of the effective date of the annexation ordinance.
3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size
or projected manner of development by the owner and/or developer, it is not
reasonably expected and the parties do not require construction of capital
improvements to be substantially completed within four and one-half (4-1/2) years.
NOTE: owner will sign Service Plan if the annexation is voluntary.].
4, Notwithstanding anything set forth above, this Service Plan does not require all
municipal services be provided as set forth above if different characteristics of
topography, land use and population density are considered a sufficient basis for
providing different levels of service.
5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance.
Owner Signature
5
C:Annex.ltr
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THEWYLIE'~NEWS
Coverln& W,Ue, Saehle, MurphYlnd the ...rroundlnl area
110 N, Ballard St.
P,(), Box 369
Wylie. Texas 75098
(972) 442.SSt5
Fu (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority; on this day personally appeared Chad Engbrock. of nmWYLIE
NEWS, a newspaper regularly published in CoUin County, Thxas and having general clrculation In Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
C~y On Wlft{~ - O~dinanQ~ No. 98-42
was pubUshed in said newspaper on the following dates; to-lVit:
, ,
:(;", ,>'{.
V~Q. 23
, 1998, and
, 1998.
~
Chad Engbrock
Subscribed and sworn to before me this the
to certify which witness my hand and seal of office.
~
day of
,1998,
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DEBRA M WQRKMAN
MY COMMISSION EXPIRES
November 10, 2001
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,
Debra M.Workman
Notary Public in and tor
The State of Texas
My Commission Expires Nov. 10, 2001
Serving Wideawake "ylie Since 1947
acre parce' or !?!1C. aeSCnlJed and
convt:yed by deed recorded in Vol-
ume 715, P~ge 708 of the Deed
Records of 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 citi-
zens 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, 85-23A;
providing for repealing, savings
and severability clauses; providing
for an effective date of this or<li-
nance; and providing for the publi-
cation of the caption hereof.
ORDINANCE NO. 98-31
An ordinance annexing a 2.857
acre tract of land, more or less, sit-
uated in the W.D. Penny Survey,
Abstract No. 696, Collin County,
Texas; and being part of a certain
25.679 acre tract as described in
Deed to L.D. Pearce recorded in
Volume 496, Page 268, Deed
Records, 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 citi-
zens 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. 85-23A;
providing for repealing, savings
and severability clauses; providing
for an effective date of this ordi-
nance; and providing for the publi-
cation of the caption hereof.
ORDINANCE NO. 98-32
An ordinance annexing a 1.871
acre tract of land, more or less,
being all that tract of land situated
in Collin County, Texas, being a
part of a 6 acre tract out of the
W,D, Penny Survey, Abstract No,
696, conveyed to Ray Price and
wife, Pauline Price, by Ray Tiller, a
single man. and Mary L. Tiller, a
single woman, by Deed recorded in
Volume 817, Page 596, Deed
Records of 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 citi-
zens 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, 85-23A;
providing for repealing, savings
and severability clauses; providing
for an effective date of this ordi-
nance; and providing for the publi-
cation of the caption hereof.
ORDINANCE NO. 98-33
An ordinance annexing a 5.0 acre
tract of land, more or less, situated
mmces now 10 eIrec! ana nere-
in after adopted; providing for a
penalty for a violation of this Ordi-
nance and Comprehensive Zoning
Ordinance No, 85-23A; providing
for repealing, savings, and sever-
ability clauses; providing for an
effective date of this Ordinance;
and providing for the publication
of the caption hereof.
ORDINANCE NO. 98-36
An ordinance annexing a 0.197
acre tract of land, more or less, sit-
uated in Collin County, Texas,
being a part of a 2.573 tract out of
the E,C, Davidson Survey,
Abstract No, 266, conveyed to
Robert Leamon Reynolds by Jick
Housewright and Earl Parsons by
Deed Recorded in Volume 573,
Page 533 of Deed Records of
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 penally for a violation of this
Ordinance and Comprehensive
Zoning Ordinance No. 85-23A;
providing for repealing, savings
and severability clauses; providing
for an effective date of this ordi-
nance; and providing for the publi-
cation of the caption hereof,
ORDINANCE NO. 98-37
An ordinance annexing a 0.483
acre tract of land, more or less, sit-
uated in Collin County, Texas,
being part of a 2.573 acre tract out
of the E,C. Davidson Survey,
Abstract No. 266, conveyed to
Robert Leamon Reynolds by Jick
Housewright and Earl Parsons by
Deed Recorded in Volume 573,
Page 533 of Deed Records of
Collin County, Texas; providing
that the owners and inhabitants of
the above described tract of land
shall be entitled to the rights and
pri vileges of other citizens of
Wylie and by bound by the Acts
and Ordinances now in effect and
hereinafter adopted; providing for
a penally for a violation of this
Ordinance and Comprehensive
Zoning Ordinance No. 85-23A;
providing for repealing, savings
and severability clauses; providing
for an effective date of this Ordi-
nance; and providing for the publi~
cation of the c~tion hereof,
ORDlNA CE NO. 98-38
An ordinance annexing a 0,681
acre tract of land, more or less, sit-
uated in the E,C. Davidson Survey,
Abstract No, 266, being a tract of
land conveyed to L.W. Self and
wife, Glenda 0, Self by R,H, Wil-
son and wife, Grace L. Wilson by
Deed recorded in Volume 793,
Page 514 of the Collin County
U ;:"\".11U1;;IU!J. ...... I..J.l 141
be entitled to the rights and pri vi-
leges of other citizens of Wylie
and be bound by the acts and ordi-
nance now in effect and here-
inafter adopted; providing for a
penalty for a violation of this ordi-
nance and comprehensive zoning
ordinance No. 85-23A; providing
for repealing, savings and sever-
ability clauses; providing for an
effective date of this ordinance;
and providing for the publication
of the caption hereof.
ORDINANCE NO. 98-41
An ordinance annexing a 3.459
acre tract of land, more or less, sit-
uated in Collin County, Texas,
being a part of an original 12 acre
first tract out of the James Truett
Survey, Abstract No. 920 con-
veyed to Orville Kreymer, et ai, by
Media Kreymer, a window, by
Deed recorded in Volume 645
Page 627, of the Deed Records of
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 ordinance now in effect and
hereinafter adopted; providing for
a penally for a violation of this
ordinance and comprehensive zon-
ing ordinance No, 85-23A; provid-
ing for repealing, savings and sev-
erability clauses; providing for an
effective date of this ordinance;
and providing for the publication
of the caption hereof.
ORDINANCE NO. 98-42
An ordinance annexing a 28.333
acre tract of land, more or less, sit-
uated in Collin County, Texas,
being part of a called 58 acre tract
out of the Henry L. Douglas Sur-
vey, Abstract No. 292, and the
William Sutton .Survey, Abstract
No, 860, conveyed to W,O, Hous-
ton and John D. Houston by G.H.
Drewery and recorded in Volume
339, Page 436 of the Deed
Records of 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 citi-
zens of Wylie and be bound the
the Acts and Ordinances now in
effect and hereinafter adopted;
providing for a penalty for a viola-
tion of this ordinance and Compre-
hensive Zoning Ordinance No. 85-
23A; providing for repealing, sav-
ings, and severability clauses; pro-
viding for an effective date of this
ordinance; and providing for the
publication of the caption hereof,
ORDINANCE NO. 98-43
An ordinance annexing a 4,859
acre tract of land, more or less, sit-
uated in the W. D, Penny Survey,
Abstract No. 696, and being a part
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