Loading...
Ordinance 2001-18 04935 02956 2001- eH3f;7670 Ordinance No. f){X)/ -/tb AN ORDINANCE ANNEXING A 1.00 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, 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 PENALTY 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 for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and 04935 02957 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. 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 04935 02958 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 ColI in County, Texas. SECTION 5: It shalI 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 shalI 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 shalI be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shalI be considered a separate offense; provided, however, such penal provision shalI 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 shalI 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. 1)4935 02959 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. \~. C~~O/ .. ::;;.:/, .' ~ *~- ..... ~I, "'LIE \Y...:.... '{II."I, '., ." ';'~:UIlHUH\\i..'I'" ' DATE OF PUBLICATION: March 14.2001, WYLIE NEWS DATE OF POSTING: March 14 throue:h March 27. 2001, http://www.ci.wylie.tx.us 04935 02960 EXHffiIT A LEGAL DESCRIPTION 1.00 ACRES All that certain lot, tract or parcel of land situated in the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, City of Wylie, Collin County, Texas, and being a part of that 2.939 acres tract of land as described in a Warranty deed from RockwalI Lot Leveling & Grading, Inc. to Paul C. Merritt and Richard A. Williams, dated February 14, 1985 and being recorded in Volume 2070, Page 140 of the Land Records of ColIin County, Texas, and being more particularly described as follows: BEGINNING at the W' iron rod found for comer in the Northwest right-of-way line of State Highway 78, at the Southwest corner of said 2.939 acres tract ofland, and being at the Southeast corner of a 0.998 acres tract of land as described in a Warranty deed to Doyle and Nancy Mitchell as filed in County Clerk's file 98-0069578 of the Official Public Records of Collin County, Texas; THENCE N. 00 deg. 04 min. 18 sec. W. along the common line between said 2.939 acres tract and said 0.998 acres tract, a distance of326.26 feet to a 3/8" iron rod found for comer in the Southeast right-of-way line of the Kansas City Southern Railroad; THENCE in a Northeasterly direction along a curve to the right having a central angle of 01 deg. 28 min. 01 sec., a radius or 5741.78 feet, a tangent of73.51 feet, a chord ofN. 57 deg. 21 min. 17 sec. E., 147.01 feet, along said right-of-way line, an arc distance of 147.02 feet to a W' iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034" set for comer; THENCE SOUTH (Controlling bearing line) parallel to the East boundary of said 2.939 acres tract, a distance of 379.07 feet to a W' iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034" set for comer in the curving Northwest right-of-way line of said State Highway 78; THENCE in a Southwesterly direction along a curve to the left having a central angle of 02 deg. 28 min. 20 sec., a radius of2924.93 feet, a tangent of63.11 feet, a chord ofS. 77 deg. 53 min. 05 sec. W., 126.19 feet along said right-of-way line, an arc distance of 126.20 feet to the POINT OF THE BEGINNING and containing 1.00 acres ofland. 04935 02961 "EXHmIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: fJaJ 1- \f; DATE OF ANNEXATION ORDINANCE: ~rzJ~) Z,O,QL ACREAGE ANNEXED: 1.00 SURVEY, ABSTRACT & COUNTY: FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, City of Wylie, Collin County, Texas. 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 calIs 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 ofthe effective date of the annexation ordinance. 1 '04935 02962 "EXHmIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment wilI 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 ofthe 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 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 02963 "EXHmIT 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 colIection 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 colIection 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 shalI 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 has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 3 04935 02964 "EXHmIT 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 eXistmg 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 (41;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 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 instalIed or improved to City standards, located in dedicated easements, and which are within the annexed area and 4 04935 02965 "EXHmIT B" are 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 (4V2) 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 ........ ........ ........ ./ .,./ ./ . SJ . ./' ....,. ../.' ()~ .../0' . Q' ./ ///;~\Y . ../,., (~./../' /' -J.' . /' .,/" ~/,'1 /' (- . . ./,.' ~~J../" i . () /' . /' . . ../,., 'V/'o./'. ~ .,/' (~ . /,.' I ;k/ -..; /., /' .' . / ,-~.,/' ~ o .r:- UJ U) (J'l c ~ u: c:r a 1" - 200' / I I '0_.._..1-.._.._ \ > / / / Annexation Map Q) 1 050 Hwy. 78 North r"-"-' THE WYLIE NEWS Cnverlnl W,lIe, Sadlse, ftlutp'l,llIIl the surrounding atell 111I N. Unllntd 51. ".0. nllll 369 Wylie. Telln!! 75U9R (912) 442-5515 r:n~ (972, 442-4~ 18 STATE OIi' TEXAS COUNTY OF COLLIN C;"'. Uero.'e me, the undersigned authurUy, Oil th's day personally appeared C'.ad Engbrock, of TilE WYLIE NEWS, a lIetvspoper regularly lJubllshed 'ti:Collln County, 'fexas atid hliv'ng general clrculaUon h. Collin CountJ', Texas, who being by tile duly !tworri deposed and says that the foregoing attached 44/L Legal - Ord. 2001-18 n'ns ImbUshed III sold netvspoper on th~ tuUowJng dotes. to-witt May 9 . 20("'; and f 1001 (1/{?- - . ~--- 11gb rock Subscribed aud swor*. to before me this the 2nd to certify which witness my hand Ilnd seat of office. day uf June f 2001 .//" (~ Notary Public ht llud fot The State of Texas .My Conlntisston .lExpJres SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBE-ED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVI- LEGES OF OTHER CITI- ZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDI- NANCES NOW IN EFFECT AND HERE- AFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIO- LATION OF THIS ORDI- NANCE AND COMPRE- HENSIVE ZONING THENCE, North 000 52' ORDINANCE NO. 85- 22" West, a distance of 23A, PROVIDING FOR 720.26 feet to the PLACE REPEALING, SAVINGS OF BEGINNING and AND SEVERABILITY CONTAINING 38.619 CLAUSES; PROVIDING acres of land. 50-lt-339 FOR AN EFFECTIVE ments. ORDINANCE NO. DATE OF THE ORDI- 2001-16 NANCE AND PROVID- No bidder may withdraw ING FOR THE PUBLI-, his bid within 60 days after AN ORDINANCE OF ,tC:A,:ON ,O,F THE C"AP- \, the actual date of opening THE CITY OF WYLIE, TION THEREOF. thereof. TEXAS, ESTABLISH- 50-1t-339 -<t 50-2t-1034 TNr. A SINKING FOND '-- - RDiNA NeE NO. . 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-lt-33 ORDINANCE NO. , 2001-18 r.' . Public Notices THENCE, North 890 07' 38" West, a distance of 25.00 feet to a point for corner; THENCE, North 000 52' 22" West, a distance of 290.40 feet to a point for corner; THENCE, South 890 07' 38" West, a distance of 300.00 feet to a point for corner; THENCE, North 000 52' 22" West, a distance of 432.61 feet to a point for corner; THENCE, North 740 18' 38" East, a distance of 273.08 feet to a point for corner; t - I a on an eet 07' of for 52' of for AN ORDINANCE ANNEXING A \.00 ACRE TRACT OF LAND, MORE OR LESS, Public Notices The information for Bidders, Form of Bid, Form of Contract, Plans, Specifications and Form of Bid Bond, Performance and Payment Bonds and other contract documents may be examined at the following: ! Cheatham & Associates 1601 E. Lamar Blvd., Suite 200 Arlington, Texas 760 II Copies may be obtained at the office of Cheatham & Associates 1601 E. Lamar Public Notices Blvd., #200, Arlington, Texas upon payment of $25.00 for each set. This payment is non-refund- able. The Owner reserves the right to waive any infor- malities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information of Bidders. The successful bidder must (when called upon) demonstrate adequate and substantial documented experience in the construc- tion disciplines necessary for constructing the pro- ject. Appropriate instruc- tions and bidder experi- ence requirements are described elsewhere in the bound contractual docu- Public Notices for furnishing an material, labor, equipment, inciden- tals, and to perform an work required for execut- ing the Water System Ground Storage Reservoir Cleaning Project. Bid doc- uments may be obtained from the North Texas Municipal Water District at 505 E. Brown Street, Wylie, Texas 75098. 50-2t-235 PUBLIC ADVERTISE- MENT FOR SEALED BIDS Sealed bids addressed to the City Manager of the City of Sachse win be received until 3;00 p.m. on Thursday the 24th of May, 200 I at the City Council Chambers, City of Sachse, 5560 Hwy 78, Sachse, Texas 75048. An bids win be publicly opened and read aloud for the follow- ing items for construction of a new municipal library. 1. Labor for framing con- struction (Ref Bid Package #009) Bid specifications are hvailabl~ i},t the Office of (unty aQ copy In this space wi appear In t e newspaper) ~tart date ~rcounl # (mmt be a Wednesday) ~ate taken ClassilkatioD ~ of Words ~otal$ D ADVERTISEMENT - CLASSIFIED ADVERTISEMENT CLASSIFIED ADVERTISEMENT t-:- 'J i