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Ordinance 2001-17 04935 02968 2eJ01- eH?Jfl '"lEI 7:1. Ordinance No. /).(X) 1-17 AN ORDINANCE ANNEXING A 359.66 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J.G. JOUETT SURVEY, ABSTRACT NO. 475 AND THE AARON WEST SURVEY, ABSTRACT NO. 979, 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 HEREAFTER ADOPTED; PROVIDING FOR A PENAL TY 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 THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the 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 43.063, 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 04935 02969 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 that 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 instituted the 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. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. '04935 02970 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 amendment 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 any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. o 4 9 3 5 0 2 9 7.1 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 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 24th day of April 2001. ATTESTED TO AND CORRECTLY RECORDED BY: ity Secretary DATE OF PUBLICATION: March 14.2001, WYLIE NEWS DATE OF POSTING: March 14 throueh March 27. 2001, http://www.ci.wylie.tx.us 04935 02972 EXHffiIT A LEGAL DESCRIPTION 359.66 ACRES BEING a 359.66 acre tract ofland situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey, Abstract No. 979, and being part of those certain tracts conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005773 and being all that certain tract of land described in Quitclaim deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in County Clerk File No. 96-0091287, Deed Records, Collin County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the centerline intersection of Beaver Creek Road and Fox Hollow, said rod being an angle point in the West line of Beaver Creek Estates, Section One, an addition to Collin County, Texas; THENCE North 86 degrees 24 minutes 36 seconds West, with the centerline of said Beaver Creek Road, a distance of937.40 feet to a 1/2 inch iron rod set for corner; THENCE North 89 degrees 14 minutes 31 seconds West, a distance of 991.62 feet to a 1/2 inch iron rod set for corner in the City of Dallas take line (Lake Ray Hubbard), from which a City of Dallas concrete monument bears South 18 degrees 18 minutes 59 seconds West, a distance of 21. 54 feet; THENCE along said take line the following calls: North 18 degrees 06 minutes 55 seconds East, a distance of 271.42 feet to a 1/2 inch iron rod set for corner; North 43 degrees 15 minutes 40 seconds West, a distance of377.24 feet to a 1/2 inch iron rod set for corner; South 63 degrees 02 minutes 34 seconds West, a distance of 399.88 feet to a City of Dallas concrete monument found for corner; South 43 degrees 54 minutes 58 seconds East, a distance of 281.99 feet to a City of Dallas concrete monument found for corner; South 21 degrees 32 minutes 32 seconds West, a distance of 152.62 feet to a 1/2 inch iron rod set for corner in the centerline of said Beaver Creek Road; THENCE North 80 degrees 52 minutes 29 seconds West, a distance of 36.36 feet to a point in said road; 04935 02973 THENCE North 51 degrees 28 minutes 20 seconds West, a distance of 576.35 feet to a 1/2 inch iron rod set at the centerline intersection of said Beaver Creek and Troy Road; THENCE North 01 degrees 41 minutes 22 seconds East, a distance of 159.27 feet to a point in Troy Road; THENCE North 01 degrees 09 minutes 54 seconds West, a distance of 171.46 feet to a point in Troy Road; THENCE North 06 degrees 15 minutes 10 seconds West, a distance of71.55 feet to a 1/2 inch iron rod set for corner in Troy Road and West line of aforesaid J.G. Jouett Survey, said rod being the Northeast corner of J.D. Shelby Survey, Abstract No. 819 and the Southeast corner of aforesaid Aaron West Survey; THENCE North 89 degrees 07 minutes 04 seconds West, with the common line of said J.D. Shelby Survey and said Aaron West Survey, a distance of 1048.38 feet to a 5/8 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in Deed to Billy Ray Burdine, recorded in Volume 825, Page 240, Deed Records, Collin County, Texas; THENCE North 00 degrees 23 minutes 11 seconds East, a distance of 546.44 feet to a 1/2 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in deed to Jack M. Hankey, recorded in Volume 3394, Page 60, said Deed Records; THENCE North 00 degrees 22 minutes 53 seconds West, a distance of 693.82 feet to an old barbed wire fence corner post for corner; THENCE North 89 degrees 37 minutes 07 seconds East, a distance of 148.17 feet to a point for corner in Rush Creek; THENCE along the meanders of the centerline of said Rush Creek, the following calls: North 37 degrees 00 minutes 30 seconds West, a distance of23.72 feet to a point in said creek; North 27 degrees 30 minutes 26 seconds West, a distance of 187.98 feet to a point in said creek; North 71 degrees 54 minutes 58 seconds West, a distance of 60.53 feet to a point in said creek; North 20 degrees 14 minutes 42 seconds West, a distance of 91.97 feet to a point in said creek; . 04935 02974 North 21 degrees 59 minutes 06 seconds West, a distance of 190.05 feet to a point in said creek; North 28 degrees 32 minutes 54 seconds East, a distance of 120.21 feet to a point in said creek; North 14 degrees 27 minutes 10 seconds West, a distance of72.17 feet to a point in said creek; North 76 degrees 18 minutes 47 seconds West, a distance of 105.21 feet to a point in said creek; North 14 degrees 09 minutes 47 seconds West, a distance of238.47 feet to a point in said creek; North 26 degrees 51 minutes 56 seconds West, a distance of 116.88 feet to a point in said creek; North 38 degrees 38 minutes 20 seconds East, a distance of 109.96 feet to a point in said creek; North 32 degrees 16 minutes 09 seconds West, a distance of 156.10 feet to a point in said creek; North 08 degrees 57 minutes 14 seconds West, a distance of 95.23 feet to a point in said creek; North 08 degrees 33 minutes 33 seconds West, a distance of 101.93 feet to a point in said creek; North 29 degrees 51 minutes 04 seconds East, a distance of24.15 feet to a point in said creek; North 55 degrees 39 minutes 54 seconds West, a distance of 59.29 feet to a point in said creek; North 88 degrees 50 minutes 48 seconds West, a distance of 82.54 feet to a point in said creek; North 16 degrees 52 minutes 44 seconds West, a distance of78.79 feet to a point in said creek; North 13 degrees 14 minutes 31 seconds East, a distance of 47.82 feet to a point in said creek; 04935 02975 North 42 degrees 46 minutes 10 seconds West, a distance of 55.36 feet to a point in said creek; North 78 degrees 04 minutes 48 seconds West, a distance of 29.29 feet to a point in said creek; North 29 degrees 52 minutes 41 seconds East, a distance of 34.83 feet to a pint in said creek; North 63 degrees 14 minutes 38 seconds East, a distance of 128.07 feet to a point in said creek; North 02 degrees 40 minutes 52 seconds East, a distance of 51.11 feet to a point in said creek; North 24 degrees 55 minutes 00 seconds West, a distance of 94.45 feet to a point in said creek, said point being the Northwest corner of called 106.92 acre tract as described as "IV" in aforesaid Executor's Deed; THENCE South 88 degrees 42 minutes 41 seconds East, along the North line of said called 106.92 acre tract and generally along a meandering barbed wire fence line, a distance of 2649.46 feet to a 1/2 inch iron rod set for corner, from which an old barbed wire fence corner post bears, North 00 degrees 43 minutes 01 seconds West, a distance of 4.8 feet; THENCE North 00 degrees 38 minutes 39 seconds East, a distance of877.52 feet to a 1/2 inch iron rod set, being the south line of Stone Road, and the northeast corner of a tract of land described in deed to Raymond T. Baez as recorded in Volume 1024, Page 675, said Deed Records; THENCE, South 88 degrees 39 minutes 20 seconds East, 1663.07 feet with south line of said Stone Road to a 1/2 inch iron rod set, being the northwest corner of a tract of land described in deed to David and Linda Jones as recorded in County Clerk File No. 91- 0069924, said Deed Records; THENCE, South 00 degrees 12 minutes 04 seconds West, 1825.54 feet to a 1/2 inch iron rod set, being the easterly northeast corner of a tract of land described in deed to Birmingham Memorial Land, Trust as recorded in County Clerk File No. 97-0032430, said Deed Records; THENCE South 00 degrees 23 minutes 14 seconds West, generally along a meandering barbed wire fence line in heavy brush, a distance of 2515.82 feet; J THENCE South 00 degrees 15 minutes 12 seconds West, a distance of 404.44 feet to the POINT OF BEGINNING, containing 359.66 acres of land, more or less. U4 9 3 5 0 2 9 7 6 "EXHffiIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: ~OOI-'7 DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 359.66 SURVEY, ABSTRACT & COUNTY: J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey, Abstract No. 979, Collin 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 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 (4-1/2) 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 1. 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. 04935 02977 "EXHffiIT 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 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 offire 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 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 04935 02978 "EXHffiIT 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 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. 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 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 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 collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's eXIstmg 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 hCJ,s been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 3 04935 02979 "EXHffiIT 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 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~) 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 4 04935 02980 "EXHffiIT B" are connected to City mains will be maintained by the City qf 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 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 this Ordinance. CITY OF WYLIE 2000 HWY. 78N WYLIE, TX. 75098 ATTN: CITY SECRETARY 5 ~- ~ ~j~ ? r,..\'" . I U\ \. \ ., ...... I J - iU:r ~ I o - ~-~. ~ c / -11fl1 r+= - I II I ! ~- I, h f II I I - I II11I one - Ir-.L r-...... ,. - - -.q r-~ - I - r-I- - = ~ II 04935 0298' r I 1 I I i I I -.' 'I I I Iln '0 II -L I ') - 'I I,o~' ~........ ....... .~-5bl'ao:. ..~'.~~~9:; - I Jt - 'V" r-- f--- - .J ,.... f ):: ::: ;r ~ '1 ~ ~ )' [li1111111/ - i~ 1 ~--- i-I : 1 \ I \ ~I Z I ~ ANNEXATION LOCATION MAP I I'D '\ ~= Ifr-~I\ \ -~....... ~ = ~r- ~l).. \\ ~-~ I - I I I I \ \ } THE WYLIE NEWS Covering W,.lle, Sadlse, ~Iurr'l" 111I1 the surrounding Ired I III N. /lnllnH.I 51. P.O. Olllt ~(j9 Wylie. Telln!! 75U9R (972) 442-5515 rn~ (972) 442-4~ 18 STATE OIi' TEXAS COUNTY OF COLLIN ~" Uefol"e me, the undersigned outho.,lty. on tI.ls day personally appeoted cl.od Ehgbrock. of TltE WYLIE NEWS, a ne,,,spaper regularly pubUshed hi:ColJln County. 'texas and having general clrcu'atlol1111 Collf.. Count)', Texns, ,,,110 being by me duly slvorn deposed and says that the toregolng attached 45/L Legal - Ord. 2001-17 "'OS IJUbllsht!d In sold newspaper on the toUowJng dotes. to-witt May 9 . 2m.", and ~ fioor Subscribed and swotn to befote ane tMs tire 2nd to certify which whness hi' hahd 'IUd seat of omce. day or June . iOUI Notary Public hi aild fot The State of Thxas My COIllntlssloll Expires ~ ~:_5 ORDINANCE NO. 2001-17 AN ORDINANCE ANNEXING A 359.66 ACRE TRACT OF LAND. MORE OR LESS. SITUATED IN THE J.G. JOUETT SURVEY. ABSTRACT NO. 475 AND THE AARON WEST SURVEY. ABSTRACT NO. 979. 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 ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPT- ED; PROVIDING FOR A PENALTY FOR A VIO- LATION OF THIS ORDI- . NANCE AND COMPRE- HENSIVE ZONING ORDINANCE NO. 85- 23A; PROVIDING FOR REPEALING. SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDI- NANCE; AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TION THEREOF. 50-1 t-339