Ordinance 2002-15 Ordinance No.aU0�-15
a'�
AN ORDINANCE ANNEXING ALL OF A CERTAIN 34.036 ACRE TRACT OUT C
OF THE A. ATTERBERRY 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 CaL,__
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 o
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 pe:-son, 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
a
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 gum 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.
PASSEDWAND APPROVED BY THE CITY COUNCIL OF THE CITY OF YLIE TEXAS on this
9th day of July, 2002.
�I
J•i I MONDY, Mayor
ATTESTED TO A •RRECTLY RECORDED BY:
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B A 'A ' I AS, ' y Secretary a SEAL
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Exhibit "A"
Being a tract of land situated in the A. Atterberry Survey, Abstract No. 23, Collin County, Texas and
being part of a 45.07 acre tract, as recorded in Volume 309, Page 285 of the deed records of Collin
County, Texas and being more particularly described as follows:
BEGINNING at a point on the west line of F.M. 544, said point being on the south line of said 45.07
acre tract, a 1/2 inch iron stake found for corner;
THENCE South 89 deg. 44' 41" West, leaving the west line of F.M. 544 a distance of 1991.79 feet to a
1/2 inch iron stake found for corner;
THENCE North 01 deg. 34'20" West, a distance of 776.66 feet to a 1/2 inch iron stake found for corner;
THENCE East a distance of 1752.64 feet to a fence corner post for corner;
THENCE South 03 deg. 24'01" East, a distance of 204.58 feet to a fence corner post for corner;
THENCE South 89 deg. 51'39" East, a distance of 217.03 feet to a 1/2 inch iron stake found for corner;
THENCE along the west line of F.M. 544,the following:
South 01 deg. 30'48" West, a distance of 100.50. feet to a 1/2 inch iron stake set for corner;
South 04 deg. 11'50" East, a distance of 463.53 feet to the PLACE OF BEGINNING and
containing 34.036 acres of land.
Exhibit"B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: 2002- IS-
DATE
SDATE OF ANNEXATION ORDNANCE: Jud q, 2002
ACREAGE ANNEXED: 34.036 acres
SURVEY, ABSTRACT & COUNTY: A. Atterberry Survey,Abstract 23, 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 ofexisting 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 considera1.ion 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.
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.
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After Recording Return To:
City of Wylie
Attn:Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
�FTled and-Records
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
03/13/2017 11:16:20 AM
$62.00 CJAMAL
20170313000317770
THE WYLIE NEWS
~~~in~~rIi'2~";lfll~t:~~~I~JlII[ ami ~llc surrounding area
110 N. Ballard St.
1'.0. Box 369
Wylie, Texas 7509R
972.442.5515
Fax 972.442.43\ R
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
pubti~ation On o~dinan~e~ 2002-12 th~ough 2002-20
was published in said newspaper on the following dates, to-wit:
Auq. 28
, 2002, and
,2002.
~..~
Cha . ~brock
Subscribed and sworn to before me this the 5th
to (~ertify which witness my hand and seal of office.
day of
Sept.
,2002,
4~ Q. &rd
t~~--~~~"~~Vf~
f:~r:f3f.. P~~':r',~1~i~R N tary Public in and for
~\~ Stal-:. fJxas TeState of Texas
~ ,t'o,,\t; MyComnl [:;').07.31.05
~1!fS:~~~~",. ";':'~,"~
My Conlmission Expires
13/-05
2002-15
AN ORDINANCE
ANNEXING ALL OF A
CERTAIN 34.036 ACRE
TRACT OUT OF THE A.
ATTERBERRY SURVEY,
COLLIN COUNTY,
TEXAS; PROVIDING
THAT THE OWNERS
AND INHABITANTS 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
HEREAFTER ADOPT-
ED; PROVIDING 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.
John Mondy, Mayor
Attest: Barbara Salinas
City Secretary