Ordinance 1999-37
CIT'l OF WYLIE, TEXAS
04935 02810
ORDINANCE NO.f13#-
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AN ORDINANCE ANNEXING A 4.9455 ACRE TRACT OF LAND, MORE OR
tESS, SITUATED IN THE JOHN w. MITCHElL SURVEY, ABSTRACT NO.
589; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE--
DESCRIBED TRACT OF lAND SHALL BE ENTITLED TO THE RIGHTS AND
PRIVILEGES OF OTHER GITIZENS OF WYLIE AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;
PROVIDING FOR A PENALTY FOR A VIOLATION OF TIllS ORDINANCE
AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF TillS 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-descnoed 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 offull 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 ilrspection and was
available for explanation to the inhabitants of the Property at the public hearings; and
04 9 3 5 0 2 811
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 "Exlu"bit 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.
04 9 3 5 0 2 8 7 2
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.
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.
04935 02873
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
on this L day of /It'/4~<{A~ 1999.
ATTESTED TO AND
CORRECTLY RECORDED BY:
DATE OF PUBLICATION:
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, Wylie News
04935 02874
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BEING 011 that certoin tract or parcel of land situated in the John W. Mitchell
SurVey, Abstract No. 589. Collin Counly. Texas, same being of! 01 thut certain
called (5,00) acre tract of land conveyed to Cene lellris by deed recorded in
VolumE: 606, P0ge 545 of the Deed Records of Collin County. lexo:l. ond being
mar,e particularly described by meles and bounds os follows:
BEGINNING at 0 5/8" iron rod found for corner at the southwest corner 01 said
Lewis tract, some being al the southeast corner of that certain 55 acre truct
of land conveyed 05 ~Trcct 2" to Potsy Sue Donihoo by J.O, McWt1irter r.nd wife,
Pearl A. ~cWhirler, by deed recorded in Volume 942, Page 488 of the Collin
County Deed Records. end being in the north line of that certain (115.155) ocre
tract of land kno....n a5 Southfork Mobilo Home PorI< conveyed to Claylon/Cambridge
Joint Venture by instrurnent recorded under County Clerk's File Number
92-0045237. Collin County Deed Records, ond being in the centerline of old
McMillon Rood - Covnty Rood No. 298. and the south line of 0 20 foot
prescriptive rood easement and the north line a 50 foot righl-ol-lIwoy dedicated
by said Southfork Mobile Home Pork. and from which (] railroad spike round at
the intersection of :soid centerline of old Md.4illon Road, with the centerline
of I.lcCreary Rood, beors North 89' 33' 04- West, 0 distance of 1818.08 feet:
THENCE North 00' 40' SO- Eost, olong the meander9 of on old wire 'fence and
the north line of said Oonihoo tract, at a distance of 20 feet possing the
north line of said old McMillan Road ond the north lino of said prescriptive
eosement. ond cO'ltinuing on 0 totol distance of 834.61 feet to a 5/8- iron rod
found for corner at the northwest corner of said Lewis (5.00) acre tract, some
~ing 0 common westerly southwest corner of that certain coiled (113.407) acre
tract cf land conve)'ed to William E. Campbell. Jr" Tru~tee - McCreary Rood
Limited Partnership by deed recorded in Volume 881, Page 802 of the Collin
County Deed Records; .
THENCE North 89' 47' 50. East, along the meanders of on old wire lence a'
distance of 254,00 feet to 0 5/8" iron rod found for corner at the northeast
corner of said 'Lewis (5.00) acre tract end 0 interior corner cf soid Cornpbe!l
(113.407) acre troct;
THENCE Sowth 00' 40' 50. West. at 0 distonce of 812..3 feet passing on iron
pipe found at a corner fence post, at 0 distonce of 817.60 feet passing a 1/2-
iron rod found in the north line of aforesaid prescriptive easement of old
McMillon Rood, ond continuing on a total distance of 837.60 feet to 0 5/8" iron
rod found for corner at the southeasl corner of soid Lewis (5.00) acre tract
and the common southerly southwest corner of said Campbell (113.407) acre
tract, some being in the centerline of said old McMillon Rood. and being in the
north line of that certain called (51.095) ocre troct of land conveyed to Debra
S. Thurmond by deed recoF<fed under County Clerk's File No. 95-0090832 and
correction deed under Cou!'ty Clerk's File No. 0017370;
THENCE along the centerline of soid old McMillon Rood, and the centerline of 0
40 foot prescriptive road easement, North 89' 4" 40" West. 0 distance of
16.65 feet to 0 5/8" iron rod found for corner ot the northwest corner of soid
Thurmond (51.096) acre tract and the northeast corner of of ores aid
Clayton/Cambridge Joint'Venture <, 15.155) acre tract and the northeost corner
of aforesaid dedicated 50 foot right-of-way;
itlENCE continuing olong the centerline of said old McMillan Rood. and the south
line of said 20 foot prescriptive rood easement ond the north line 01 said
dedicated 50 foot right-af-woy. North 89' .32' .35" West, 0 distonce of 247..35
feet to the POINT or PLACE OF BEGINNING and CONTAINING 5.0666 ACRES OF LAND.
which includes 0,121 J ACRES OF LAND lying in soid 20 foot prescriptive road
e0gement. for 0 NET AAV>. OF 4.9455 ACRES OF lAND, more or less.
04935 02875
"EXlllBIT B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO, <11-3'1
DATE OF ANNEXATION ORDINANCE: / ~/// b:J
ACREAGE ANNEXED: 1/ ;:;15'?
SURVEY, ABSTRACT & COUNTY:
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 ofthe 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-l/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 ofthe 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
04'9 3 5 0 2 816
"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 (4-1/2) 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 ofthe 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
04935 02877
"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 ofthe 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
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, 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
Or.935 02878
"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,
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
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 ofthe 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 (4-112) years after that date,
C:Annex.ltr
04935 02819
"EXHIBIT B"
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 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 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
CITY OF \WlIE
2000 HWY. 78N
WYLIE. TX. 75098
ATTN: CITY SECRETARV
5
C:Annex.ltr
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fJ~935 02880
Ord #99-37
12114/99
McMillen Rd
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THE WYLIE NEWS
Covering Wylie, Sachse, Murphy and the surrouuding area
110 N. Ballard St.
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (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 Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
C~y On Wylie - Ohd. # 99-37
was published in said newspaper on the following dates, to-wit:
Jan. 5
, 2000, and
,2000.
Ch{'jfr --
Subscribed and sworn to before me this the 16
to certify which witness my hand and seal of offic~.
,2000,
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AMY C. LEWIS
t$i COMMISSION EXPI
September 26.
\.
My Commission Expires tj -Zil-Z(JrJ /
ORDINANCE NO. 99-37
AN ORDINANCE OF THE CITY
OF WYLIE, TEXAS, ANNEXING
A 4.9455 ACp-E_ TI~ACT Qf.
LAND. MORE OR LESS. SITU-
ATED IN THE JOHN W
MITCHELL SURVEY.
ABSTRACT NO S~9: PROVID-
ING 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
INGS AND SEVERABILITY
CLAUSES; PROVIDING FOR .\N
EFFECTIVE DATE OF TI-IIS
ORDINANCE: AND PROVIDING
FOR THE PUBLICATION OF
THE CAPTION HEREOF.
ATTEST: John Mondy, Mayor
32-! t-339