Ordinance 2001-31 �I ff 1I111 11111111111111 0 13/2 II 017 11;16.14 00 1112
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Ordinance No. a,CO -.
AN ORDINANCE ANNEXING A 63.5 ARA�NCISCOTRACT
DE LA PINALAND,
MORE OR LESS, SITUATED IN THE F
SURVEY, ABSTRACT 688; 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 •
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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
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.
6: Any person, firm or corporation who violates any provision of this
SECTION
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.
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.
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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 July, 2001.
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ATTESTED TO AND CORRECTLY RECORDED BY:
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Exhibit"A"
Being situated in Collin County, Texas, 'outof the F. De La Pina Survey, Abstract No.
688 and being the same land as conveyed to Jack M. Little and Robert W. Little by
Warranty Deed dated November 3, 1971, and recorded in Volume 802, Page 368 of the
Deed Records of Collin County, Texas, and being more particularly described as follows:
Beginning at the most eastern southeast corner of said F.De La Pina Survey;
Thence North 89 deg. 59 min. 52 sec. West along the centerline of a 35 foot gravel road
2123.87 feet to an iron stake for corner in the centerline of said road;
Thence North with the centerline of a 40 foot asphalt road, then along an established
fence line a distance of 1325.51 feet to an iron stake for corner;
Thence South 89 deg. 39 min. 50 sec. East along an established fence line 2069.10 feet to
an iron stake for corner, said stake being in the centerline of a 50 foot gravel road;
Thence South 2 deg. 23 min. 22 sec East along the centerline of said 50 foot gravel road
1314.60 feet to the place of beginning and containing 63.5000 acres of land.
Exhibit"B"
CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: IO) ! -31
DATE OF ANNEXATION ORDINANCE: Ja I c911 dOI
ACREAGE ANNEXED: 63.5000 acres
SURVEY, ABSTRACT & COUNTY: F.De La Pina Survey,Abstract 688, 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.
D. 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.
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 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
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 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. 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 1/2)
years after that date.
3. Water mains installed or improved.to City standards whichare withintheannexed
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.
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 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(4 1/2)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 commencingupon
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.
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After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
�F1Ze and-Recorde�c
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
1 03/13/2017 11:16:14 AM
$70.00 CJAMAL
20170313000317710
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