Ordinance 1998-45
CITY OF WYLIE, TEXAS
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ORDINANCE NO. .1B-k
AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR
LESS, SITUATED IN THE WILLIAM SACHSE SURVEY, ABSTRACT NO. 835,
OF 640 ACRES, ABOUT 14 MILES SOUTHEAST FROM MCKINNEY, COLLIN
COUNTY, TEXAS, AND BEING OUT OF THAT 40 ACRES OF LAND WHICH
IS DESCRIBED AS FIRST TRACT IN A WARRANTY DEED FROM JICK
HOUSEWRIGHT ET AL TO D.R. MOORE AND KATHLEEN G. MOORE,
DATED APRIL 15, 1954, RECORDED IN VOLUME 484, PAGE 379, DEED
RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS
AND INHABIT ANTS 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 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 ofWylie~
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
WHEREAS, the City Council finds that the field notes close the boundaries of the Property
being annexed; and
4389 3450
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.
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
4389 3451
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 3452
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on
this-S-dayof !lt~ 1998.
-Ko~'M:YOr
ATTESTED TO AND
CORRECTLY RECORDED BY:
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DATE OF PUBLICATION:
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, Wylie News
4389 3453
Exhibit A
All that certain lot, tract or parcel of land lying and being situated in the County of Collin, State of
Texas, and being out of the William Sachse Survey of 640 acres, about 14 miles Southeast from
McKinney, Collin County, Texas, and being out of that 40 acres ofland which is described as
First Tract in a Warranty Deed from lick Housewright et al to D.R Moore and Kathleen G.
Moore, dated April 15, 1954, recorded in Volume 484, Page 379, Deed Records of Collin
County, Texas, and being more particularly described as follows:
Commencing at the Northeast corner of said William Sachse Survey;
THENCE South with the East line of the said Sachse Survey 1,650 feet, more or less, to the
Southeast corner of said 40 acre tract;
THENCE West 16 feet to an iron stake set in the West right-of-way line ofa Public Road, a large
bois 'd arc tree being southeast 11 feet from said point, for the place of BEGINNING;
THENCE South 88 deg. 47 min. West with old fence line and hedge row and South property line
of said 40 acre tract, 302.14 feet to fence post for corner;
THENCE North with fence, 153.35 feet to fence post for corner;
THENCE North 67 deg. 14 min. East, 56.64 feet to iron post for corner;
THENCE South 76 deg. 02 min. East with fence, 257.5 feet to iron stake for corner, said point
being South 76 deg. 02 min. East, 28.7 feet from 4 inch iron pipe set in concrete;
THENCE South with public road RO.W., 106.7 feet to Place of Beginning and containing one
(1) acre of land.
4389 3454
"EXHIBIT B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
SURVEY, ABSTRACT & COUNTY:
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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:
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 3455
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. ENVIRONMENTAL 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 3456
E. PARK AND RECREATION SERVICES
I. 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
I. 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 scrvc thc propcrty municipally. Commcrcial rcfusc collcction
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 3457
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
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.
4
C:Annex.ltr
4389 3458
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 ofthe 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
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THE WYLIE NEWS
Coverinl Wylie, Saebse, Murpbyand tbe IUrroundlng area
110 N. Ballard Sl.
P.O. Box 369
Wylie, Texas 75098
(972) 442.5515
Fu (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock. of THE wYLm
NEWS, a newspaper regularly published In CoUin County, Thxas and having general drculatlon In Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
C~y On Wylie - O~dinance No. 98-45
was pubUshed in said newspaper on the following dates, to-wit:
Dec. 23
, 1998, and
'. 1998.
{J!fi:
Subscribed and sworn to before me this the
to certify which witness my hand and seal oC office.
day of
,1998.
,:![.:~r~F) ~;~~~~~~~:~
I ~~:..~J"\..;:'..
! ,"~:~W;~';:'~o~~OV8mber 10, 2001
~~ )??~
De a M. Workman
Notary Public in and for
The State of Texas
My Commission Expires Nov. 10, 2001
Serving Wideawake ~lie Since 1947
Public Notices
of a 25.679 acre tract conveyed by
C.I. Norton and Lyda P. Norton to
L.D. Pearce, L.G. Pearce and F.w.
Pearce, as recorded in Volume 496,
Page 268, 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 the the Acts and
Ordinances 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. 9844
An ordinance annexing a 1.089 acre
tract of land, more or less, situated
in the I. & G. N. Railroad Company
Survey, Abstract No. 1059, Collin
County, Texas, and also being part
of a 4.00 acre tract as conveyed to
Glen E. Pockrus and Wife, Joyce
Pockrus, recorded in Volume 1293,
Page 84, Deed Records, Collin
County, Texas; providing that the
owners and inhabitants of the above
described tract of land shall be enti-
tled to the rights and privileges of
other citizens of Wylie and be
bound by the acts and ordinance
now in effect and hereinafter adopt-
ed; providing for a penalty for a
violation of this ordinance and
comprehensive zoning ordinance
No. 85-23A; providing for repeal-
ing, savings and severability claus-
es; providing for an effective date
of this ordinance; and providing for
the publication of the caption here-
of.
ORDINANCE NO. 9845
An ordinance annexing a 1.0 acre
tract, more or less, situated in the
William Sachse Survey, Abstract
No. 835, of 640 acres, about 14
miles southeast from McKinney,
Collin County, Texas, and being
out of that 40 acres of land which is
described as first tract in a Warran-
ty Deed fr<Jffi Jick Housewright et
al to D.R. Moore and Kathleen G.
Public Notices
Moore, dated April 15, 1954,
recorded in Volume 484, Page
379, 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 privi-
leges of other citizens of Wylie
and be bound by the acts and orcli-
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. 9846
An ordinance annexing a 1.0 acre
tract of land, more or less, being
out of the Elliot C. Davidson Sur-
vey, Abstract No. 266, being a
tract of land out of a 72.5 acre
tract, save and except previous
conveyances, conveyed to J.R.
Eaves by Deed dated the 9th day
of March, 1958, by J.W. Barnett et
ux, of Record in Volume 411,
Page 494, 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 privi-
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. 98-47
An ordinance annexing a 11 0 acre
tract of land, more or !ellS, situated
in the J.W. Mitchell Survey,
Abstract No. 589, being the same
property conveyed to Patsy Sue
Donihoo by 1.0. McWhirter and
wife, Peral A. McWhirter by Deed
as recorded in Volume 942 at Page
488 Deed Records, Collin County,
Texas, providing that the owners
::il!!!!!:!~:;iii..:I~~II'.lill'illllillll~ill[I::lllil1~lliiijl'llllf@?:::::W::l!:~~III]II:il':llli:li
Public Notices
and inhabitants of the above
described tract of land shall be enti-
tled to the rights and privileges of
other citizens of Wylie and be
bound by the acts and ordinance
now in effect and hereinafter adopt-
ed; providing for a penalty for a
violation of this ordinance and
comprehensive zoning ordinance
No. 85-23A; providing for repeal-
ing, savings and severabilily claus-
es; providing for an effeettve date
of this ordinance; and proYiding for
the publication of the caption here-
of.
ORDINANCE NO. -"'8
An ordinance annexing a .988 acre
tract of land, more or less. situated
in the Francisco De La Pina Survey,
Abstract No. 688, being the same
property conveyed to Doyle R.
Mitchell and wife Nancy Daye
Mitchell, by deed as recorded in
Volume 2689 at Page 793 and the
same tract of land conveyed to
Home Town Furniture, Inc. by
Deed recorded in Volume 2610,
Page 702, Land Records, Collin
County, Texas; providing that the
owners and inhabitants of the above
described tract of land shall be enti-
tled to the rights and privileges of
other citizens of Wylie and be
bound by the acts and ordinance
now in effect and hereinafter adopt-
ed; providing for a penalty for a
violation of this ordinance and
comprehensive zoning ordinance
No. 85-23A; providing for repeal-
ing, savings and severability claus-
es; providing for an effective date
of this ordinance; and providing for
the publication of the caption here-
of.
ORDINANCE NO. 98-49
An ordinance of the City of Wylie,
Texas amending the Comprehen-
sive Zoning Ordinance of the City
of Wylie, as heretofore amended, so
as to change the zoning on the here-
inafter described property to B-2,
Business District classification;
providing for the repeal of all ordi-
nances in conflict; providing a sev-
erability clause; and providing for
an effective date.
NOTICE OF SCHOOL TRUSTEE ELECTION
NOTICIA DE ELECCION DE MIEMBRO
DE LA MESA DIRECTION ESCOLAR