Ordinance 1999-21
CITY OF WYLIE, TEXAS
O~935 0290~ 2001- 00676~4
ORDINANCE NO. gg - J-L
AN ORDINANCE ANNEXING 5.00 ACRES OF LAND, MORE OR LESS,
SITUATED IN THE RICHARD D. NEWMAN SURVEY, ABSTRACT NO.
660, 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 WYLIE'S
COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY
AMENDMENTS THERETO; 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, investigated and determined that it would
be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex
the below-described property ("Property") to Wylie; and
WHEREAS, the City Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government
Code; 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 municipal services to the Property to be annexed; and
ORDINANCE ANNEXING 5.00 ACRES OF LAND - Page 1
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04935 02905
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 the 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: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
ORDINANCE ANNEXING 5.00 ACRES OF LAND - Page 2
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04935 02906
SECTION 2: Property Annexed. 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:
BEING a tract ofland out of the Richard D. Newman Survey, Abstract No. 660,
Collin County, Texas containing 5.00 acres ofland, more or less; said tract is
more particularly described in Exhibit "A" attached hereto and incorporated
herein for all purposes.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as
Exhibit "B" and made a part hereof for all purposes.
SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries
of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this
Ordinance shall be filed in the County Clerk's Office of said County.
SECTION 6: Unlawful Use. 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. 83-123A, 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. 83-123A, and any amendments thereto.
ORDINANCE ANNEXING 5.00 ACRES OF LAND - Page 3
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04935 02907
SECTION 7: Severability. Should any part or portion of this Ordinance, or the use
created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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: Conflicting Ordinances Repealed. 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: Effective Date. This Ordinance is effective upon the date of its passage,
August 31, 1999.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 4. day of
k,~
1999.
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CORRECTLY RECORDED BY:
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JO MONDY, M YOR
ERNATHY, ROEDER, BOYD
& JOPLIN, P.C.
City Attorneys
ORDINANCE ANNEXING 5.00 ACRES OF LAND - Page 4
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04935 02908
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B~G situated in Collin County, Texas, a part of the Richard D Newman Survey, Abstract No. 660
and being part of 17.062 acres out of the East portion ofa 19,70 acre tract as described in a deed
from J.R. Beck., et UX, to R.S, Williams, dated December 20, 1910, recorded in Volume 166, Page
430 of the Collin County Deed Records and the said portion of the 17.062 acres being more
particularly described by metes and bounds as follows:
COMNlENCING at the Southwest corner of a 19,70 acre tract, said corner being the Southwest
comer of said 17,062 acre tract;
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THENCE, South 87 degrees 36 minutes East, 702.40 feet to the PLACE OF BEGINNING;
THENCE, North 19 degrees 37 minutes West across said 19,70 acre tract and across said 17.062
acre tract, 1,041.54 feet to a stake for a corner set in the Southwest right-of-way line of State
Highway No, 78;
THENCE, North j2 degrees 16 minutes East, with the Southwest right-of-way line ofS tate Highway
No, 78, and with the Northwest line of said 17,062 acre tract, 270 feet to a stake for corner being the
North corner of said 17,062 acre tract;
THENCE, Southerly with fence line and with the East line of said 19.70 acre tract and said 17.062
acre tract as follows:
South 20 degrees 51 minutes East, 515,50 feet;
South 47 degrees 06 minutes East, 38,70 feet;
South 21 degrees 04 minutes West, 115,60 feet;
South 00 degrees 42 minutes East, 402,00 feet;
South 03 degrees 57 minutes East, 130.40 feet to the Southeast corner of said 19,70 acre
tract and the Southeast comer of said 17,062 acre tract;
THE~CE, ~orth 87 degrees 36 minutes West W1th fence line and with the South line of said 19,70
acre tract and said 17.062 acre tract, 47,60 feet to the PLACE OF BE GrNNINGand CONTAINING
5,00 acres of land, more or less,
CITY OF WYLIE
2000 HWY, 78N
WYLIE, TX, 75098
ATTN: CITY SECRETARY
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04935 02910
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ANY PROVIS!ON HEREIN WHiCH RESTRiCTS T"f SALE. R[N"~L. DE'iSE OF THE
DESCRIBED RF,A.L PRQPEP\Y 8[C,:\U~;: OF C.JLOf~ 0':1 rJ.~E \S :ll'i!;,UD ,AJ1D
UNENfORCEI\BLE UNCer, iLD[flAL Uc::
(THESTATEOFTEXAS) (COUNTY:" CO!,UN)
, hereby certit~ that HilS in:;tr!:ment was FILED m PiC File Number SC~t:<,ce o~ the date
and the time stamped t,ereon 'oy me; and was duly RECORDW. in II,e OlfiClal Public
Records 01 Real Property 01 Coli!" Cnu,tv. T"2S~r.
JUN 0 g 2001
~~
~ileQ fo~ Reco~d in:
Co~l~n ~ountt, M~Kinney TX
I~OllOf'able Helen ::>ta'f'nes
Collln County Cle~k
Un Sun ~18 2001
~It 12: 11 pm
Doc/Mum : 2001- 0067664
~ecording/Type:OR 21.00
.\eCelpt tt: 18313
"EXHIBIT B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: 2 ~
DATE OF ANNEXATION ORDINANCE: I 3 ~ ~~~I
ACREAGE ANNEXED: 5.0 ACRES
SURVEY, ABSTRACT & COUNTY: Richard E. Newman Survey, Abstract No. 660,
Tract Nos. 13 and 14, Collin County, Teaas.
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 topogaphy, land utilization and
population density within the area as deternvned 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
l. Fire protection 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 of fire 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 ofthe 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 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 leve} of Environmental Health and Code
Enforcement Services as axe 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
ofthe effective date ofthe annexation ordinance. City planning will thereafter encompass this
2
"EXHIBIT B"
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
l. 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. Additionai 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 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, beginzung within sixty (60) days of the effective date of the annexation
ordinance. Residents ofthis property utiliz,ing 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 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 waste colleetion 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.
3
"EXHIBIT B"
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. The same level of maintenance sha11 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 Regulations and
other applicable ordinances and regulations. City participation in the costs of these
extensions sha11 be in accordance with the applicable City ord'snances 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 (4'/z)
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. SAI~TITARY 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,
Iocated in dedicated easements, and which are within the annexed atea and are
4
"EXHIBTT B"
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 af 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 (41/z) years after that date.
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 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. 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.
4. The Service Plan is valid for ten (10) years from the effective date of tlus Ordinance.
5
PROPERTY OWNER:
Parcels 3 and 4
Michael Morris
2065 E. Stone
Wylie, Texas 75098-6810
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