Ordinance 2002-11 Ordinance No.A on
AN ORDINANCE ANNEXING A CERTAIN 5.791 ACRE TRACT OUT OF
THE AARON WEST SURVEY, 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. 2001-48; 4'=
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 m
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 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. 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
on this 23RD day of April, 2002.
/ 0 0 mi
JO I MONDY, Mayor
ATTESTED TO AND CORRECTLY RECORDED BY:
i%/i y � dY •r -fie`..
BARB ' £. INAS, ty Secretary v _
s v e
Exhibit "A"
Being a 5.791 acre tract of land in the Aaron West Survey, Abstract No. 979, Collin County,
Texas and being the same 5.791 acre tract of land describe in deed to Charlane Collins Dew,
recorded in Collin County Clerk's File No. 93-0039230 of the deed records of Collin County,
Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the east line of the 4.86 acre tract of land
described in deed to Charlane Collins Dew, recorded in Collin County Clerk's File NO. 93-
0039229 of the Deed Records of Collin County, Texas for the southwest corner of said 5.791
acre tract and hereof.,
THENCE with the east line of said 4.86 acre tract, North 04 degrees 29'02" West, a
distance of 258.81 feet to the northeast corner of said 4.86, being common with the northwest
corner of said 5.791 acre tract and hereof;
THENCE with the north line of said 5.791 acre tract for the following two (2) courses
and distances:
1. South 89 degrees 10'37" East, a distance of 24.69 feet to a 3/8 inch iron rod found
2. South 88 degrees 49'53" East, a distance of 986.10 feet to a 1/2 inch iron rod found
for the northeast corner of said 5.791 acre tract and hereof;
THENCE South 03 degrees 10'55" West, a distance of 250.10 feet to a 1/2 inch iron rod
found for the southwest corner of a tract of land described in deed to G.S. Richards, recorded in
Volume 775, Page 55 of the Deed records of Collin County, Texas, being common with the
southeast corner of said 5.791 acre tract and hereof,
THENCE with the south line of said 5.791 ace tract, North 89 degrees 17'11" West, a
distance of 976.54 feet to the TRUE POINT OF BEGINNING and containing within said
boundaries 5.791 acres of land.
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CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: 00 - 11
DATE OF ANNEXATION ORDINANCE: ifjpfl_.• G• 7007)
ACREAGE ANNEXED: 5.791 acres
SURVEY, ABSTRACT & COUNTY: Aaron West Survey, Abstract 979, Coffin 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
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
111 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.
L 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. Uponconnection,
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 effectivedate 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.
After Recording Return To:
City of Wylie
Attn:Stephanie Storm
300 Country Club Rd.4100
Wylie,TX 75098
i e an ecor e
Official Public Records
Stacey Kemp, County Clerk -
Collin County, TEXAS
03/13/2017 11:16:18 AM
$66.00 CJAMAL
20170313000317750
I
yS
THE WYLIE NEWS
~llveri~~\lI~lie~~a0~~e, ~~~rp~y ar~~~~_surrou~ldil1g area
lION. Ballard St.
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 aUached
~ ('\\ - Dr ('1. :J-.OD ~ - L\
was published in said newspaper on the following dates, to-wit:
--1\\e- j \
, 2002, and
, 2002.
er f/.
I .../ .lL--
Chad Engbrock
Subscribed and sworn to before me this the 3r cL day of oJ ~ ~
to certify which witness my hand and seal of office.
, 2002,
KIMBERLY A. FRENCH
Notary Public
State of Texas
My Comm. Exp. 04-25-06
k
Notary Public in and for
The State of Texas
My Commission Expires ~Ce
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{1
AN ORDINANCE
ANNEXING A CERTAIN
50791 ACRE TRACT OUT
OF THE AARON WEST
SURVEY, COLLIN
COUNTY, TEXAS; PRO-
VIDING THAT THE
OWNERS AND INHABI-
TANTS OF THE ABOVE-
DESCRIBED TRACT OF
LAND SHALL BE ENTI-
TLED TO THE RIGHTS
AND PRIVILEGES OF
OTHER CITIZENS OF
WYLIE AND BE BOUND
BY THE ACTS AND
ORDINANCES NOW IN
EFFECT AND HERE-
AFTER ADOPTED; PRO-
VIDING FOR A PENAL-
TY FOR A VIOLATION
OF THIS ORDINANCE
AND COMPREHENSIVE
ZONING ORDINANCE
NOo 2001-48; PROVID-
ING FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THE ORDINANCE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION THEREOF.
Ai-fiold .-iru.iJSpvi-tu.i~0il.
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