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Ordinance 1999-22 04935 02891 CITY OF WYLIE, TEXAS ORDINANCE No2~J ~ :;J06 16b3 AN ORDINANCE ANNEXING 2. 91 1 ACRES OF LAND, MORE OR LESS, SITUATED IN THE I. & G. N. RAILROAD COMPANY SURVEY, ABSTRACT NO. 1059, 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 ORDINANCE ANNEXING 1.089 ACRES OF LAND - Page 1 rb/l: \mbox4\wylie\annex\involanl089 .ordl080688 04935 02898 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 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. ORDINANCE ANNEXING 1.089 ACRES OF LAND - Page 2 rb/l:\mbox4\ wylie\annex\involanl089 .ordl080688 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. 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 ofthe I. & G. N. Railroad Company Survey, Abstract No. 1059, Collin County, Texas containing!. 91 1 acres of land, 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/PrivilegeslBound 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 ofthe 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 ofthis 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 Ordinap.ce 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. <=) .r:- \.D W CJ1 <=> N ()) \D \D 04935 02900 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 ~ 1999. J~~~~R APPROVED AS TO FORM: ~~~OYD & JOPLIN, P.c. City Attorneys ORDINANCE ANNEXING 5.00 ACRES OF LAND - Page 4 rb/l: \mbox4\wylie\annex\involanSOO.ord/080699 o 4 9 3 5 0 2 9 0 I- SITe A TED in Collin County, T ex-as in the I. & G.N. Railroad Company Survey, Abstract No. 1059, and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie N ortheast Water Supply Corporation recorded in V olurne 1187, Page 61, of the Collin County Deed Records, and being more panicularly described as follows: BEGINNli'fG at the Southwest corner of said 5 acre tract~ THENCE, South 87 degrees 23 minutes 21 seconds East, 203.59 feet to the Southeast comer of said 5 acre tract~ THEN CE, North 1 degree 40 minutes 09 seconds E41st with the East line of said tract, 807. 12 feet to a stake; THENCE, South 0 degrees 17 minutes 19 seconds East with the West line of said tract, 797.67 feet to the PLACE OF BEGINNING and C01't"TA1NING 4 acres efland, more or less. SAVE A~TI EXCEPT that certain tract described as follows: BEING a tract ofland 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 POCkn.1S, recorded in Volume 1293, Page 84, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at the Nonhwest comer of said 4.00 acre tract, a concrete monument for comer~ THENCE, South 89 degrees 54 minutes 19 seconds East, along the North line of the said 4.00 acre tract a distance of 191.58 feet to a \-'2 inch iron stake set for corner: THENCE, South 01 degree 43 minutes 01 seconds West, a distance of253.58 feet to a 1;2 inch iron stake set for corner; THENCE, North 89 degrees 54 minutes 19 seconds West, a distance ofl82.70 teet to a Y2 inch iron stake set tor corner; THENCE, North 00 degrees 17 minutes 19 seconds West, along the West line of said 4.00 acre tract a distance of25349 feet to the PLACE OF BEGINNING and CONTAI:\ING 1.089 acres ofland. CITY OF WYLIE 2000 H\W 78N WYLIE. DC 75098 ATTN: CITY SECRETARY 04935 02902 ! I t,J i l ! I ! l. i i ! i I ! !! i ! ! ,r,-u-u-!I ~ j-._u_i ! I I "'t. . . ! i! i'l/ I! , ,-_ ; i: ' i - , I ' 8131199 i ~__ ' " I i I l-------J I ! i i, ii' ! i ' ; i i J i 'I' i c--------i ii, i i " ! i i ; , ' i i i ! , i' -.J i i i l i ' , i I I I I I i ~I i I I I I I ii \ [l i ii' ; !i i i i _____1---1---' _ l ; i ! L______ .>- - L_ _-'-_c_--------------------- t:-' I ! I' I. _u__~~_u_u___u_u_._._._u_u t:: u_" . ,..~__.._._._1.-/u......-.-.-.-u-..-..-u-u-.-.-..-.-.-..-u-.---.. -" ~ffi! ! ! i I I L I ! l1ifij t: ilit )- \ i Y'T\ 1--1-- r- '_______'" \ ; ~ ..J l-'- - e- e- e- ;:: ~ ~ cr; _ i~ - ~rr ,., \ \-- I-- """-.._uj - ! :=: IvIL ~ .-_u-..-._..___.._.._._._.._u_._u___.._.._.._u Q) ~._._u_. !,_ I-- ~ ! L- f-- .__u_u I ~ ~ ----------- ~- ! I-- ~ ~..... ! I-- 1--1-- "I" .....~ ! t= =~ ~V ~ ~ /i il-- -.-- - ". ! \1-- V '/ I i >- - _ L.--- f--:::: /; ,---j >- <-- <-- ./' : i \...l I-- I 1 I f ~= / 'J i I VI II I ~- / -~ ~ i ~ rrrrrn ! ! /T I 1 o::ffi:IJ ~ / J '41? ~ 111 m ~ w1s ~' ~rown I ~eet ~ 1F i ! i uJ ~~J I- ,..:~",,~ ~ t= 1 :J: !i!- ! n ~ ~ 1-- r- 11""1'- - j~0~'\;~~:= - =~~~ fjfjf l~~~ rT ri/ I hr= ~Irson ~~E= ! ~J'I ':~~~~ ,~\il~~7j~,II~i! j..-u___.._._.._.._. i i ! ! ! ! L._u_u_.._u_j ! ! i i ,"-"---'-'-"-"--- i ! i .-..""'! ___.-1_.. I-------! !- ._._.._..i I J:-:I- - r i j- ! 04935 02903 ANY PROVISION HEREIN WHICH RESTRICTS TH~ SALE, RENTi,l, OR USE OF THE DESCRIBED REAL PROPERTi BECt,USE OF COLOR Of: RIM IS 'IN',lln Aim UNENFORCEABLE UNOER F[DHiALLNN (THESTATEOFTEXASl (COI.:NTi ~]FCOL',IN) I hereby certify that this instrument was FILED in t\~ File Number SSCi;eiics o~ the rklle and the time stamped hereon hy me; and was duly RECOROED, inlne Ollic,,: P'Jblic Recordso! Real Property 01 Collin Counly, Texas on JUN 0 8 2001 ~~ ~~lea fQr ~e~Ord iD: _.,~~l.~l: L;(.1L\!lty, I'1cKlnney TX '_:,-:~'9'. dDl,e .Ielen ::;tan1eS LOlll" County Clerk Un Jun 08 20111 At 12:11pm OOC/~um : 2001- 0067663 ~eCording/lype:OR 21 -. .,ecelpt if: 18"1- .l10 ,:L j "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: PI ~I ~ Z Z- DATE OF ANNEXATION ORDINANCE: ~ ~?JI ~ ~ ~ ACREAGE ANNEXED: 2.911 ACRES SURVEY, ABSTRACT & COUNTY: I. & G.N. Railroad Company Survey, Abstract No. 1059, Tract No. 7, Cotlin 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, suf~icient 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 deternuned 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, wliichever 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 by the present personnel and the present equipment of the Fire Department, within the limitations of avaiIable 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 asea 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. ENVIItONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement ofthe 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, sha11 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 a11 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 e~ective 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 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 1. Residents of this property may utilize all e~sting 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 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 ofthis property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density ofpopulation 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 poputation density increases to the property level, solid waste collection shall be provided to this property in accordance with the cunent 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. 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 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 Regulations and µ 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 (4'/2) 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 sha11 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 standazds, _ located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT 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 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 (41/z) years after that date. J. NIISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the azea will be maintained by the City commencing upon the date ofuse or within siacty (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 ofthe effective date ofthe 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 topogaphy, 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 this Ordinance. 5 PROPERTY OWNER: Parce1102 Jesus ~spinoza 2237 Country Club Drive Plano, Texas 75074-3582 . ~ ~ ~ Subje t Pr perty +i E'.i Line Ci;y L~mi's . u ~ ~ - ~ 00~ ~;ty ~:m~is 7 C u > ~ v ~ ~ d~ ~ ~ ~ sY• .