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Ordinance 2001-41 .7 I0311 m pIII I Q il1 I1I3/2017 11:16:17 AM 00 1/14 Ordinance No. a'00 1 —41. • AN ORDINANCE ANNEXING: TRACT 1, A 49.277 AACRE 1T TRACT RY LAND, MORE OR LESS, SITUATED IN THE ALLEN SURVEY, ABSTRACT NO. 23 AND THE AARON WEST SURVEY, ABSTRACT NO. 979; AND TRACT 2, A 1.041 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE AARON WEST SURVEY, ABSTRACT NO. 979; PROVIDINGHAT �TRACT OFS AND LAN INHABITANTS OF THE ABOVE-DESCRIBED D 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 TADOPTF ED; PROVIDING PROVIDING FOR A PENALTY FOR A HIS 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 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 - I 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 11th day of September, 2001. # 4F w ' JOHN ONDY, +ayor ATTESTED TO AND CORRECTLY RECORDED BY: ya`"+��„®� unn a�a�i+„"/� Al 111,-i i 1.1 i 4 di a•PP--a' ...... 1--3 I SEAL ; i AT : • •1 P 1 AS, City ecretary /41i nnamtutt, DATE OF PUBLICATION: . , WYLIE NEWS Exhibit "A" Tract 1: Being a 49.277 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, Collin County Texas and being the same tract of land described in deed to Edwina Collins Cook as recorded in Collin County Clerk's File No, 93- 0039237 and being more full described by metes and bounds as follows: Beginning at a ' " iron rod set on the east right-of-way line of FM 544, being the most westerly - northwest corner of said Cook tract and the southwest corner of a called 4.86 acre tract of land described in deed to Charlane Collins Dew a recorded in Colin County Clerk's File No. 93- 0039229; Thence South 89 deg. 13 min. 54 sec. East, along the south line of said 4.86 acre tract, a distance of 484.40 feet to a 3/8" iron rod found for corner, being the southeast corner of said 4.86 acre tract; Thence North 00 deg. 59 min. 21 sec. East, a distance of 169.93 feet to a '/2" iron rod set for corner on the east line of said 4.86 acre tract and the south line of a called 5.791 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93- 0038230; II -:Thence South 89 deg. 17 min. 11 sec. East, along the south line of said 5.791 acre tract, a distance of 976.54 feet to a '/z" iron rod set for corner, being the southwest corner of a tract of land described in deed to G.S. Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas; Thence South 88 deg. 27 min. 19 sec. East, along the south line of said Richards tract, a distance of 841.65 feet to a point for corner in centerline of creek; Thence along centerline of said creek, the following: South 26 deg. 51 min. 56 sec. East, a distance of 102.09 feet to a point for corner; South 14 deg. 09 min. 47.sec. East, a distance of 238.47 feet to a point for corner; South 76 deg. 18 min. 47 sec. East, a distance of 105.21 feet to a point for corner; South 14 deg. 27 min. 10 sec. East, a distance of 72.17 feet to a point for corner; South 28 deg. 32 min. 54 sec. West, a distance of 120.21 feet to a point for corner; South 21 deg. 59 min. 06 sec. East, a distance of 190.05 feet to a point for corner; South 20 deg. 14 min. 42 sec. East, a distance of 91.97 feet to a point for corner; South 71 deg. 54 min. 58 sec. East, a distance of 60.53 feet to a point for corner; South 27 deg. 30 min. 26 sec. East, a distance of 187.98 feet to a point for corner; South 37 deg. 00 min. 30 sec. East, a distance of 23.72 feet to a point for corner; Thence South 89 deg. 37 min. 07 sec. West, a distance of 148.17 feet to an old fence post for corner, being the northeast corner of a tract of land described in deed to Jack M. Hankey as recorded in Volume 3394, Page 60, said Deed Records; Thence North 88 deg. 35 min. 09 sec. West, along the north line of said Hankey tract, a distance of 1578.94 feet to a 1/2" iron rod set for corner, being the northwest corner of a tract of land described in deed to Julie Littlejohn as recorded in Volume 3794, Page 267, said Deed Records; Thence South 02 deg. 52 min. 23 sec. West along the west lines of said Littlejohn and Hankey tracts, a distance of 180.18 feet to a'/z" iron rod set for corner in a gravel road; Thence West, along the most southerly south line of aforesaid Cook Tract, a distance of 350.04 feet to a'/2" iron rod set for corner; Thence North 01 deg. 39 min. 30 sec. East, a distance of 528.18 feet to an iron fence post for corner, being the northeast corner of a tract of land described in deed to Clyde Parker as recorded in Collin County Clerk's File No. 2000-0037949; Thence North 86 deg. 45 min. 13 sec. West along the north line of said Parker tract, a distance of 190.31 feet to an iron fence post for corner; Thence North 01 deg. 47 min, 34 sec. East, along the east line of a called 3.99 acre tract of land conveyed to John Rice Housewright, et al, a distance of 122.06 feet to an iron fence post for corner; Thence North 89 deg. 26 min. 18 sec. West, along the north line of said Housewright tract, a distance of 464.40 feet to a 1/2" iron rod set for corner in the east right-of-way line of aforesaid FM 544; Thence North 02 deg. 12 min. 16 sec. West, along the east right-of-way line of said FM 544, a distance of 338.00 feet to the Point of Beginning, containing 49.277 acres of land, more or less. Tract 2: Being a 1.041 acre tract of land situated in the Aaron West Survey, Abstract 979, Collin County, Texas and being more fully described by metes and bounds as follows: Beginning at a 'A" iron rod set for the southerly southwest corner of a tact of land described in deed to Edwina Collins Cook as recorded in Collin County Clerk's File No. 93-0039237; Thence East, a distance of 350.04 feet to a'A" iron rod set in gravel road; Thence South 02 deg. 52 min. 23 sec. West, a distance of 133.19 feet to a 60d nail set in gravel road; Thence North 89 deg. 02 min. 27 sec. West, along the centerline of said gravel road, a distance of 347.09 feet to a 60d nail found for corner; Thence North 01 deg. 39 min. 30 sec. East, a distance of 127.26 feet to the Point of Beginning, containing 1.041 acres of land, more or less. EXHIBIT "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: A001 — 41 DATE OF ANNEXATION ORDINANCE: g&iOraYi hv)/I) o?Oti ACREAGE ANNEXED: Tract 1 — 49.277 acres;, Tract 2— 1.041 SURVEY, ABSTRACT &COUNTY: Tract 1 - Allen Atterbury Survey, Abstract 23 and the Allen West Survey Abstract 979, Collin County, Texas; Tract 2 - Aaron West Survey, Abstract 979, 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 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 _ 111 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 mainsimprovedCity installed or to standards which are within the annexed shall be maintained r within dedicated easementsby the City of Wylie area and are 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 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. _._ _ .. _ 1 ..1 — — _. —.._.._.._.._.._.._..— — — — — L I 1 B 111 S 1 , i j 1 $r 71144 ' Ij 1 ti 3 44 4 i 4. nr a' ! • I 410 1 I tJ,,, I 1 r' !;,,,„, :,,- '-,,,.-„,:. -" ; , ., ,21•:.'4,'\- i C \••-\ 1 X,........_..] 1 Ii't e j _ W • I ! _ A. 1 I I �'.._.. •.__ I ._.._.._.._.._.._.._.._ 1 • �Q! y k 4 , l'=;:::-•,•1$,";;.',7-,:‘,..- f ,a v` ,. . ..t'Idl4 1 � ir \'\\ III ....... r.._.._.._.. .. .._.._ 1...,, ..:,-';',.7',,,l'.7 cr; s�y ''''''—r—..---1 MF 'rt I I tll ! ' - j y_. I 1 ,,„,,,,.,,,..,,„,,,,,,,....A, _•,_ e ._ Iii •__.._.._..-1 i ''s %lr4"r 1 1 I 7• L..1_..J 1 i = 1 .�, I y �'Py't�"t1:;s;w I 1 1 .._.._..J 1 • g 'IN •-1 »_.._.._.._.._.._ ( i 1 i[•' " ••I I I _..s i After Recording Return To: City of Wylie Attn:Stephanie Storm 300 Country Club Rd.#100 Wylie,TX 75098 Filed and-iecordeec Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 03/13/2017 11:16:17 AM $78.00 CJAMAL 20170313000317740 l'I-IE WYLIE NEWS (:Overlllg Wyiic, SDch~c, ftltll'I,I.y olldthc SIIttllII.lllillg orCD I III N. nallmd SI. 1'.( J. n(l~ .1(,9 Wylir. TrXI1!' 7509R (972) 442-5515 Fox (972) 442-43' R STATE OIi' TEXAS COUNTY OF COLLIN lJefore me, the undersigned authority, on this day personally appeared Chad Englu'ock, of THE WYf.,II~ NEWS, a newspaper regularly published In Collin County, Texas and having general circulation In Collin Count)', Texas, who being by me duly sworn deposed and says tbat the foregoing aUached 53j l - ()1!Cl. ::lOaf - 4J ",as lJubllshed In said newspaper on the following dates, to-wit: ,':i"" ~o-p+. ~Le , 2001, and ~ Chad Engbrock Suhscl'lbed and sworn to before me this the '1 th day of CY\ n . 0 ~ to cel'UfJ' which witness my hand and seal of office. ~ ~. Notary Public ill and C01' The State of Texas , 2001 . , 2001, Dd/ D3k~iJf My COnlmission Expires rl1I-IE WYLIE NEWS Coverlllg W,.lle, Sacl.se, ftlurp"Y allll tI.e surrounding lite" 1111 N. llallard SI. 1'( J. l111x 3(;9 \''}-lir, Trxll!' 751/98 (972) 442-5515 Fnx (972) 442-4318 STATE OF TEXAS C()UNTY OIi' COLLIN lJefole lIIe, the undersigned authorUy_ on thts day pel'sonally appeal'ed thad Ettgbtock_ of l'IIE WYLIE NEWS, 0 neltsl'olJer ..egularly 'JUbUshed 'Ii, Colfln CuuntYf 1~xas atid hlivtng gennal clrculatfon hI Colli" Count)', 'texas, ".ho being by IlIe duly 81vorri delJOsed and Sliys thlit the toregoJlIg attnched 0U~ ~~, W- #c:20ol-Y/ nos lJubllshe III said lIen'spoper 011 tit ollo\vtllg dates, to-\vlh ~. ~ (" , 200r', nud ,2001 (ff( Ita Ettgbrock - Subscl'lbed Dlld s\vorll to before me thfs tbe ~ to t:ullfJ' ,,,hld, witness my hand Dud seal or ofOce. day of cf}~, _ 2001 Notary PubUc jlllltld Cot' TJle State or 'texas l\1y COlIlIUJssJoll Expires .5)3) tY-/ .