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11-06-1986 (Planning & Zoning) Agenda Packet AGENDA SUMMARY PLANNING & ZONING COMMISSION THURSDAY, NOVEMBER 6 , 1986 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF 256.993 ACRES ON WEST SIDE OF CITY - This annexation is made up of several different tracts along W. FM544 and north of that area. It includes property adjacent to what has been known to us as the Ben Young property and several small individual tracts that front on W. FM544 , across from the Steel Industrial Park. This annexation has been initiated by the City. A letter has been mailed to each of the property owners notifying them of the City' s intention. The letter included dates of the public hearings to be held, a copy of the Abstract in which the property is located, a list of the services the City pledges to provide and a blank voluntary annexation petition and a blank zoning petition. These petitions have been included because the letter allows the owners ten (10) days in which - to respond with a voluntary request should they desire. The law does not require these notifications steps be taken; however , the City' s policy is to notify the property owner and allow them an opportunity to respond and/or to ask questions . ITEM NO. 3 - PUBLIC HEARING ON ANNEXATION OF 140 .58 ACRES ON FM 1378 - This annexation is made up of two separate tracts that lie on the west side of FM 1378 and on the north side of Lake Ranch Road. This is another City initiated annexation. The same steps were followed here as described in Item No. 2 . ITEM NO. 4 - PUBLIC HEARING ON ANNEXATION OF 50 ACRES IN THE MUDDY CREEK AREA - This single tract lies in the Muddy Creek area just below the tract known to us as the George Lewis property, which became a part of the Louis Reece property. The same steps have been followed for each of the City initiated annexations included on your agenda this week. ITEM NO. 5 - PUBLIC HEARING ON ANNEXATION OF 65.23 ACRES ON S. BALLARD ST. - This annexation is made up of three tracts, which adjoin West Wind Meadows and front on S. Ballard St. ITEM NO. 6 - PUBLIC HEARING ON ANNEXATION OF 279.028 ACRES ON E. BROWN ST. - This annexation is made up of several tracts along the south side of E. Brown St . and one tract adjoining Rush Creek II . ITEM NO. 7 - PUBLIC HEARING ON ANNEXATION OF 620 .028 ACRES NORTH OF E. SH78 - This annexation is made up of several tracts that lie north of E. SH78 and east of the large tract of which the City Hall property was once a part. These tracts lie primarily north of the St . Louis & Southwestern railroad r .o.w. and adjoin the Federal property annexed into the City during the past year or so. ITEM NO. 8 - RECOMMENDATION ON ORDINANCE REGULATING PRIVATE CLUBS IN THE CITY - This ordinance, as presented to you, is a result of the workshop you conducted on October 16 , 1986 . We feel the items you requested have been included and thus the staff recommends approval . ITEM NO. 9 - PRELIMINARY PLAT FOR 20 .08 ACRES OUT OF DALLAS COUNTY ABSTRACT NO. 381 - This property is located within the ETJ of the City of Wylie just Southeast of Wells Road . This submittal represents a re-submittal of the preliminary plat of the now " infamous Dottie Bateman Development" . This preliminary plat has been cleaned up and does comform with the subdivision requirements within our ETJ , the only thing 1 we may need to discuss is the provision of water and sewer in this subdivision so that everyone is comfortable with the approach they have in mind. AGENDA REGULAR MEET I N® PLANNING & ZONING COMMISSION CITY OF WYLIE, TEXAS THURSDAY, NOVEMBER 6, 1986 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-5 Consider approval of minutes. 2 6-10 Conduct PUBLIC HEARING on the annexation of 256 .993 acres out of the M. Sparks Survey, Collin County Abstract 849 , located along and north of W. FM544 . 3 11-14 Conduct PUBLIC HEARING on the annexation of 140 .58 acres out of the J . Mitchell Survey, Collin County Abstract 589; and the Wm. Patterson Survey, Collin County Abstract 716, located adjacent to and west of FM1378 . 4 15-17 Conduct PUBLIC HEARING on the annexation of 50 acres out of the R. D. Newman Survey, Collin County Abstract 660, located in the south section of the the City' s ETJ and lies between SH78 and S. Ballard. 5 18-20 Conduct PUBLIC HEARING on the annexation of 65.23 acres out of the E. C. Davidson Survey, Collin County Abstract 267 , located along and west of S. Ballard adjacent to West Wind Meadows. 6 21-24 Conduct PUBLIC HEARING on the annexation of 279 .0574 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 located along and south of E. Brown St . 7 25-30 Conduct PUBLIC HEARING on the annexation of 620.028 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 , located north of E. SH78 . 8 31-35 Consider recommendation on ordinance amending Ordinance No. 85-23A regulating premises serving alcoholic beverages. 9 36 Consider approval of Preliminary Plat for 20.08 acres out of Dallas County Abstract No. 382 commonly know as Liberty Grove Estates , located Southeast of Wells Road 10 ADJOURN MINUTES PLANNING & ZONING COMMISSION CALLED MEETING TUESDAY, OCTOBER 7, 1986 the Planning and Zoning Commission for the Lity of Wylie, Texas met in a Called Joint Meeting with the harks and Recreation Board on October 7, 1986 in the Community kuom at 800 Thomas Street. A quorum was present and notice ut Lhe meeting had been posted for the time and in the manner required by law. Those present were: Chairman Kent Crane, Vice-Chairman Brian Chaney, Fred Ouellette, Ken Mauk and Bill Chapman. Ben Scholz was absent. Representing the city staff was Gus H. Pappas, City Manager; Roy Faires, Code Enforcement Officer; and Amanda Maples, Secretary. The meeting was called to order at 7:20 F. M. by Vice- Chairman Curtis Hale of the Parks and Recreation Board. ITEM NO. 1 - CONDUCT WORKSHOP WITH PARKS & RECREATION BOARD RELATIVE TO THE PARKS MASTER PLAN AND THE PARK DEDICATION ORDINANCE - City Manager Gus H. Pappas opened the discussion saying that in meeting with Mr. Don Witt , Superintendent of the Wylie School District , the City and the School District have been working to combine in long range planning whereas the School District and the City would duplicate the use. of land for the purpose of ball fields. The School District in the past has had some concerns in this area because the School District and the City do not always have the same needs. One example of this is a fire station next to an Elementary School . Mr. Witt feels that a fire truck is an attractive nuisance to a small child. Also, an Elementary School does not have the need for a large number of ball fields therefore ball diamonds would serve the City purposes more than those of the School District. the City feels that through long range planning there would be enough Middle Schools and High Schools in the future to satisfy the need for ball fields. The City is working on plans for several different configurations of playing fields that would serve the City's purposes. We will present them to the School District and as they decide what needs the school has, they can see if one of our plans will meet their needs as well . The City would participate in the purchase of the land and the development of the field. The City would install a restroom which it would maintain and would share in the cost of a parking lot. Mr. Pappas went on to say that he felt that a good line of communication had been opened with the School District. Through long range planning , school sites can be designated in undeveloped areas and as developers want to subdivide they can be urged to sell land to the Schools at a reasonable price. In this way long range planning will benefit both the City and the School District. Mr. Don Witt , Superintendent at Schools, addressed the members of the Planning & Zoning Commission and the harks and Recreation Board saying that he had some very productive meetings with Mr. Pappas concerning joint long range planning between the School District and the City. through joint efforts with WSA the District has been able to provide our schools with nice gymnasiams and the School Board wants to continue the practice. Upon visiting with Plano I learned that the City can help the School District obtain property from would be developers if the City knows of a need for a school in that area. He went on to say that if we would pattern ourselves after anyone Plano would be it. In Plano, if the School District needs to purchase 12 acres for a school , and the City needs to purchase 5 acres for a ball field , they jointly purchase property such that the City would purchase 7 acres and the School District would purchase 10 acres. The City would put up a back stop on ii:.s 5 acres and the School District could use it , however they maintain separate deeds to the property. Several months ago the School Board hired a planner to help us locate school sites. He located 4 school sites for us and we have now obtained them. We plan to work with the City on obtaining others. I know that the School Board approves of this concept. We can cut expenses and benifit both the City and the School District. Mrs. Sewell asked if the City would be participating in the newly obtained school sites. Mr. Pappas said that these sites were purchased before initiating this program but if the City can come up with something small enough , maybe something could be worked out. However, this program's benefit would come in the next group of new school sites. We have taken a map from the School District and moved some prospective school sites to larger tracts of land because dedications are more likely to come from large tracts than small ones. If the School Board approves this, we will add it to our land use plan map. Mrs. Sewell asked if the Parks and Recreation Board should consider the new school sites in their planning. Mr. Pappas said that we would be guessing at this point but when everything is worked out we could send some drawings to the School Board and see if something could be worked out. The School Board is planning for either 22 or 28 new schools and there will be lots of opportunity for this program in the future. Chairman Kent Crane stated that. the Planning and Zoning Commission is open to discussion from the School board on zoning issues that would pertain to the schools. We would like to invite representatives from the School hoard to come to our meetings and give us some input. One example of a question that we had was the re-zoning of 2F to PI) around the Middle School . Mayor Pro-Tem Joe Fulgham commented that he was impressed with the planning of the School Board and their sharing them with us. I am very impressed with Plano and would like us to pattern ourselves after them. Plano utilizes their power easements, all parks are along that easement they use it as a parking lot and the ball fields are beside that . 1 would like to see us incorporate something like that into our plan. Chairman Kent Crane said that this document would provide seed money to get our Parks Department off to a good start for the future. Mr. Faires gave the Parks and Recreation Board a brief explanation of the proposed ordinance and its legality in the Supreme Court. Chairman Kent Crane explained that under this ordinance when money or land is dedicated for a park it must benefit the people who will be using the park. Mr. Faires said that is why a Park Master Plan is incorporated into the Ordinance, to show that everything is separate. Page 3 section 3c of the ordinance states that a developer will either dedicate acreage or pay $225. 00 per dwelling unit and page 4 says that we will spend that money within 5 years. Mrs. Sewell asked what we would do for money in 5 years when that money is spent. Mr. Pappas said that when we reached that point we would begin to look at bond issues but this is a good starting point. Mrs. Chapman asked if this would apply to Home Owners Associations. Mr . Pappas said that this ordinance would probably do away with HOA because the dedication would be required to be a public dedication. The only reason someone might want a HUA is for exclusivity. Mrs. Sewell stated that all parks don 't require the same equipment and she would hate to be forced to spend money in 5 years that is not needed. Mr. Pappas explained that the money would be spent thru design, and the parks would be designed to spend the money at build out. Mrs. Chapman asked Mr. Pappas if he had discussed this ordinance with any developers. Mr. Pappas replied that he had not. His comments were based on previous experience. He also stated that the long term, best interest of the City had to be kept in mind. Most developers will feel that parks should be taken care of out of the general fund and from bond issues. Chairman Kent Crane said that the Planning and toning Commission had discussed the issue of fairness. imposing an expense on new commers that old residence would benitit from. We talked about figures from $500. 00 per dwelling unit and arrived at $225. 00 per dwelling unit. We felt that in all fairness bond issues would require the rest of the population to contribute for the parks. Mr. Morgan said that the City of Allen was a good example of a city that is not planning for their parks. ]hose people have to go elsewhere to play sports. Chairman Kent Crane said that on the Planning and Zoning Commission we always try to look beyond today, into the future and try to meet the needs of the City at build out. Mrs. Sewell stated that the fact that we have growth and that we are planning for it should say alot to developers in Wylie. Mr. Pappas said that this years budget had $22,500 alotted for payment of bonds for improvements to the park that we already have. Chairman Kent Crane said that he didn 't want the general fund to back off just because this ordinance would produce another money source. Mr. Pappas said that this ordinance protects that money and the general fund would be used for things that the money generated from this ordinance would not cover. Fred Ouellette said that he found 2 typographical errors in the ordinance: section 3A, the last sentence should read "Non--Payment . " and section 8 should read "published one time. " Mr. Pappas said that school sites were taken out of section 4 of this ordinance and now, considering our plan with the School Board, they should be put back in. Also the harks and Recreation Board should be included in section 4. Mr. Faires stated that we also needed to put back.. ) : IL! i.1 i& ordinance that a government entity would be able to plir Lha e land at the appraised value. Chairman Kent Crane didn ' t feel that this would be fair. he also wanted to check the previous minutes to see if LI uc per acre price should be changed to per unit price. This ended the discussion of the Park Land Dedication Ordinance with the Parks and Recreation Board. Kent Crane, Chairman Planning & Zoning Commission • Respectfully Submitted: _Z -4-"a•ireL__ZtZetak Amanda Maples, Secretary ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas . Said territory hereby annexed being described as follows : Tract 11 consisting of 94 .01 acres; and Tract 10 consisting of 41 .88 acres; and Tract 8-9 consisting of 28 .011 acres; and Tract 39 consisting of 3.5 acres; and Tract 8 consisting of 1 acre; and Tract 40 consisting of 4 .0 acres; and Tract 37 consisting of 1 .599 acres; and Tract 9 consisting of 0.699 acres; and Tract 12 consisting of 44 .9 acres; and Tract 24 consisting of 15.5 acres; and Tract 25 consisting of 15 acres; and Tract 41 consisting of 1.5 acres; and Tract 26 consisting of .57 acres; and Tract 27 consisting of .54 acres; and Tract 28 consisting of .54 acres; and Tract 29 consisting of .53 acres; and Tract 30 consisting of .51 acres; and Tract 31 consisting of .52 acres; Tract 1 consisting of .50 acres; and Tract 32 consisting of .50 acres; and Tract 33 consisting of .49 acres; and Tract 23 consisting of .694 acres for a total of 256 .993 acres out of the M. Sparks Survey, Collin County Abstract 849; together with all the railroad right-of-way owned by the St. Louis & Southwestern Railway Co. contained in the M. Sparks Survey, Collin County Abstract 849 . SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction , such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall 7 not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY g to v.l AO n er Y 1 'AdA01110 oeini►v• nnn. • , INE01• - - i•- w oti, i eli.r . w1•t �E S ,✓ fv • aI•c t a•a N 3 O1'' M+rsf,•e WIntf►r9 183MH.ilipg gd1O7 18 :off wo`r si ul-ift wfl wfy . ••DV 11O .97 . . Q Vora're IO!'fll Iif•Q1l I!L•tt# : . .. . .. • . • •tfiit^ M/ wIwa •L1L*MVM1f wl+v$ ?Weip/M /0,101Int to oa to ewe +vl • Mt-t. I ' • • N#MN/7 . • • *lest ea »fh 'lt Vr es 'oh • vawie/irv9 Lf wow oth-)A1 fee..I4* • a p�vc7►* l AYf It Aith//'it' etr1All 'f1W t LAM N I*t/ NM.71M4.P oi't!M►i 4wagmt ,11fgrvi A lr uv t of s, ,laal.j •V•vliiiwv7'w At ML..ve t y7HS? it ILawJ '7 Cp?NAM it • • *yaw. A.warl •tZ at `Z 0Z • . t..avM OfVoaw n tow• 1w ji119 •w f: -Mkt 1fIM, 7fvf I. 01 A Pen tPM 1aILMI ( •'J•V/A•DT :1V SZ ' 'O/ NaaV iii-socz �►7st►,. 796=V H�Nvb 3HV'1 zliiapniivf►w ry•� ' . 13NNf10 'M•'0 • 'lt • ' • • WO, thl-•*rh AM9irw?mow •01') . 01 . • • • ,v►t aMIMA7Mw+,111.70 ' "V ile•h1I • • • g t - t�+. . •• . • .• \...... . f 'AU Vrita►f+'vw •• • �1.t.4 .1 • . . • . . . .. . .. . • .. • • • '11,);IQ., MITCHEL!. PURVEY WK.PATTFiSPN StiRVE` .A-43.80 . . Ar7.1 6 • . • • - 2 , - 11 . . . • . lz; . r • • . .. .. . • • •. • . . . _ . , • •• • • . , : , .. . ... • . • . . . , LAKE RANCH. • PIM fAifilitio/b, 71 1, . . . 1044..4*41 .4DPNA . . . , . . • .. 4V./As . . . ... I - . Am.daAPiEs-s. i i T. • I 013.0) . . 14.o.si At. ' Osositimghqi wilLier 1111•4 • • • 1 8 c.4., wwis wit.6m f . pie-siii . vow --1. • 17, .m. LAKE RANCH . . W. GUNNELL SURVEY ./ nfilmvc V/TZ G Z00.5—7// ADDN r A—..35 I ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of // the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 4 consisting of 37.13 acres out of the J. Mitchell Survey, Collin County Abstract 589; and Tract 29 out of the Wm. Patterson Survey, Collin County Abstract 716 for a total of 140.58 acres. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY /co? • fti Dow,poo' flcryfill •441•49p ' ircl1At. \'1 J,$ Pt g 10,44 i 471-17$ e ? . 10t • • ` i'•• . 2No"4w • '"` • WM. PATTERSON SURVEY If. A-7 1 e , . NI 108E41' TN✓RM•Io . ,biY-7f4 l0Bhl V. • TN✓QANAO r bi'i rAo • ,11174'07 r-esp ta•&IAc 8 Rtaiffe'r TM✓R r4.0040 I a i.-r CA W/NAI 'LW'At to.94-.77/ • • ?104-76e • • • • SURVEY r LAKE RANCH O. GUNNELL SURVEY M� SPARKS AOON. A AT849 ,-851 100 WYLIE ISO ' ''" " $ ` ' f 1`1'' 1IVT 1119 ,k 4i it t f ►�� ti ;,t� .., , • SURVEY 27-9. • ti C A.J.DAvc.MLLrl 99ac • .CR eva 29 CHAS. ATTERBERRY SU A-22 , 7' h/INN zoo4-766 2C04-77/ /03.454.C... 1 LAKE RANCH ADDN. RVEY G. W. GUNNELL SURVEY t A-351 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 19 consisting of 50 acres out of the R. D. Newman Survey, Collin County Abstract 660 . SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY V z 4142.4c. \ • 5 . L.) I li '. 198 , omR II. MINYAN\ . • 4411 AO . ' - _yrn.s_arr our!' , _ • . . , 31 15. ...f a 0.. (' ; 17 • . . . , / ../..\•/..\ ') • . . ..L i 0: (... • . . ,.. . , . . . • ,• . ‘..—Z •......,-) • .• . . . .... .. - . . . 1 ' ) v......-t t,....a•KAse,,,.. • E.R k•,.. 44 AC . , • ...N..4`.?,13-3°11 AL KITTNER '7.66.034 AC ‘ ; • • ••'1 ...", ta. ,.-4:::I.e‘sr''. "2 • 65.197 AC. ' :-0%3-3o9. . . '...., ''..' • ..V.,:fao,14;:Ac,4 ' • ' . . . \ . . . • • • • •, • ':'' 4...01.3 •-•..461 • .,', . " : : 8 3-oh r$Sors— .\ : .. C.4 e...1 \ . .• • c 0 . .. . $ . f.---'. • . •. " .. . . . s . . . 0 r..\. .. • , ' ' - . . C.... ) • . • . . • . . • • ?I . . N . 21 (.........-- . • , . . . . . , . . • N . , --- • 1.9 . , • • . . . . , • d . . , . • • ' • •, DAVID M: SHEARER. , ' . DAVID M. SHEARER .' , . •' 117- AC . . 4 , . • 6 • . . . . . ., • .. . . .. .4br if:. .. WYLIE ISD . . • .COLLIN COUNTY . , • . .• • ' • DALLAS C•UNTY c6 • •.. . . , . . . 20- 0.6%...c. II. MORRIS M. PATTINION 1 AC . U.OLION W. DAS . .• ' • 1A0 Is,JAIMIII D.ANOVIIION IS.INT ONTIIIPN111111 INC. . ,.• " • *WO 11.016 AO 111.;;44.*"1.Cott,ki;tWip rtiv.. /1.34,4t, O.MONTT .I.4008411 . A00 I if AO.00118.1.1114111.11 LVONIOANT4 INC. I AO as.AL KOMI%TIMM=1151-5o0 0.0011 AO . . : . a 11.i pmaI., , !„ IQ 1 11 0 • I i to tolimp I Hi ! 1 OH., i Aft 40 AI 011111011,111141110 MI CIO 0 Oil AO 1 l' ' 1111 . 1111 1 1 ti 1 il d [ 1l 1 i i i :I d 11i111111 iiill I 11 [Uhl i • • i 11 1 ' I ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon's Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of /1 the City, and shall be bound by the ordinances, acts , resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 39 consisting of 14.41 acres; and Tract 9 consisting of 10.20 acres; and Tract 8-9 consisting of 39.62 acres; and Tract 8 consisting of 1 acre for a total of 65.23 acres out of the E. C. Davidson Survey, Collin County Abstract 267. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: City Attorney / 9 • ..(:::•'' 1 l' .`'n ... •i.r., .,' ret;., �{ 1 , ., '' ,• • • ri4 w • •,,,• ', '' '• . � ' q w°'44 i � YY 4 a�E po s:• �r� 'iY�Y.t/^�R��.//M��►Qows i I , . ••"f T • (:;� J . 1 11.1.'ii'IA144:0 .1 1.A1.47 • G0& 1&.4'1 At, , •. , 48 t 4 11.►. Mplttlutrs.,ee f N'kN c°'1. ,' *7' •• p�, • As'A M�1cn1..P.ZjH:w'a11 412.3,sK Av R',r•; , ,a 1. •, .>1 •w,+i.r .� ,...". 1 yy 1 ? is L015', 'liRIS, •�1' M�+• , a • , • v .. 1 t ,zo.o. I.e.; '''�.. C.A R11,1S•• CWsY • 14 •►;10RA,;' MJPi••14,Oct ,; • .1 4. i• r,, ••. •. { '. • w�r.at.. Co.; �1 1.• �•, • . 14 • rPRA' r M0410,AJ•..41 k• • •+ ' ►• •• 3 a. T LARR'r..$AI�i;�'t�1N.�1l����1 ;S0 'it.,, I • 6 4/ 7 It.,S. JOyN, ', r ,• ' l0 KKtd%V 1► ., ,�4 " + " r :4 ' w fA. �ARK'1 4' ' Koi%.A, -•'µ1Aftit.J0►•114 1• 4 Z;. GITY .COIJTIRK. IR'�', , 3.�5 •'AG. r .11.' N f.5106A1.I J. 1 w! • yl, VIRi�lA111 ORrl4, 'K Ate' 1 : , Y ' N63'1 ••'19•S ., .jfj 11i1.IRY• �•1AIR.'f1A1fZ•,`.!'l• '4G:,'�' , r .� .T� ,�;1 1' 430. w.. '' ,ado': ec•'/8. '��e4*.ltY�'•ym .. •*2 *1;111►'-'Is!•,.¢6 '�_, .r , , , '• , PI••1Q..A+✓� •. '+t `•F. ' •?' �'i •': .<� t o ITV• r :LIMIT ,•• �, :I �i:. S�//�s�ay'Ird1s 51 �1 ▪ ' i+ J . t . ' . A} . •W�ft.1R •$Q."1.31•• AG.. • : ` :, 't .i:,. ,4i▪ 7', .. .. .33 't4:Aew%1- ENTIALPwsas, 10:•. • ' •: 4 • tY•%'NFU f1A►RZ4 d02. 'AC.. • �SA, ` ' a � < I. Xe Sw Y J • ` •� •+ ; qp . (.1Ea1tY`M/�ttNi> � s6 Ao: • , I' , R : It • t D A. OuO.AS SURVEY.' ' ' + • ,41 •fi1R*4 P4: 1141 . e•• 11i, er•a•1a4-S10,b14.1 tie,. 1 . .ti $uverA. , . : A-222; • 4 • crr,to 414;4.�••Aa.' ' : . r f Q • + .I ` ' 91' • %7rq' /i.,v►/•/ 1rl4 C..'v' il. • ,'4$ +; . f{3• HCW INC. NM K CaroniN4/YNof Vi.1- 4/,.I 0 • +1,I 09; A C i i , • �..• :.•-�.•:.•.... . 'il••I•.4 s I.',..� • •,� a• • .{ "' t;4 •.•'$4.` / '.''\h•►.'I;.•y j00!•:vit T O yN i•.�.. .1Nf• ', • f iiitig jail 4 1'f,10 4 • tf 1�\ '� , ' •• ':• , ' .•► �•+ •'71'IP' t •2,...•tir Li.:�+.�i.. ''. .a.�.''•..J-Li . 1 e i.' ' t'.' 11• f�� '�" y,.1 APPRAISAL• DISTRICT r ,. v , A88TRACT i7` r' sti •, •• �J.. ; CIi . • - t..Y•,''•'' SCALE i..I' . 400' ' • •' " RVEY,:' ��.. �y l ,:w.:, ••;. •,' P COL'L•IN COUNTY 1•{I�• rz/ues.,�,� •fYH� .v �� t , • :n�ye, r�it S7,.•rt• 'L 4 t ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows : Tract 110 consisting of 39 .954 access; and Tract 112 consisting of 35 .8 acres; and Tract 100 consisting of 25 .5134 acres; and Tract 111 consisting of 34 .950 acres; and Tract 124-9 consisting of 140.840 acres; and Tract 124 consisting of 1.0 acres; and Tracct 140 consisting of 1.0 acres; all out of the Francisco de la Pina Survey, Collin County Abstract 688 totaling 279.0574 acres. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: APPROVED AS TO FORM MAYOR CITY ATTORNEY ATTEST: CITY SECRETARY 01 • )ri3'al )VJC. •7oBLi0 9(1 -7(9 /-/Af, /-,1411, 1 c2lt0(1 kv Ls-r Ntiot-1S 961 /r,,,•v,,. mor J w•/•,,s+ Om•y 7P5$6'7 S"V u.. 1by 7 co f• OOOM�AM '7 ,rtl 9,,,:.•,,'-. '.,j4, 90l 'NOON JIlS08 7•S•• I n,•va 7,4wvf Jo, Jr( •I• t, Ltvii/li lyre., tot 66 - ,►/(' AOOny A)rVo Ji, a11AMA117 L6 •1 000M1AM • gilt � 9 133NS 1'r,r 74 61 Y ,L 7V bCiS S2El Soros N� •a 'Isis,. sefi1YASa Aa7Y0 HMI L. s,r4411 r+rvv�t MaarJMS/,y of d•bet IIIH ;, •r-cr• II. OOt101 "'"'"' 21 tv!NObV HISS' flat •a •; f°l If . A. L- -• I •MCOv A7rLlle!• P/ ./ •eot avbalivd ,5 D7tbss Ws- pp .enj L '9WYC YiWAlax •NOON ►fS{ 0 t • fMrO ,,f/ ,Ir1aJ 1 , , I. 'NOOr ftLrO• O t t E f f1Y0 ••t •••r•••• •r w 711/C.1 /PLOW •••1H 0 � �' Ztt ILO1 "Ot 0 Ot • • �z zaa nr t 133NS L Y re . x ... „/ S. .11. ...1 ` .. . •0. I f i Ip � II �� � . . , I , ! � ' i• IjI III 1 _ :,It 1 i;,.,c ....__ • pto Rwr14, . ''�� 111 24"a - , 169 MEADOW 174 . • • Him?. w�N.ESTATES' PIA( • gPurl SLR S •..'. MEADOW NEIONTe IOTA 6``�_r, IA. elK A 187 1 203 v 6.t. AAt r/MEA 0 33S3BA►C• A.4MArt E. 0A641 CM IIJonN Wll.a/i kAg/M/A ,YYV-417 - I�1.tt AI 1Z4 !AL 3i 189 NM • 188 :ii ...L•s)a • 173 fyt • AANIY*lingo 172 MAf•Mtl • 1.1VAa .. VA PT. lea-1 188 carol rAA.s• 1 40 a/Aal (A/lHM .,I,.l At 11 IA• sa lAA 141 198 1163 • 171 120 • •185-9 165 fK A./ PA f.Af 1 JANK IsiNMiWrA r.aa"Aa I. AVOaf i' III�C .o,.)A. A Mai At O,V-R/a • • 149 "'"' _ • ' 202 y IA MAN 1pwIA 176 3 tJt6-e' 1 24- ,i.14JA3 at ,. /AL'^ 14A 1 J"" DAv10 WALOeW A.N.0 N• NEALp' ILLS•(I'I JAN11 IC#NNMWEt /1 N; IIVr-Olt •1.10 4G I ♦.fir AS N 122 II.OI(At 14 �a.Aw w. ►AlrniA �' 128 JAq,f SIN N•WIA I) NIAAA. AIAVAMI• I1.fOA• 71 /d• (123 12 - f.l Ac• YL As 1 1/A6T 127-9. tile 00,t NA..a. 151, 153 169 1 .- 14•3 144-9 IPA At AII. AV). Ap ' r14 V. %. 130 . 32 aMAfylr..WVAr 162 I..,I, :A Mr IA" KM•tY to* ,N,-ct • • 1.2,Aa a 182 178 cN�/ bMAAX9. 1.0LfA• • /► V iEl11Ac .1.Mu 198 ]78 184 183, 17; 1$7 Mu./r•A,. 18Q 1 a f.{AAa Mtn At 44 c.A•at• rA.1•..•M Ht1r1V iAa AAaa OI/h 0Av iD WAa OEM /e...'"' toil A, • AAAE 1 H ••••~., iw1 y ',AMIE V C. • MAIN 150 R.t. .-, Y 142 1.411. A. 188 205 . ..LttA ""-1/, "' WY-1AR 12•., ■ = Y 10.01M AA .• L, ANY' wKa.APJ it = a e• • w 6/a..a✓ 1 d =C a /AL T 9 :IT F' V vs w[ L I l Aa •..vKwa 18C 138 138 133 LANAI Y�� V; ;, i .0 158 2 :I i• A " i f.rfAc . j • A _ .� N AUMr AlliffAIV (A. II _ WMII O.L1Aa ln, lA •d 1.I,Ma/ + 'e 2 ,� ,.•fs.t 136�137 v .sA , : T— •181 j 164 .- wPitt .- Jl85 I EE .MAnff i PAta•Av l.,/Ali /.T/ - I f = VAI U I'1./I. La•lAa f: . t • / • • ' J.G. ROUETT SURVEY AARON WEST SURVEY A-979 11,- ceR2`/rrioa isr-ss I. 33Ae 157 le..alNicnI 0. 5ATE5 00/0-75/ /5;IC:•• A-476 III W.V.WWIAIR16N• 0.13 AC /l1 (MARLEI DASO'Pr I71%•reL I.C41,4Ae. IL) fagot,' 1a AIARL AV .If Ad IlV •W.%rI. t y.,,_te..t1. .IOD)-M I %.00aC Ill ..AI D Ao/l.ui .tt Af II AIANJE JOMEf WI-1,1/At ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas , and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 14-9 consisting of 73.986 acres; and Tract 14 consisting of 1 acre; and Tract 74 consisting of 49.61 acres; and Tract 15 consiting of 7.4 acres; and Tract 85 consisting of 6.161 acres; and Tract 87 consisting of 2.07 acres; and Tract 88 consisting of 22.904 acres; and Tract 72 consisting of 49.89 acres; and Tract 84 consisting of 5.5 acres; and Tract 29 consisting of 36.498 acres; and Tract 75 consisiting of 11.599 acres; and Tract 31-9 consisting of 318 .74 acres; and Tract 31 consisting of 1 acre; and 34 .47 acres of railroad right-of-way owned by the St. Louis & Southwestern Railway Co. for a total of 620.028 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 . SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY �7 11if' T eo a 1. 1 nn , ,�r\ A I I co.0 of 1 1 o • ,�206IIIFYAIIIrAIIMIIIIIIIIIMMIIIIIIIIIa 1._ .,,a.•a.. 14-9• t. w .1208 .».,.t:::in I. ill GLAD ; 20T.riii " 4% • U I20.1 ,..4 k.!�" USA Aft" 1.. sr....1206 120G s...a Poo /'7iasov0 ' 198*.g.....r. 4.0044 4 2,a i,�I1-/a i 23 .Ivr~•.-i„a 198 ` Ze.s39 Ac. t 74 • ' , z..• I197P �..r sAr /oH..• WI z' AAA 1 A.AsA.a/ F- l9S.77 C) s i .- 71.7s Ac �.....714 MAt y At. cro .", 1- t CC 1�AC w�•1s� N a j } ;, c11r . rowv O.oR., Luc.,ET,AL, �� gt.14 A. ' 0>. i{ ,1fr-tit" t I. SHEET 2 aD 1:• y6.11.. A ir : in Z V C ` CC as. 4C J • J0 v+YLIc. CITY .J.. 89�9 88. 75 cc TCXAS U77L.I 7ffJ A .AttV PhaIAT (_' GI-OW K/G Co. Z • M IIAOAt La8 9. G 84-364 U L.L:..AEEL 22. 104AC. IAa )ascAc . Tye st�aN III . .. 85 N►.... ii ytA. NWE :�/.f 0001111 EYE gC.LOOS Sp• .tuf.,t 10outoof 7y CC la91 /oafs rilA/ M.wIL,IA. MA T44 t CC 0.4 f'Rlt r 8 1 p�.784�i RR qq M Y E 1 o y t i O. rip ...,,A.; rt • 0 29 i.. N.A. ALQXAiD1! 4 1WGRt* � w Xrr•. ' < '' • 7�1,fyAc U AIRY A. /twltRY 9Yv-lv! o 4444 1i.i7A� 't 11 �' • 'a• yK'. T2 50 IS At / Q F- Ai' A.o.11oYO . S.F. aR. N_ �.. o �pv ¢U T1%lgear G VpJ Mewl fwrC co, dJ �,lr».«P�oa S�. SHEET;3 <� 'e 110P!r I7•YYAc 0 P. Q U �' Nowl low, co. CC 9 9).1f Ac Z 9 w � U • I • - SHTB � 10Q. A2 86, 83, 84' 81 68 190 191 193; ` WYUE RANCH EAST • \ M FIBit nII I,�li I,1 11 �� ( I�• �� N(fri 1.;;Pillii v L. B. HILL SURVEY I • JNO. CAMPBELL SURVEY A-433 1111T1‘111\ A-239 32 c.0. N LAVON RANCHETTES o.veA lAC W E so s��RN Pti'- S moos sl 0•se 31-9 IA . a WM. C. TWITTti /I�fxANosR . r1AcrER A-918 ' 3e8.�yAc -.- • 10146 I 1g Mt[ cf .y 'Atoll g 1y ;AMli 33 wNJ rlAflli yy ►Af /R �.n At sic 33-9 ,., AAt[tall .f-WI* 34-9 EsA- t , • 34 el /A C 3B �r:r� 37' aM[ALl tMgRM AV 1 ORDINANCE NO. BEING AN ORDIANNCE AMENDING ORDINANCE #81-5 AS AMENDED BY ORDINANCE #85-23A BY ADDING THERETO A NEW SECTION ENTITLED "SPECIAL REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES". CONTAINING A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: The City of Wylie, Texas presently has no criteria to control the density or locations of private clubs serving alcoholic beverages and: WHEREAS: The City Council of the City of Wylie, Texas has determined that such controls are necessary to protect the health, safety and welfare of it' s citizens therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: That Ordinance #81-5 as amended by Ordinance #85-23A is hereby amended by the addition in Section 22 "Specific Use Permits" a new Section 22A "Special Regulations for Premises Serving Alcoholic Beverages" to read as follows: SECTION 22A SPECIAL REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES; 1 : General Policy Provisions In order to protect the general health, well being and welfare of the citizens of Wylie, Texas, the City Council of the City of Wylie declares it to be ,the policy of the City that private clubs for the consumption of alcoholic beverages shall not be permitted within the City of Wylie without such establishment having first secured a special use permit approved by the City Council under the terms and regulations of this Ordinance. Consideration of an application for such special use permits by the City Council shall follow a recommendation by the Planning and Zoning Commission and payment of a two hundred fifty ($250. 00) application fee. 2: Location of Such Establishments 2. 1 Service and consumption of alcoholic beverages in a Planned Development (PD) may be allowed subject to inclusion in and approval of the PD regulations by the City Council. Such PD regulations shall control to the exclusion of this Ordinance other than compliance with the provisions of the Texas Liquor Control Act. 2. 2 Establishments seeking to qualify under this Ordinance, except those in a PD, must be located in a area zoned "Retail, B-1, B-2 or Industrial" as those terms are defined in the comprehensive zoning ordinance of this City, and such premises shall not be located within one thousand (1000' ) of the property line of any church, public or parochial school, hospital, extended care facility, or public park nor shall such premises be permitted within three hundred (300' ) of any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF". The distances shall be measured from the front door of the premises to the nearest property line of a church, shcool, hospital, extended care facility, or public park, or residential zoned area. 2. 3 Any restaurant in operation at the date of passage of this Ordinance located in "R", "B-1", "B-2" or "I " zone which otherwise qualifies under all other operational requirements of this Ordinance may receive a special use permit if application is made within one year of the date of passage of this Ordinance. 2. 4 Establishments for the sale or consumption of alcoholic beverages shall be located within an area containing 10 acres or' more in size and zoned "R", "B-i", "B-2" or " I" and/or any contiguous combination of these zoning districts. Said area, need not be under single ownership and areas separated by a minor or secondary street are to be considered contiguous for determination of the acreage requirement. Where areas are separated by a thoroughfare, existing or proposed, they shall be considered separate areas for determining acreage requirements as set forth in this Ordinance. 2. 5 Exemptions: Golf or Country Clubs and nationally recognized social or fraternal organizations are exempt from the acreage and food sales provisions of this section. 3: Operational Regulations 3. 1 Not less that seventy percent (70%) of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. Food service shall be available at any time alcoholic beverages are being served. The service of alcoholic beverages without food is prohibited in dining areas and is restricted to a bar or lounge area as described in this Ordinance. The holder of such permit shall provide audits at its expense as more fully set forth in this Ordinance. 3. 2 Such establishments shall contain a minimum of one hundred fifty (150) dining seats, allowing a minimum of twelve (12) square feet of dining area per dining chair; calculation of the square feet of dining area to exclude kitchen and storage areas, bar and lounge areas, and cashier and reception areas. 3. 3 Such establishment shall comply with all of the provisions of the Texas Liquor Control Act and receive a private club permit from the State of Texas within six (6) months from the date of issuance of the special use permit by the City, each such limitation in time being subject to extension by the City Council. 3. 4 The City Council may revoke a special use permit upon the finding that any of the operational requirements imposed at the time of granting the permit are not met or thereafter cease to exist. Said special use permit shall be subject to review based on recommendation from the Police Department that the public safety has been or is being jeopardized. The City Manager or his designated representative and Chief of Police are specifically authorized to receive, accept, and investigate complaints from any source. 3. 5 A private club with a bar or lounge area shall be designed so that patrons can enter only from an area within the primary use, e. g. the dining or reception area of a restaurant, hotel or motel. Emergency exits direct to the outside are permitted. 3. 6 Gaming devices, such as billard (pool) tables, pinball machines and other coin operated electrical machines shall not be allowed on such premises. �oS 3. 7 No signs advertising the sale of alcoholic beverages shall be permitted other than those authorized under the Liquor Control Act of the State of Texas and the city sign ordinance. 4: Audit Reguirements 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall select and engage a Certified Public Accounting firm to conduct an annual audit of the operations of such Private Club during such period. The year upon which such audit shall be conducted shall begin January 1, and end December 31. The purpose of this audit shall be to determine whether or not the permittee has complied with the gross receipt requirements of Section 3. 1. The audit shall clearly reflect (1) the total gross receipts of the permittee for the audit year from all operations on the premises for which the Special Use Permit for a Private Club is issued; (2) the percentage of such gross receipts derived from the sale of food; and (3) the percentage of such gross receipts derived from the sale of alcoholic beverages. 4. 2 The audit shall indicate whether or not further inquiry should be made by the City of Wylie into the permittee' s operations to determine whether all other requirements for the operation of a Private Club were satisfied during the audit year. 4. 3 The audit shall be completed and a copy furnished to the City Council through the City Manager' s office not later than April 1st of the year following the audit year. The audit shall be performed and a copy furnished to the City Manager at the sole expense of the permittee. 4. 4 If not received by April 1st, the City Council shall have the right to select and engage a Certified Public Accountant firm to perform the audit described herein. The permittee shall reimburse the City of Wylie for all expenses incurred in obtaining this audit. 5: Public Hearing In the event of apparent non-compliance as determined by the City Manager or his designated representative, a public hearing may be scheduled for a future City Council meeting, for the purpose of determining such compliance or non- compliance of the permittee for the audit year with the requirements of this Ordinance for the operation of a Private Club. The permittee shall be given at least ten (10) days written notice of the date, time, and place of the public hearing. A Special Use Permit shall remain in full force and effect pending such public hearing. 6: Remedies for Non-Compliance 6. 1 At such public hearing, the permittee may appear in person, or by attorney or representative, and shall further have the right to cross-examine witnesses, and to offer such evidence and testimony as he desires with regard to compliance or non-compliance as described above. Upon hearing all evidence with regard to the matter, the City Council shall enter an order finding compliance or non- compliance on the part of the permittee. If the order finds compliance, the matter shall be concluded for that audit year. 6. 2 If the order finds non-compliance for the audit year, the City Council shall further provide for one of the following actions: A. ) Immediate suspension of the permittee' s operation of the Private Club on the premises; and immediate implementation of procedures to revoke and delete the Special Use Permit for a Private Club designation from the zoning of the permittee' s property; or B. ) Establishment of a six-month period of probation during which the permittee may continue operations under its Special Use Pemit for a Private Club. The purpose of this probationary period is to allow the permittee to come into compliance with the requirements which were found to be non- compliant as a result of the public hearing. 6. 3 At the end of the probationary period, if same is ordered. an additional audit shall be performed at permittee' s expense. The auditor shall be selected and engaged by the City Council. The purpose of the audit shall be to determine compliance or non-compliance of the permittee during the entire probationary perid with all requirements of this Ordinance. 6. 4 Upon completion of such audit, the original copy shall be furnished to the City Council, with a copy to the permittee. Upon receipt by the City of Wylie of an audit of a permittee' s probationary period, the matter shall be scheduled for consideration at City Council meeting. Written notice shall be given to the permittee. The permittee, his representative or attorney, shall have the right to appear at such meeting and to present any testimony or evidence regarding compliance or non-compliance with the Ordinance, or even the results of the audit, as may be desired. Upon hearing of all evidence and testimony, the City Council shall enter an order finding compliance or non- compliance with requirements of this Ordinance. If the order finds compliance, the probations' perid - . - 1 be ended, and permittee' s operations under the ' Use Permit may be continued. If the order finds non-compliance, the permittee shall immediately cease the operation of the Private Club on the premises. Procedures shall immediately be implemented on behalf of the City of Wylie to revoke and delete the Special Use Permit for a Private Club designation from the zoning for the permittee' s property. 6. 5 A11 specific use permits granted under the provisions of this section shall expire December 31st of the year issued and may be renewed annually by payment of a two hundred ($200. 00) dollar renewal fee provided that all sections of this ordinance have been complied with. 6. 6 All specific use permits approved in accordance with the provisions of this Section shall only be issued to the applicant whose name appears on the application and shall be valid only as long as the said applicant owns the private club. Upon notification that an existing private club has ceased or will cease operations, a public hearing may be initiated by the City Council to consider rescinding the specific use permit which had been approved for that private club. Any cessation of the use granted by the specific use permit for a period longer than 180 days shall require the owner to reapply for said permit. 6. 7 A Special Use Permit for the operation of a Private Club shall not be issued for a period of one year for an establishment which has had Special Use Permit revoked pursant to Section 3 or Section 4 of this Ordinance. 7: Severability Clause It is intended by the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. 8: Penalty It shall be unlawful for any person, firm or corporation to operate a Private Club for the sale or dispensing of alcoholic beverages without first having secured a Special Use Permit from the City Council of the City of Wylie. Operation of a Private Club without first securing a Special Use Permit shall be deemed a misdemeanor and any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. 9: Publication and Effective Date The Caption of this Ordinance shall be published one time in a newspaper having general circulation in the City of Wylie, Texas, and shall be effective immediately after its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1986. Joe Fulgham, Mayor Pro-Tem ATTEST: Carolyn Jones, City Secretary • CITY OF WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 c-re, Lk., z /? et DATE Mr. Gus Pappas City Manager City Hall Wylie, Texas 75098 Attention: Barbara Le Cocq, Administrative Assistant RE: L, 5 * rv- Gkcs 7'A7-Ocs CeFr..r.) Dear Mr. Pappas: The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. 54 Preliminary plat to Planning and Zoning tEL Preliminary plat to City Council El Final plat to Planning and Zoning Q Final plat to City Council aConstruction plans to City Council for construction approval only 0 Final plat to City Council for subdivision acceptance along with final inspection statement Sincerely, I. W. Santry, Jr. , F. E. City Engineer IWSiam cc: Public Works Director Code Enf or'ement Officer Subdivision File Chronological File �^