Ordinance 2002-53 I20438130I'II i1 012017 10:06:56 Ahs 00 1/11
Ordinance No. 0) -53
AN ORDINANCE ANNEXING A CERTAIN 48.643 TRACT OF
LAND OUT OF THE MERCER PHALEN SURVEY, ABSTRACT
695, 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; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF IRE 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 pztrformed 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 perm;ssible 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 1' day of 01c2/40;..2002.
0
JO II MONDY, ayor
AT TESTED TO AND CORRECTLY RECORDED BY:
akfleiVLS
BARBARA SALINAS, City Secretary - a'
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Exhibit "A"
Whereas, the Wylie Independent School District is the owner of a tract of land situated in
the Mercer Phalen Survey, Abstract 695, Collin County, Texas, and being all of that
certain tract of land conveyed to the Wylie Independent School District by deed recorded
in Volume 5098, Page 1750, Deed Records of Collin County, Texas, and being for
particularly described as follows:
BEGINNING at a 5/8" iron rod found at the southwest corner of said Wylie I.S.D. tract,
the northwest corner of that certain tract of land conveyed to Birmingham Land, Ltd. by
deed recorded in Document No. 94-0029675, Deed Records of Collin County, Texas and
the southeast corner of that certain tract of land conveyed to Centex Homes by deed
recorded in Volume 4899, Page 2267, Deed Records of Collins County, Texas:
THENCE N 00 degrees 21'44" E, along the west line of said 53.5076 acre tract, and the
east line of said Centex Homes tract, a distance of 982.54 feet to a 1/2" iron rod set at the
southwest corner of that certain called 1.5624 acre tract of land conveyed to Brian E.
Shuler and wife, Patti J. Shuler by deed recorded in Document No, 93-0094967, Deed
Records of Collin County, Texas;
THENCE N 89 degrees 33'38" E, along the south line of said 1.5624 acre tract, a
distance of 680.71 feet to a'A" iron rod set at its southeast corner;
THENCE N 00 degrees 24'51" E, along the east line of said 1.5624 acre tract, a distance
of 100 feet to 'A" iron rod set near a power pole at the northeast corner of said 1.5624
acre tract, said point also being on the south line of Quail Creek Addition as recorded in
Cabinet B, Page 170 of the Plat Records of Collin County, Texas;
THENCE along said south line of Quail Creek Addition as follows:
S 89 degrees 35'09" E, a distance of 991.13 feet to a'/2" iron rod set;
S 89 degrees 24'34" E, a distance of 344.91 feet to a 1/2" iron rod found at the
northwest corner of a 5.00 acre tract conveyed to Patsy Ruth Sheffield by deed
recorded in Volume 2168, Page 238, Deed Records of Collin County, Texas;
THENCE S 02 degrees 53'57" W, along West line of said 5.00 acre tract, passing an iron
rod at its southwest corner and continuing a total distance of 1109.87 feet to a'/2" iron rod
set on the south line of said 53.5076 acre tract and the north line of said Birmingham
Land, Ltd. tract;
THENCE N 88 degrees 46'52" W, along said line, a distance of 1967.94 feet to the
POINT OF BEGINNING and CONTAINING 48.643 acres of land.
Exhibit "B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.: OO
DATE OF ANNEXATION ORDINANCE: Deeeinkfi/ G12 AO4aj
ACREAGE ANNEXED: 48.643 tract of land
SURVEY, ABSTRACT & COUNTY: Mercer Phalen Survey, Abstract 695, 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
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 thereol:, 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
111 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 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
(—Filedand-Reoordeed
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
01/20/2017 10:06:56 AM
$66.00 CJAMAL
20170120000088230
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it "
THE WYLIE NEWS
wvermg Wylie, Sachse, Murphy and the surrounding area
110 N. Ballard
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____~__~~~E_~~_~~~~___________________________________________
was published in said newspaper on the following date(s), to-wit:
________~~--L-----------,2003, and __________________________________. 2003.
----------------------------
Chad Engbrock, owner and publisher
Subscribed and sworn to before me this the
witness my hand and seal of office.
2!l
;:;JYlJ(
day of
jd/
,2003 to certify which
tlL J(Jz~
ADA. L. MOO~E.Y
Notary F'ubhc
State 01 Texas
My Comm. ill!P. 01-02-07
Notary
The
Public
State
in
and
for
Texas
of
My Commission expires 01- tJ d. - 0 7
ORDINANCE 2002-53
AN ORDINANCE
Ac'mEXING A CERTAIN
48.643 TRACT OF LAND
OUT OF THE MERCER
PHALEN SURVE~
ABSTRACT 695, COLLIN
COUNTY, TEXAS; PRO-
VIDING THAT THE
OWNERS i\ND ll'ffiABI-
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
ORDINAi"JCES NOW IN
EFFECT AND HERE-
AFfER ADOPTED: PRO-
VIDING FOR A PENAL-
TY FOR A VIOLATION
OF THIS ORDINANCE
Al'ID COMPREHENSIVE
ZONING ORDINANCE
NO. 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.
PASSED AND
APPROVED THE 10TH
DAY OF DECEMBER,
2002.
MAYOR, JOHN MONDY
ATTEST:
BARBARA A. SALINAS
32-lt-339