Ordinance 1999-15
04935 02864
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CITY OF WYLIE, TEXAS
ORDINANCE NO. .ftj- I S-
AN ORDINANCE ANNEXING A 136.339 ACRE TRACT OF LAND, MORE
OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY,
ABSTRACT NO. 716, BEING A PORTION OF A 157.53 ACRE TRACT OF
LAND ACCORDING TO THE DEED RECORDED IN VOLUME 254, PAGE
563 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT);
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
CLA USES; PROVIDING FOR AN EFFECTIVE DA TE 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
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0~935 02865
Ordinance No.
Page 2
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 in "Exhibit A" and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed to Wylie:
O~935 02866
Ordinance No.
Page 3
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
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.
O~935 02867
Ordinance No.
Page 4
.+",='"
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.
+.,,""',
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this ~ day of _
1999.
, Mayor
ATTESTED TO AND
CORRECTL Y RECORDED BY:
DATE OF PUBLICATION:
, Wylie News
CtTV OF WYlIE
2000 HWY. 78M
WYLlE.n. 75098
AnN: CtlV SECRETARY
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EXHIBIT 4' A H
136.339 Acres -William Patterson Survey - Abstract No. 716
FIELD NOTE DESCRIPTION
02/12/99
BEING a 136.339 acre tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County. Texas
and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254. Page 563 of U1e Deed
Records,'of Collin County, Texas (DRCCT) and being more particularly described as follows:
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BEGINNING at a one inch iron pipe found for the southeast corner of a 29.07 acre tract of land according to the deed
recorded. in Volume 687, Page 261 (DRCCT) and being located in (he westerly right-oC-way line of F.M. 1378 (a 90 feet
wide right-oC.way);
THENCE along the westerly right-of-way line of said r.M. 1378 as follows:
SOUTH 00008'341111 EAST a distance of 513.79 feet to a 5/8 inch iron rod set for [he beginning of a curve to the
right having a radius of 1,864.86 feet, a chord bearing of South 03 % %d40'27" West and a chord length of 248.22
feet;
Along said curve to the right through a central angle of 07037'55" for an arc length of 248.40 feet [0 a 5/& inch
iron rod set for the point of tangency;
",,-..._";,,-..:...-;; ;;"
SOUTH 07'7.9'25" WEST a disiiit~~{bf 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to Ihe
left having a radius of 1 ,954. 86'Ieet,::a chord bearing of SOUlh 04% %d17' 56" West and a chord length of 217.70
feet. ': ,"'w:2!z..
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Along said curve to the left through a central angle of 06~3'02" for an arc length of 217.81 feet to a 5/8 inch iron
rod set for the point of tangency; .
SOUTH OJO06'25" WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast comer of a
100.00 acre tract of land according [0 the deed recorded in Volume 883. Page 628 (DRCCT);
THENCE departing the westerly right-of-way line of said EM. 1378 NORTH 8~40'14" WEST a distance of 2,617.12
feet [0 a one inch iron pipe fouod forme northwest corner of said 190.00 acre tract of land;
THENCE NORTH 63030'26" WEST a distance oC 28.19 feet to a 1/2 inch iron rod found for (he southeast corner of a
207.452 acre tract of land according to the deed recorded in Volume 860, Page 381 (DRCCT)~
THENCE 'along the easterly line of said 207.452 acre tra.ct of land as follows:
NORTH 02044'29" EAST a distance of 993.36 feet to a 5/8 inch iron rod set Cor corner;
NO:RTH 01046'26" "WEST a distance of 804.78 feet to a S/8 inch iron rod set for corner~
NORTH 03042'09" EAST a distance of 423.02 feet to a wood fence post found for the southwest corner of a 9.0
acre tract of land according to the deed recorded in Volume 390, Page 100 (DRCCT);
NORTH 89002'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast corner of said
9.0 acre tract of land and the southwest corner of said 29.07 acre tract of land;
THENCE along the southerly line of said 29.07 acre tract of land as follows:
SOUTH 89012'27" EAST a distance of 1,297.76 feet to a 5/8 inch iron rod set for corner;
~ORTH 89040'00" EAST a distance of 923.00 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 136.339 acres or 5,938,946 square feet of land, more or less.
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"EXIllBIT B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
.
.
ANNEXATION ORDINANCE NO.
,
,
DATE OF ANNEXATION ORDINANCE:_June 2, 1999_
ACREAGE ANNEXED: 136.339 ACRES
SURVEY, ABSTRACT & COUNTY:
_William Patterson Survey_
Abstract Number 716
_Collin County, Texas
Municipal Services to the acreage described above shall be furnished by or on behalf ofthe
City of Wylie, Texas (the '~Qij:t~f~~~~he' following levels and in accordance with the following
schedule: "'t:r'~.'f:f~:J;";
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 (4-112) 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
sixty (60) days of the effective date of the annexation ordinance.
1
"EXHIBIT B"
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 (4-112) years from the effective date of the annexation ordinance, or
upon commencement of development within the area, whichever occurs later.
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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 effe<::t!~~~ da~e of the annexation ordinance. These ordinances. and
regulations wjll.M~e-nfQiced through the use of existing personnel.
t~~~':!~~~?0 .
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 ofthe 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 ofthe City will extend to this area within sixty (60) days
ofthe 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
"EXHIBIT B"
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.
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2. Additional facilities and sites to serve this property and its residents will be acquired,
developed and maintaine~ 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::i,~ :
1. Solid waste collectioti;:shall ce provided to the property in accordance with existing
City policies, beginning within sixty (60) days ofthe 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 comme,nce 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
"EXHIBIT B"
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.
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H. . . WATER SERVICES
1. Connection to existing Cit:y 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,2r~~nc~s and regulations. City participation in the costs of these
extensions shall~Jil; ~c~rdance with the applicable City ordinances and regulations.
Such extensiolis'\.vil(~: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 iniproved 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
"EXHIBIT B"
J. MISCELLANEOUS
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1. Any facility or building located within the annexed area and utiliz,ed by the City in
," providing services to the area will be maintained by the City commencing upon the
date ofuse 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 ofthe 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.].
. .:!':....c:~,..j',. .~. ..
4. Notwithstan~g]h~g 'set forth above, this Service Plan does not require all
municipal seJi~es~~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.
g;~kud 111. //~~A)
Owner Signature
5
C:Annex.ltr
r!'HE WYLIE NEWS
___. __ n___.' ______'__ _ __,_ _,_'_'_'" ---_ .-_...___ --.,.------
(:IlVPlillg~V ylif', ~:~lt:f'-'I\IIIII~Y':II_(I. ~I~f' SIl~1011 ~Iillg .al~~
II () N, Ballard Sf.
P,O, Box 369
Wylie. Texas 7509X
(lJ72) 442.5515
Fax (972) 442-431X
STATE ()F TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regulady published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
City 06 Wylie - O~dinanee NO. 99-15
was published in said newspape.' on the following dates, to-wit:
Juty Z 1
, 1999, and
, 1999.
{JJfe
Chad Engbrock
Suhscribed and sworn to before me this the '. .__~?f
to eel,tify which witness my hand and seal of office.
day of
( lD~ {{/'li
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, J 999,
",\\,~I~t1U,
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;;'~~?'m:~~'~
-i
AMY t' LEWIS \
M~~~~~~~S \l,.
I l
Notary ublic in and for
The State of Texas
~. f-..
My Conlntission Expires {/- C {/; -b
Serving
UK.Vll'lANCE NO 99-15
AN ORDfNANCE ANNEXING A
136,339 ACRE TRACT OF LAND,
MORE OR LESS, SITUATED IN
THE WILLIAM PATTERSON
SURVEY, ABSTRACT NO 716,
BEING A PORTION OF A 157,53
ACRE TRACT OF LAND
ACCORDING TO THE DEED
RECORDED IN VOLUME 254,
PAGE 563 OF THE DEED
RECORDS OF COLLIN COUN-
TY. TEXAS I DRCCT): PROVID-
fNG THAT THE OWNERS AND
INHABITANTS OF THE ABOVE
DESCRIBED TR,\CT OF LAND
SHALL BE ENTITLED TO THE
RIGHTS AND PRIVILEGES Of
OTHER CITIZENS OF WYLIE
AND BE BOUND BY THE ACTS
AND ORDINANCES NOW [.'I
EFFECT AND HERE[N AFTER
ADOPTED: PROVID[NG FOR A
PENALTY FOR A VIOLATION
OF THIS ORDINANCE AND
COMPREHENSIVE ZON[NG
ORDINANCE NO, 85-23A: PRO-
VIDING FOR REPEALING. SA V-
lNG, AND SEVERABILITY
CLAUSES: PROVIDING FOR AN
EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF
THE c/\PTION HEREOF.
SECTION 6: Any person, firm or
corporation who violates any provi-
sion of this Ordinance and Compre-
hensive Zoning Ordinanee No 85-
23A, and any amendments thereto,
shall be deemed guilty of a misde-
meanor and upon conviction shall
be fined a sum not exceeding Two
Thousand and DOll DO Dollars
($2000,OOl, and each and every day
such violation continues shall be
considered a separate offense. pro-
vided, however, sueh penal provi-
sion shall not preclude a suit to
enjoin such violation,
PASSED AND APPROVED by
the City Council of the City of
Wylie, Texas on this 13th day of
July, 1999
Barbara A. Salinas
City Secretary
8-1 t-339
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