Ordinance 2001-33 Illll 1 llhIII I I I III II 1/14
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Ordinance No. A CQ I'J 3
AN ORDINANCE ANNEXING A 60.026 ACRE TRACT OFT LAND
OUT OF THE ALLEN ATTERBURY SURVEY, AB
AND THE AARON WEST SURVEY,
OBITANTS OF TRACT NO. 9THE
79;
PROVIDING THAT THE OWNERS
ABOVE-DESCRIBED TRACT OF LANDT SHALLABE ENTITLEDS OF TO
THE
RIGHTS AND PRIVILEGES OF
WYLIE
AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN
Er'r'r,CT AND HEREAFTERADOPTED; O
R A
PENALTY FOR A VIOLATION
OF THIS ORDINANCEAND
COMPREHENSIVE ZONING ORDINANCE
O . 85-23T; PROVIDING
CLAUSES;FOR REPEALING, SAVINGS
PROVIDING FOR AN EFFECTIVE DATE O OTHTRDCAPTION
ORDINANCE;
AND PROVIDING FOR THE
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
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.
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.
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 July, 2001.
V
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ATTESTED TO AND CORRECTLY RECORDED BY:
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Exhibit"A"
Being a tract of land situated in the Allen Atterbury Survey, Abstract No. 23 and the
Aaron West Survey, Abstract No 979, Collin County, Veing nmp part of
775, thosePaoe tracts
of
land described in deed to George S. Richards as recorded
eed
Records, Collin County, Texas and being all of a called 1.00 acre tract of land described
in deed to F.D.Feagin et ux, of record in Volume 914,Page 697, said Deed Records, and
also being all of Tract 2 and part of Tracts 1 and 4 described in deed to Jimmie Jane
Feagin of record in Volume 775,Page 58, said Deed Records, and being a part of a called
2.10 acre tract described in deed to F.D.Feagin et ux, recorded in Volume 757,Page 824,
said Deed Records, and being more fully described my metes and bounds as follows:
ine of
Beginning at a 3/8" iron rodfound
acre tract east
s described right-in deedf-way lto F.D. eagin, as. 544, recorded
ecorded
eing the
northwest corner of a called
in Volume 914,Page 697, said Deed Records;
Thence North 87 deg. 49 min. 07 sec. East, along the north line of said 1.00 acre tract, a
distance of 185.30 feet to a 3/8"iron rod found for the northeast corner thereof,
Thence South 02 deg. 10 min. 53 sec. East, along the east line of said 1.00 acre tract, a
distance of 4.05 feet to a iron rod found for corner,begin the northwest corner of said
Feagin Tract No. 1;
Thence North 87 deg. 49 min. 07 sec. East, along thee north line
ofsaid Tract No.orner of said
distance of 627.25 feet to a fence post for corner, being northwest
Richards Tract No. 1;
Thence North 01 deg. 06 min. 35 sec. East, along the east line of said Richards tract, a
distance of 297.26 feet to a'/"' iron rod found for corner, being the southwest corner of a
called 1.00 acre tract described in deed to David L. Tyler and wife, Esther M. Tyler as
recorded in Collin County Clerks File No,95-0082463;
Thence South 88 deg. 37 min. 42 sec. East, along the south line of said Tyler tract, a
distance of 149.61 feet to a' " iron rod found for corner,
Thence North 01 deg. 02 min. 04 sec. East, along the east line of said Tyler tract, a
distance of 290.6 feet to a point in the centerline of Stone Road, from which a ' " iron
rod found for reference bears South 01 deg. 02 min. 04 sec.West, 32.15 feet;
Thence South 88 deg. 59 min. 21 sec. East, along the centerline of Stone Road, same
being the north line of said West Survey, a distance of 651.48 feet to a point for corner;
Thence along centerline of a creek the following:
South 16 deg. 27 min. 39 sec.East, a distance of 57.46 feet to a point for corner;
South 47 deg. 11 Min. 43 sec.East, a distance of 65.63 feet to a point for corner,
South 43 deg. 36 Min. 17 sec.East, a distance of 124.60 feet to a point for corner,
South 29 deg. 18 Min. 38 sec. East, a distance of 68.15 feet to a point for corner;
Thence South 88 deg. 54 Mini 01 sec. East, leaving said creek, a distance of 99.06 feet to
a point for corner in another branch of creek;
Thence, along centerline of said branch,the following:
South 58 deg. 34 Min. 23 sec. East, a distance of 104.07 feet to a point for corner;
South 08 deg. 00 Min. 39 sec.East, a distance of 161.84 feet to a point for corner;
South 43 deg. 44 Min. 54 sec.East, a distance of 53.83 feet to a point for corner;
South 19 deg. 34 Min. 30 sec. East, a distance of 31.24 feet to a point for corner;
South 49 deg. 37 Min. 59 sec.East, a distance of 27.57 feet to a point for corner;
South 01 deg. 09 Min. 12 sec.East, a distance of 22.25 feet to a point for corner;
South 22 deg. 01 Min. 47 sec.East,a distance of 48.57 feet to a point for corner;
South 23 deg. 00 Min. 11 sec. East, a distance of 95.60 feet to a point for corner;
South 17 deg. 20 Min. 52 sec. East, a distance of 60.80 feet to a point for corner;
South 14 deg. 46 Min. 36 sec.East, a distance of 63.07 feet to a point for corner;
South 27 deg. 12 Min. 28 sec. East, a distance of 50.89 feet to a point for corner;
South 24 deg. 55 Min. 00 sec.East, a distance of 94.45 feet to a point for corner;
South 02 deg. 40 Min. 52 sec. West, a distance of 51.11 feet to a point for corner,
South 63 deg. 14 Min. 38 sec. West, a distance of 128.07 feet to a point for
corner,
South 29 deg. 52 Min. 41 sec.West, a distance of 34.83 feet to a point for corner;
South 78 deg..04 Min. 48 sec.East,a distance of 29.29 feet to a point for corner;
South 63 deg. 14 Min. 38 sec. West, a distance of 128.07 feet to a point for
corner;
South 42 deg. 46 Min. 10 sec.East,a distance of 55.36 feet to a point for corner,
South 13 deg. 14 Min. 31 sec. West, a distance of 47.82 feet to a point for corner;
South 16 deg. 52 Min. 44 sec.East, a distance of 78.79 feet to a point for corner,
South 88 deg. 50 Min. 48 sec.East, a distance of 82.54 feet to a point for corner;
South 55 deg. 39 Min. 54 sec.East, a distance of 59.29 feet to a point for corner,
South 29 deg. 51 Min. 04 sec.West, a distance of 24.15 feet to a point for corner;
South 08 deg. 33 Klin. 33 sec.East, a distance of 101.93 feet to a point for corner;
South 08 deg. 57 Min. 14 sec.East, a distance of 95.23 feet to a point for corner;
South 32 deg. 16 Min. 09 sec.East, a distance of 156.10 feet to a point for corner;
South 38 deg. 38 Min. 20 sec. West, a distance of 109.96 feet to a point for
corner;
South 29 deg. 51 Min. 56 sec.East, a distance of 14.79 feet to a point for corner;
Thence North 88 deg. 27 min. 19 sec. West generally along a barbed wire fence line, a
distance of 841.65 feet to a wooden fence post for corner;
Thence North 03 deg. 10 min. 55 sec. East, a distance of 250.10 feet to a 'A" iron rod
found for corner;
Thence North 88 deg..49 min. 53 sec. West a distance of 986.10 feet to a 3/8" iron rod
found for corner;
Thence North 89 deg. 10 min. 37 sec. West, a distance of 221.30 feet to a '/2" iron rod
found for corner;
Thence North 02 deg. 12. Min. 16 sec. West, a distance of 405.16 feet to a V2" iron rod
found for corner;
Thence South 87 deg. 47 min. 44 sec. West, a distance of 256.58 feet to a V2" iron rod
• found for corner;
Thence North 02 deg. 12 min. 16 sec. West, a distance of 457.87 feet to a Point of
Beginning, containing 60.026 acres of land, more or less.
Exhibit"B"
CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: o�OO/"• J
DATE OF ANNEXATION ORDINANCE: JLL!D d t) ( !2D/_
ACREAGE ANNEXED: 60.026 acres
SURVEY, ABSTRACT & COUNTY: Allen Atterbury Survey, Abstract 23 and the Allen
West Survey Abstract 979,Coffin 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.
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 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.
1 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 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.
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After Recording Return To:
City of Wylie
Attn:Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
dand-Recordee
Official Public Records
Stacey Kemp, County Clerk
Collin County, TERAS
03/13/2017 11:16:16 AM
$78.00 CJAMAL
20170313000317730
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