Ordinance 1998-48
4389 3484
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CITY OF \VYLIE, TEXAS
ORDINANCE NO. . ~.t3 -~
AN ORDINANCE ANNEXING A .998 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.
WTCHELL AND WIFE NANCY DAYE WTCHELL, 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 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
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
438-9 3485
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 fi.nds 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:
.998 Acres out of the .Francisco De La Pina Survey, Abstract No. 688, Collin
County, Texas and being the same property conveyed to Doyle R. Mitchell and
wife Nancy Kaye 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.
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.
4 3"8 9 3 4 8 6
. :'
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 use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any
amendments thereto.
SECTION 6: Any person, firm or corporation who violates a..'1Y 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 clay such violation continues shall
be considered a separate offense; provided, however, such pennl provision shall not preclude a
suit to er'Uoin 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 jurisdi,ction, 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 coru4.ict,' 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 in1mediately upon its passage or as required
by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this .day of 1998.
4389 3487
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on
this /5" day of fJ,4"PM&r~ 1998.
ATTESTED TO AND
CORRECTLY RECORDED BY:
~~
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City Secretary
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DATE OF PUBLICATION:
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, Wylie News
EXHIBIT B
4389 3488
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: 10"'4/b
DATE OF ANNEXATION ORDINANCE: /}/JA1/lW# 16) 11gB
ACREAGE ANNEXED:
.1~'b
ACRES
SURVEY, ABSTRACT & COUNTY:
Municipal Services to the acreage described above shall be furnished by or on behalf of the City of
Wylie, Texas, 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 of Wylie, Texas, 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 two (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 and emergency ambulance 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 of Wylie, Texas, extends fire service to any other area of the
municipality, will be provided to this area within sixty (60) days of the effective date
of the annexation ordinance.
2. As development and construction commence in this area, sufficient fire and
emergency ambulance equipment will be provided to furnish this area the maximum
4389 3489
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 two (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
I. 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 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 of Wylie, 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,
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.
4389 3490
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, policies
and programs and decisions of the City of Wylie. This property will be included in all
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 of Wylie, 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 of Wylie, upon
request.
2. As development and construction commence in this property and population density
increases to 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 wast collection shall begin within sixty (60) days of the effective date of the
annexation ordinance.
G. STREETS
1. The City of Wylie'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 of Wylie.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City of Wylie with regard to
participation in the costs thereof, acceptance upon completion and maintenance after
completion, shall apply.
3. The same level of maintenance shall be provided to streets within this property which
have been accepted by the City of Wylie as is provided to City streets throughout the
City.
4. Street lighting installed on streets improved to City standards shall be maintained by
either TV Electric or Collin County Co-Op in accordance with current City policies.
4389 3491
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 Regulations 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 with four and one-half (4Y2)
years after that date.
3. Water mains installed or improved to City standards which are within the annexed
area and are within dedicated easements shall be maintained by the City of Wylie
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 dedicated easements, and which are within the annexed area and are
connected to City mains will be maintained by the City of Wylie 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 Regulations
and other 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 (4Y2) years after that date.
J. MISCELLANEOUS
1. Any facility or building located within the annexed area and utilized by the City of
Wylie 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.
4389 3492
2. General municipal administration and administrative 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. 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.
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.
s. The Service Plan is valid for ten (10) years from the effective date of this Ordinance.
Owner Signature
THE WYLIE NEWS
Coverin& ."Ue, Sacbee, Murphy .nd tbe .rroundlng area
110 N. Ballard St.
P.O. Box 369
Wylie, Texas 75098
(972) 442.551S
Fu (972) 442-4318
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 CoUinCounty, 1exas and having general clrculation In Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
City On Wylie - O~dinan~e No. 98-48
was published in said newspaper on the following dates, to-wiu
Ve~. 23
, 1998, and
. 1998.
(;ff6:
Subscribed and sworn to before me this the ~
to certify which witness my hand and seal of office.
day of ~ ,1998,
13~~v..fJtJp, 0 . ~. ~
;{~.;~ EBRA M WORKMANl
_~>~'.'~/ I'IIY COMMISSION EXPIRES
_~,t?ri~,' November 10, 2001 :
'''''~~-=.- :-;..J
A(l-e~ ~ YYl ~
Debra M.Workman
Notary Public in and -for
The State of Texas
My Commission Expires Nov. 10, 2001
Serving Wideawake Wylie 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. 98-44
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. 98-45
An ordinance annexing a 1.0 acre
tract, more or less, situ ated 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<lill 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 orcii-
nance now in effect and here-
inafter adopted; providing for a
penalty for a violation of this orcli-
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. 98-46
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 110 acre
tract of land, more or less, situated
in the J.W. Mitchell Survey,
Abstract No. 589, being the same
property conveyed to Patsy Sue
Donihoo by J.D. 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
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 onlinance
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. ~8
An ordinance annexing a .988 acre
tract of land, more or less, situated
in the Francisco De La Pin a 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