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Ordinance 2009-10 , ~I~I I ~IIIIII II II II III , 50 23 P~l OD 1 I 19 ~ II 4 1 1 0 02. ~100 ORDINANCE NO. 2009-10 AN ORDINANCE ANNEXING A CERAIN 7 ACRE TRACT OF LAND SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23, COLLIN COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED IN A DEED TO FRED RONALD MOBBS AND JEAN MOBBS, RECORDED IN VOLUME 1731, PAGE 385 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 jurisdicrion 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 Ordinance No. 2009-10 Southbrook III Annexation the fortieth (40`h) day but before the twentieth (20`h) 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: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single-Family 10/24 (SF-10/24) District and in accordance with the approved Development Agreement Exhibit "C", said property being described in Exhibit "A", Exhibit `B" (Survey Map) attached hereto and made a part hereof for all purposes. ~ SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No. 2009-10 Southbrook III Annexation SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this ~ Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 31 S` day of March, 2009. ~ Eric Hogue, May ATTEST: pF `1~~,.. ~.r -~~1.~, . ~ , 3~ C ole Ehrlic , City Secretary , , ` ~ . ~ ~ .M, . ~ ~n~ Date of publication in The Wylie News - April S, 2009 Ordinance No. 2009-10 Southbrook III Annexation _ Exhibit "A" Legal Description LEGAL OESCRIPTION ti11NEREAS, GEE DEVELOP~AENT SEFtVICES, INC., is the owner af a#roct of land situated in the Allen Atterberry Survay. Abstract No. 23, i~ the City af Wyl'~a, Collin Gaunty, Texas and being part of a 8,998 acre tract, as desc~~ted in Vaume 1731, Page 385, in the D~ed Records of Col~n Countr, Texes, . and being mare ~orticuloriy described as foflows~ BEGINNING, at a i2 inch iron rod found at the northeast corner of said 8.99$ acra tract, being in tha south Nne of Tvrin Lokes Subdiv~sion Phnse 1, on addition to the ~ity of '~Vyl€e~ as deacribed in Volume G, Page 561. in the Map Recards af CoIGn County, 7cxos, alsv bei~g tha mast northeriy northwest corner of Southbraok Phase II, an additio~ to the City of WyCe, as d~scribed i~ Volume 20t}6, Pages 56fi-56?, in said Map Records~ 7HENCE, South 00° 1~'O6" Ea$t, alang the west line of said Southbroolc Phase 1!, for a distance af 7'~7.49 feet, to a% inch iron rod found at the so~theast carner af sad 8.998 acre ~ra~t~ ThIEMC~, South 89° 53'37" West, along thv south line of th~ 6.998 dcre tract, pasaing a%Z inc~t irvn rod being the most westerly northwest corne~ of so~d Southbroak i~hnae Q~ alsv being the mvst ~tortherly nortiteast corner of Southbrook Phase t, an addition to the City of Wyd~, as dos+eribed rn Voi~e A, p4ge 987, ~ sdid Map Records, and confinu9ng fo~ a tota! dist~ce of 1048.34 feet, to a~/z inch IfOR fOd PQU~1fJ: TNENlCE, North OQ° 01'S5" West, departing soid south Eine~ for o distonce af 2?8.83 feet, !o a%z ineh ira~ rod found ak the northwest corner of the fi.99$ aare being in the south C~ne of said Twin Lnkes Subavisior~ ~ Phase 1: THENCE, Plarth 90° 00"00" East, along tha north line the fi.9$B acr~ and the south line of said '~wa~ Lak~s Subdivisfan Phuse 1, f~r a dis'kance af 1047.60 feet, to #he P41M7 0~' E3~GINN~NG and contalning 6.G52 acres of land. Ordinance No. 2009-10 Southbrook Ili Annexation NJ 5~'1'JI M ~ ~ I ' ~ ~ I " v ~ t ~ ( / ~i~ /m ~ I ~ I ~ ~ ' ~ ~ ~ ~Ti ~ ~i ~Q~i . ~ ~ I ' I N ( I ~ ~ _ m ~ a~ " - ' ~ I ¢ ~ ; - , ~ . . l- _ _ ~ , ~ ~ x ~ ~ ( ~ ~ . ~ a ~ w i i i I~ ~ . ~ . i i i M ¢ ~~~~~~I ~ r ( • ~ ~ ~~M~~~ f ~ I ~ 0 ~ ~ • R) ~ a ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ / ~ ~ ¦ I I I ' ~ , ~ ~ I--_ - - ~ ~ i i ' ° ~ ' ~ ~ ~ 'I I a ¢ I ~ ~ ~ - - _ _ _ ---1 ~ m i i ~ ~ I ~ . o p~. . i I I ~ ~ ~ - , ~ ~ ~ f . ~ ~ ~ ;j ~ ~ . ~ , ~ 0 1+. . ~o . -t0-'- I N•o•a ~os~ > ~ ~ ~ r~°~, ~i ~ ~ dJ108 ' d i ~ ~ ~ ~ ~ ~ ~ ~ - - - , , ? ~ o'• - ~ I ~ , ~ ~ I ~ ~ , , ~ , ~ ~o ~ ~s ~ , , _ ~ ~ _ _ , / ~ ' • • ~ _ 1 ' ~ ~ I' o , ? y ~ ~ i~~ i . . ~ ~ ~ ~ I M I I ~ ~ ~ ~ ~ n ~ N t-- - - ~ ~ ¢ ~ ---1-- ~ I-----, I i ~'g~ I ( N c•M•o~a ~ ~ ~ ~ ~ - ~AI?JO 000a - ~ ~----i ~ o i i~ ~ ~,s I i ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ , ~ , ~ h~ ~ " - r-~°= ~ , , ~ ~ gN T ~ ~ ~ I ~ ~ ~ ~ ~ , . i~ I I ~~99 6LZ IN~~i?O~Z .OON I I ~ ----I ~ ~ ~ ~---1-_ rdinance No. 200~ 10 ~ ~ • ~ ~ I ~ ~ S~uthbrook III An~exati~ ~ I~ I r~ ~ STATE OF TEXAS § § DEVELOPMENT AGREEMENT COUNTY OF COLLIN § THIS DEVELOPMENT AGREEMENT (the "Agreement") is executed this 28~' day of October, 2008 ("Effective Date"), by and among the CITY OF WYLIE, TEXAS, a municipal corporation existing under the laws of the State of Texas (the "City") and JAMES STEPHEN GEE and STACY LYNN GEE ("Developer"). RECITALS WHEREAS, Developer is the owner and developer of certain real properiy described in Exhibit "A" (the "Property") located in the extraterritorial jurisdiction ("ETJ") of the City of Wylie, Collin County, Texas, and a development known as Southbrook Phase III (the "Development"). WHEREAS, the Parties intend that the Property described in Exhibit "A" attached hereto, which is in the City of Wylie's ETJ, shall be annexed into the City of Wylie as provided by law and by this Agreement. WHEREAS, the Parties desire to obtain the benefits of certainty and predictability that can be provided by a development agreement. WHEREAS, the Parties have the authority to enter into this Agreement including, but not limited to, the authority granted by Section 212.172 of the TEXAS LOCAL GOVERNMENT CODE. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the City, and Developer agree as follows: I ANNEXATION AND DEVELOPMENT l.l Agreement to Annex. Developer agrees to file a petition for annexation of the Property within thirty (30) days after the approval of this agreement. Regardless of the zoning classification affixed to the Property after annexation, the Property shall be developed and permits issued in accordance with this Agreement. 1.2 Development Plan. Development of the Property during the term of this Agreement shall be in accordance with the Develop~nent Plan as depicted in Exhibit "B" and shall serve as the Preliminary Plat. All development ~~plications shall substantially comply with ~ the Final Plat. Ordinance No. 2009-10 Southbrook III Annexation DEVELOPMENT AGREEMENT - Page 1 ~ 1.3 Regulations/Fees Applicable. All regulations pertaining to the development of the Property set forth in this Agreement and all e~chibits hereto (including the Development Plan}, together with the City's development regulations as modified by this Agreement, shall constitute the development standards and conditions applicable to the Property (the "Development Standards"): (A) The development standards of the Single Family-10/24 District contained in the City's Zoning Ordinance shall apply to the Development except as shown on Exhibit "C". The minimum house size shall be 1,957 square feet. (B) City-required development fees shall apply to the Development. II NOTICE Notice. Any notice to be given or to be served upon a pariy hereto in connection with ttus Agreement must be in writing and may be given by certified or registered mail and shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited in the United States mail, and if given otherwise than by certified or registered mail, it shall be deemed to have been given and delivered to and received by the party (or such party's agent or representative) to whom it is addressed. Such notice shall be given to the parties hereto at the address set forth below. Any party hereto may, at any time by giving two (2) days written notice to the other parties, designate any other address in substitution of the foregoing address to which such notice shall be given. If Notice to Developer: Steve Gee 5800 E. Campus Circle Drive Suite 234-A Irving, TX 75063 with a copy to: Arthur J. Anderson Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2199 Ordinance No. 2009-10 Southbrook III Annexation DEVELOPMENT AGREEMENT - Page 2 ~ If Notice to Wylie: Mindy Manson City Manager City of Wylie 2000 State Highway 78 North Wylie, TX 75098 with a copy to: Richazd Abernathy City Attorney Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Blvd. Suite 300 McKinney, Texas 75070 III DEFAULT 3.1 If a party is in default under this Agreement, the nondefaulting party must notify the defaulting party in writing of an alleged failure by the nondefaulting party to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The alleged defaulting party must, within 30 days after receipt of such notice or such longer period of time as may be specified in such notice, either cure such alleged failure or, in a written response, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. 3.2 The nondefaulting party must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the alleged defaulting party. The alleged defaulting party must make available, if requested, any records, documents or other information necessary to make the determination. 3.3 If the nondefaulting party determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the nondefaulting party, or that such failure is excusable, such determination must conclude the investigation. 3.4 [f the nondefaulting party determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the ~ alleged defaulting party in a manner and in accordance with a scheduling reasonably satisfactory to the nondefaulting party, then the nondefaulting party may proceed to mediation. Ordinance No. 2009-10 Southbrook [II Annexation DEVELOPMENT AGREEMENT - Page 3 ~ 3.5 In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described hereinabove, the parties agree to submit the disputed issue to non-binding mediation. The parties must participate in good faith, but in no event must they be obligated to pursue mediation that does not resolve the issue within two days after the mediation is initiated or 14 days after mediation is requested. The parties participating in the mediation must share the costs of the mediation equally. 3.6 In the event of a determination that the defaulting party has committed a material breach of this Agreement that is not resolved in mediation, the nondefaulting party may file suit in a court of competent jurisdiction in Collin County, T'exas, and seek any relief available at law or in equity. IV MISCELLANEOUS 4.1. Assignment of Agreement. This Agreement may be assigned by Developer without the prior written consent of the City. 4.2 Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County, Texas. Exclusive venue shall be in state district court in Collin County, Texas. ~ 4.3 Savings/Severability. In case anyone or more provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.4 Authority. Each of the parties represents and warrants to the other that they have the full power and authority to enter into and fulfill the obligations of this Agreement. 4.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties to this Agreement. 4.6 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 4.7 Counterparts. "This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. 4.8 Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. Ordinance No. 2009-10 Southbrook I[I Annexation DEVELOPMENT AGREEMENT - Page 4 4.9 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 4.10 Time is of the Essence. Time is of the essence in this Agreement. 4.11 Recordation, Releases, and Estoppel. Pursuant to the requirements of Section 212.172( c)( 4) of the Texas Local Government Code, this Agreement, and all amendments to this Agreement, shall be recorded in the deed records of Collin County, Texas. This Agreement shall be binding upon: (1) the Property and, except as provided in this subsection, future owners of all or any portion of the Property ("Successors"); (2) the parties; (3) assignees; and (4) lenders. Notwithstanding the foregoing, however, this Agreement is not binding upon, and shall not constitute any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the Property except for land use and development regulations that apply to specific lots. For purposes of this Agreement: (A) the term "end-buyer" means any owner, developer, tenant, user, or occupant; (B) the term "fully developed and improved lot" means any lot, regazdless of the use, for which a final plat has been approved by the City; and (C) the term "land use and development regulations that apply to specific lots" mean the Development Standazds applied in accordance with this Agreement. A successor is not a party to this Agreement unless this Agreement is amended to add the successor as a party (which amendment shall be signed by the ~ successor). 4.12 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties must promptly execute and file of record, in the Official Public Records of Real Property of Collin County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 4.13 Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and authorized assigns. This Agreement only inures to the benefit of, and may only be enforced by, the parties, assignees, lenders, successors, and the City. No other person or entity is a third-party beneficiary of this Agreement. 4.14 Authority. The City represents and warrants that this Agreement has been approved by the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of ~ Developer has been authorized to do so. Each assignee, lender, or successor who becomes a party to this Agreement represents and warrants that this Agreement has been approved by appropriate action of such assignee, lender, or successor and that the individual executing this Agreement on behalf of such assignee, lender, or successor has been authorized to do so. Ordinance No. 2009-10 DEVE~tOPrlV~ENT AGREEMENT - Page 5 ~ 4.15 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights except as to the enforcement of this Agreement. 4.16 Effective Date. The effective date of this Development Agreement shall be the date on which this Agreement is approved by the City Council of the City. IN WITIVESS WHEREOF, the parties have executed this Agreement as of the date first below written. EXECUTED in duplicate originals this the 28`~ day of October, 2008. CITY OF WYLIE, TEXAS By: Mindy Man City Manager APPROVED AS TO FORM: By: Richard Abernathy, City Attorney EXECUTED in duplicate originals this the Z~~day of /7,~/-~r,~,~t.t , 2008. By: Name: mes Ste he Gee Its: L EXECUTED in duplicate originals this the~ day of Qi~.:r~~*-~ , 2008. By: Name: Stacy L„y n Gee Its: DEVELOPMENT AGREEMENT - Page 6 ~ STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on the ~~day of 2008, b James Ste 6en Gee. ~ Y P . ._~r ~~rr~ [Se~7 NANCY W. FRANSCIWI ~ y ~AR~f PU~IC STATE Oi 1Ef{A1 , :'4` . 1 Z; CO~IIt55:01I EINI~E{: ~ ~JEPTE?dE:ER 5, zo~o Notary blic-- ate Texas STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on the~~day of ~i~.~f~ , 2008, by Stacy Lynn Gee. ~ [Seal] NANCY W. FRANSCMII MatNn?nensr~?~a~tou?t Notary ubl' tat of Texas cor~i~siore~nttt: ~a!j $Ep'rEM~ER S, 2010 ~ Ordinance No. 2009-10 Southbrook III Annexation DEVELOPMENT AGREEMENT - Page 7 ~ STATE OF TEXAS § § COLTNTY OF COLLIN § This instrument was acknowledged before me on the 28`h day of October, 2008, by Mindy Manson, City Manager of City of Wylie, Texas. [Seal] o ar P ic--State of Texas IN~r comnMaion 6~M~, .N,h? is. zao4 ~ ~ Ordinance No. 2009-10 Southbrook III Annexation DEVELOPMENT AGREEMENT - Page 8 a..~. CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: 2009-10 DATE OF ANNEXATION ORDINANCE: March 3' 1, 2009 ACREAGE ANNEXED: 7 acres SURVEY, ABSTRACT & COLJNTY: Allen Atterberry Survey, Abstract No. 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. 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 Ordinance No. 2009-10 Southbrook III Annexation 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 l. 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. Ordinance No. 2009-10 Southbrook I[[ Annexation ~ 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. Ordinance No. 2009-10 Southbrook III Annexation ~ 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 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. ~ Ordinance No. 2009-10 Southbrook III Annexation 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. ~ ~ Ordinance No. 2009-10 Southbrook III Annexation _ ~ T~ ~ iy P } t:xw:~ Filed and Recorded Jfficial Public Records Stacey K.emp: County Clerk Coilin County TEXRS G4I14i2009 U2 50:23 PM $88 00 TKING ~ 20G40414000435530 v z ~ ~ C8~S Media, Inc. ~fje :¢'armergbilCe ~irneg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS ' ~ A ~ STATE OF TEX S COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher 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 City of Wylie - Ordinance No. 2009-10 was published in said newspaper on the following dates, to-wit: Apri18, 2009 ~l Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2009 ~ to certify which witness my hand and seal of office. ~ Notary Pu i n and for The State of Texas My commission expires~ ~~v~ Sania A Duggan '«i4~. ~ My Commisaion Expires t os~nz~zo, 2 ''~.of.;~'•' Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Fazmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-b397 • fax 972-782-7023 4C April 8- 9, 2C O~D~NAN~E ~ NO. 2009-10 AN ORDINANCE ANNE~ING A CERAIN 7 ACRE TRACT OF LAND SITUATED IN THE ALLEN ATTER- BERRY SURVEY, ABSTRACT NO. 23, COLLIN ;CfJUNTY, `TEXAS AND BEING A PART O~' A TRACT Q~ LAND DESCRIBED IN A D~ED TO FRED RONALD MOBBS AND JEAN M O B B S, RECORDED IN VOLUME 1731, PAGE 385 OF THE DEED RECORDS OF COLLIN COUNTY, TEXA5; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PRO- VIDING A SEVER- A B I L I T Y CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Eric Hogue, Mayor ATTEST: ~arote Ehrli6~,,.`. .