Ordinance 2002-04 IIR1110.I I 2m17mt 78719
hl ORD 1112
Ordinance No. pam-04
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING
A 68.11 ACRE TRACT OF LAND OUT OF THE GUADALUPE DE
LOS SANTOS SURVEY, ABSTRACT NO. 1384, DALLAS
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND
INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND
SHALL BE EN'1'1'1'LED 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. 2001-48; 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 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. 2001-48, 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. 2001-48, and any amendments thereto.
SECTION 6: Any person, firm or'corporation who violates.any provision of this
Ordinance and Comprehensive 'Zoning Ordinance No. 2001-48, 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 considereda;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. 2001-48, 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.
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PASSED AND APPROVED BY THE CITY COUNCIL OF'THE CITY OF WYLIE,
TEXAS on this 8th day of January, 2002.
411
J I HN MONDY, Mayor
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ATTESTED-TO ANDp,_ORRECTLY RECORDED BY:
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Exhibit "A"
Being a tract of land located on Pleasant Valley Road in Dallas County, Texas out of the
Guadalupe De Los Santos Survey, Abstract No. 1384, and being parts of Lots No. 1 and 2
of the partition of the Estate of Josiah Stone among his children and being part of a
154.31 acre tract and a 1.01 acre tract conveyed to B.B. Owen and H.A. Walker by deed
dated July 30, 1960 and filed for record August 5, 1960 in the Deed Records of Dallas
County, Texas and being more particularly described as follows:
BEGINNING at an iron stake on the Northwest R.O.W. of Pleasant Valley Road at the
intersectionof said Northwest R.O. W. of said road with the Northeast line of said 154.31
Owen-Walker tract, said point being the North corner of a 3.83 acre tract conveyed to the
County of Dallas for road R.O.W. by deed dated February 7, 1969;
THENCE Southwesterly with the new R.O.W. of Pleasant Valley Road as
follows:
South 45 deg. 50' West 781.11 feet;
South 43 deg. 33' West 1,100.58 feet;
South 45 deg. 39' West 62.30 feet to an iron stake set in said R.O.W. for
corner;
.THENCE North 45 deg. 49' 34" West across said 154.31 acre Owen-Walker
tract, 1,540.58 feet to an iron stake set in an old fence line for corner;
THENCE North 44 deg. 53' East with said old fence line and the Northwest line
of said Owen-Walker 154.31 acre tract 1,944 feet to an iron stake for corner set at the
base of a corner post for corner, said point being the North corner of said Owen-Walker
tract;
THENCE South 45 deg. 49' East with said old fence line and Northeast line of
said Owen-Walker tract, 1,528.76 feet to the Place of Beginning and containing 68.11
acres of land.
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Exhibit"B" .
CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: 02.601.-0-- -
DATE OF ANNEXATION.ORDINANCE: d/ ADL
ACREAGE ANNEXED: 68.11 acres
SURVEY, ABSTRACT & COUNTY: Guadalupe De Los Santos Survey, Abstract No.
1384,Dallas 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
areaof 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.
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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 collectionshall 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
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throughout the City.
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- 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. Uponconnection 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. SANI'T'ARY 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 ordinanceand 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.
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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
1111
1111
Filed and Recorded
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
03/21/2017 09:34:53 AM
$66.00
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201700078719
THE WYLIE NEWS
[overing Wylie, Sachse, Murphy amllhe surrounding area
lION. Ballard 51.
P.O. Box 369
Wylie, Texas 75098
972.442.5515
Fax 972.442.4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the foregoing attached
55 J-~ - Clr-cJ. ~DO .~- Q4-
was published in said newspaper on the following dates, to-wit:
'S 0 n . 'G>
, 2002, and
, 2002.
f1f!!:
Subscribed and sworn to before me this the L\-+-h day of r- wr Lt.o r L\ ,2002,
to certify which witness my hand and seal of office. -:::::;--
KATHLEEN S. NOBLE
Notary Public
State of Texas
My Comm. Exp. 03-03-2004
Notary Public in and for
The State of Texas
My Commission Expires ~
j-- ~'() !-' ~
ORDINANCE NO.
2002-04
AN ORDINANCE OF
THE CITY OF WYLIE.
TEXAS. ANNEXING A
68.11 ACRE TRACT OF
LAND OUT OF THE
GUADALUPE DE LOS
SANTOS SURVEY.
ABSTRACT NO. 1384.
DALLAS COUNTY.
TEXAS; PROVIDING
THAT THE OWNERS
AND INHABITANTS OF
THE ABOVE-
DESCRIBED TRACT 0
LAND SHALL BE ENTI-
TLED TO THE RIq>>TS
AND PRIVILEGES OF
OTHER CITIZENS OF
WYLIE AND BE
BOUND BY THE ACTS
AND ORDINANCES
NOW IN EFFECT AND
HEREAFTER ADOPT-
ED; PROVIDlNG FOR A
PENALTY FOR A VIO-
LATION OF THIS ORDI-
NANCE AND COMPRE-
HENSIVE ZONING
ORDINANCE NO. 2001-
48: 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.
DULY PASSED
APPROVED BY THE
CITY COUNCIL OF THE
CITY OF WYLIE.
TEXAS. THIS 8TH DAY
OF JANUARY. 2002.
JOHN MONDY. MAYOR
ATTEST:
BARBARA SALINAS.
CITY SECRETARY
34-1t-339