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11-12-1985 (City Council) Agenda Packet 7 2 1)(C4 -1) l j AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY , NOVEMBER 12 , 1985 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINES COUNCIL BUSINESS 1 1-16 Consider approval of minutes . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 2 17-24 Conduct PUBLIC HEARING on the franchise request from Farmer ' s Electric Cooperative , Inc . of Greenville , Texas . 3 25-30 Consider approval of franchise ordinance for Farmer ' s Electric Cooperative , Inc . 4 31-33 Consider approval of annexation ordinance for 11 . 265 acres out of the W. D. Barnett Survey , Abstract No . 56 . Located on FM1378 north of the Birmingham Farms . 5 34-37 Conduct PUBLIC HEARING on the petition for multi-family zoning for 11 . 265 acres out of the W. D . Barnett Survey , Abstract 456 . 6 38-40 Consider approval of zoning ordinance for 11 . 265 acres out of the W. D . Barnett Survey , Abstract 456 . 7 41-45 Consider approval of annexation ordinance for 3 acres out of the E . C . Davidson Survey , Abstract 266 - located on FM3412 . 8 46-49 Conduct PUBLIC HEARING on the request for agricultural zoning on 3 acres out of the E. C. Davidson Survey , Abstract 4266 - located on FM3412 . 9 50-54 Consider approval of zoning ordinance for 3 acres out of the E . C . Davidson Survey , Abstract 4266 . 10 55-59 Consider approval of annexation ordinance for 2 . 97 acres out of the E . C . Davidson Survey , Abstract 4266 - located on FM3412 . 11 60-63 Conduct PUBLIC HEARING on the petition for agricultural zoning of 2 .97 acres out of the E. C . Davidson Survey , Abstract 4266 - located on FM3412 . 1 12 64-68 Consider approval of zoning ordinance for 2 .97 acres out of the E.C.Davidson Survey , Abstract 4266 . 13 69-72 Consider approval of annexation ordinance for 45 . 182 acres out of the D . W. Williams Survey , Abstract 4980 and A. Atterbury Survey , Abstract 423 located on Elm Road east of the intersection of S . Ballard St . and Elm Road . 14 73-75 Conduct PUBLIC HEARING on the petition for SF-3 ( single family ) , MF (multi-family) and B-2 (business) zoning for 45 . 182 acres out of the D. W. Williams Survey , Abstract 4980 and the A. Atterbury Survey , Abstract 423 located on Elm Road . 15 76-79 Consider approval of zoning ordinance for 45 . 182 acres out of the D. W. Williams Survey , Abstract 4980 and the A. Atterbury Survey Abstract 423. 16 80-84 Conduct FINAL PUBLIC HEARING on the annexation of 50 acres of the Duke Strickland Survey , Abstract 4841 - located west of the railroad tracks across SH78 from Century Business Park. 17 85-89 Conduct FINAL PUBLIC HEARING on the annexation of 7 . 136 acres out of the Francisco de la Pina Survey , Abstract 4688 located on East SH78 - site of the proposed Municipal Complex . 18 90-95 Consider approval of annexation ordinance for 124 . 631 acres out of the M. Sparks Survey , Abstract 4849 located on the north side of West FM544 . 19 96-100 Consider approval of annexation ordinance for 83. 28 acres and 106. 53 acres out of the Wm. Sachse Survey , Abstract 835 - located on the south side of W. FM544 . 20 101-105 Consider approval of annexation ordinance for 95 .49 acres out of the Duke Strickland Survey , Abstract 4541 located on W. FM544 next to Hardcast . 21 106-113 Consider approval of annexation ordinance for 1413 . 7274 acres of Federal Land located in and around Lake Lavon . 22 114-119 Consider approval of annexation ordinance for 735 .84 acres of Federal Land located in and around Lake Lavon . 23 12-123 Conduct PUBLIC HEARING on annexation of . 79 acres out of the 2 E . C . Davidson Survey , Abstract 4266 located on FM3412 . 24 124-127 Conduct PUBLIC HEARING on the annexation of 2 acres out of the E . C. Davidson Survey , Abstract 4266 located on FM 3412 . 25 128-131 Conduct PUBLIC HEARING on the annexation of 1 acre out of the Francisco de la Pina Survey , Abstract 4688 located on E. SI178 commonly known as "Steaks Over Texas" . 26 132-134 Conduct PUBLIC HEARING on the annexation of 892 . 1 acres out of the W. H . Moore Survey , Abstract 4638 being Federal Land located in and around Lake Lavon . 27 135-136 Conduct PUBLIC HEARING on the annexation of 238. 96 acres out of the M. Walker Survey , Abstract 41022 being Federal Land located in and around Lake Lavon . 28 137-138 Conduct PUBLIC HEARING on the annexation of 730 .88 acres out of the M. I . Gimenez Survey , Abstract Q338 being Federal Land located in and around Lake Lavon . 29 139-140 Conduct PUBLIC HEARING on the annexation of 505 . 52 acres out of the J . Turnham Survey , Abstract ° 6 being Federal Land located in and around Lake Lavon . 30 141-142 Conduct PUBLIC HEARING on the annexation of 1055 . 6701 acres out of the Thos . Chambers Survey , Abstract 41049 being Federal Land located in and around Lake Lavon . 31 143 Conduct PUBLIC HEARING on a change in the water and sewer rates for the City of Wylie . 32 144-145 Consider approval of ordinance amending Ordinance No . 84-12 - the Fee Ordinance for the City of Wylie . 33 146 Consider approval of ordinance redesignating certain areas from SF-2 to SF-3 and from SF-1 toSF-2 . NEW BUSINESS 34 Consider authorization to go out for bid on air pack refill compressor for fire department . 35 Consider award of bid on the building for the proposed Municipal Complex . UNFINISHED BUSINESS 3 36 147 Consider discussion on annexation request . GENERAL DISCUSSION 39 Citizen Participation . 40 Council Discussion . 41 ADJOURN 4 ~ CITY COUNCIL MEETING MINUTES OCTOBER 22, 1985 7:0O P. M. The Wylie City Council met in regular session on Tuesday, October 22, 1985 at 7: 00 P. M. in the work room of the Rita and Truett Smith Library. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Mayor Akin presided. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes, Councilmembers Percy Simmons Randall Gaston, Harold Spence, William Martin and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Scott Dorsey of The Wylie News, Carnell Vendors of Moore Industrial , Inc . and other citizens. AppROVAL OF MINUTES: There being no corrections or additions to the minutes, a motion was made by Mayor Pro Tem Huhges to approve as submitted. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. APPROVAL OF PROCLAMATIDN_�F{DR _W. I . S. D. FALL CARNIyAL_DAy�_ OCTOBER 26, 1985: Mayor Akin read the proclamation for W. I . S. D. Fall Carnival Day. Motion was made by Councilman Spence to approve and sign proclamation. Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. PUBLIC HEARING ON ANNEXATION OF 50 ACRES OUT OF THE_DUKE STTRICKLA\ND SURVEY" -ABSTFACT _841 : This property is located across from South Highway 78 from Century Business Park and behind the railroad tracts. This property was presented for annexation and zoning some months ago by Jack Harvard and Jerry Hoagland, but at the time, we were not contiguous' The Planning and Zoning Commission recommends approval of this annexation to Council by a vote of 7-0. Mayor Akin opened the public hearing. There was some discussion from Council about the road from Hooper Rd. to Highway 78. This road being Hensley Road and it will connect South Highway 78 and Hooper Road. There being no other questions or opposition, the public hearing was closed. pllELJ{__HEARINS ON ANNE|Ag_]I}N OF 7. 136 ACRES OUT_{}F'Tf|E FFAJNC [S{%] DE LA PINA_SUR'VEY, ABSTRACT 688L This property i s located on Highway 78 and is the property that has been given to the City of Wylie for a municipal complex . Mayor Akin opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVAL OF AMENDMENT TD__DRDINANCE 84-12 (FEE ORDO��NCE>_ SECTION 5: The amendemnt is the reconstruction of streets, to allow for hot mix surface treatment. This will increase the price per square foot from . 40 to . 50 for streets with some base and/or asphalt regardless of condition; and from . 50 to . 60 for streets which are completely unimproved. This change in cost is to accomodate the increased cost of the hot mix over the rock and oil base. Motion was made by Councilman Fulgham to approve this ordinance increasing the street price to . 50 per square foot and . 60 per square foot depending upon the street. Seconded / / by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. PUBLIC HEARING ON RATE INCREASE REQUEST BY M IAL DISPOSAL FOR SOLID WAS[[E_DISPOSAL: Mayor John Akin opened the public hearing and called on Mr. Cornell Vendor representative from Moore Industrial . Mr. Vendor gave a brief presentation on the increase in cost for Moore Industrial . Mr. Vendor suggested on behalf of Moore Industrial that the City of Wylie raise their rate from $5. 50 per residential customer to $7. 00 per residential customer in order to cover the charge that Moore Industrial is asking for. Mr. Vendor also stated that Moore Industrial has hoped to open the City' s old landfill , but as of this date, the State has not allowed this. Mr. Vendor said that-- these rates are coming out of the Plano District and the charges placed on Moore at North Texas Municipal Water Distrist landfil . When Moore takes a truck into NTMUD landfill , their charge is based on weight. Mr. James Johnson, Finance Director for Wylie, said he has looked at the schedule of rates that Moore has submitted. Mr. Johnson said he has not been able to come up with the numbers Moore is requesting. Mr. Johnson said he has requested more information in order to try and justify this rate request. City Manager Gus Pappas said the City has maintained a certain percent difference from what we pay Moore and what we charge the citizens' The proposal before you, increases the percentage to Moore but decreases the City portion which takes care of the the billing and other paper work involved. The staff would recommend the following proposals: Residential - single family $5. 60 Duplex Unit - per unit 5. 60 Trailer Park - per unit 5. 60 Residential - per unit (City serviced outside City Limits) 6. 75 Commercial : Hand Collection: Less than 8, 30 gal . bags per week 9. 00 2 cu. yd. l X week 34. 50 2 X week 56. 25 3 cu. yd. 1 X week 36. 75 2 X week 63. 00 4 cu. yd. 1 X week 39. 00 2 X week 74. 25 6 cu. yd. 1 X week 50. 25 2 X week 85. 50 8 cu. yd. 1 X week 57. 00 2 X week 100. 50 10 cu. yd. 1 X week 67. 50 2 X week 114. 00 Extra pickups ------- 2 cu. yd. , 3 cu. yd, 4 cu. yd. 15. 75 6 cu. yd. , 8 cu. yd . , 10 cu. yd . 18. 75 Mr. Vendor from Moore said at this, as representative for Moore Industrial , he would like to withdraw this proposal ' This proposal by staff would not off set the cost Moore is having. '� ^ . There being no other questions or opposition, the public hearing was closed. A motion was made by Councilman Simmons to table this rate increase at this time. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor to table the rate increase. pRELIMJNARY PLAT F ADDITION: This plat was tabled at the last meeting, in order from the City having to accept a plat that is not in compliance with our Subdivision Ordinance, we have placed this item on the agenda for rejection. There is a provision in our Subdivision Ordinance Section 4. 02. F. 1 . that the P&Z and the City Council "shall " act on a preliminary plat within 30 days from the date such plat was filed with each body for their approval . This plat was tabled due to the connecting street from Westgate Addition to Birmingham Farms Land which is also being platted. Since the posting of this agenda, both parties have come to an agreement and the street has been worked out and is now a connecting street between the two subdivision. Staff recommends approval of this plat with the stipulation that the street connecting FM 544 and FM 3412 be 65 foot right-of-way with 37 feet of pavement. Councilman Simmons wanted to know about the zoning for the property to the North of this subdivision. City Manager Gus Pappas said the two parties had worked this street problem out and the plans did not change the amount of acres in the zoning of the Birmingham Land. Councilman Simmons wanted to know why many feet to the East of Birmingham Farms was this road. City Manager Gus Pappas asked Mr. Flynn, he said it was approximately 1100 feet. This road is staying in Westgate as shown on the preliminary plat. Councilman Simmons wanted to know how close this road was to the Elementary School . City Manager Gus Pappas said it was three (3) or four (4) feet from the school . Motion was made by Mayor Pro Tem Hughes to approve the preliminary plat for Westgate with the 65 foot right-of-way and 37 feet of pavement. Seconded by Councilman Gaston. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor , Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. APPROVAL OF DEVELOPMENT_pl N FOR BENEDICT ESTATES: The Planning and Zoning Commission reviewed this plan and recommends this to Council for approval with a vote of 7-0' Staff also recommends approval , and also has requested to see the deed restrictions. Councilman Spence wanted to know if the deed restrictions in this is because of the Planned Development. City Manager Gus Pappas said not necessarily but they are some questions that need to be addressed such as the park and creek areas. Motion was made by Mayor Pro Tem Hughes to approve the development plan for Benedict Estates. Seconded by Councilman Gaston. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - abstained, Councilman Spence - abstained, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with five in favor and two abstaining. allTHURIZATION TO ADQ0115QFOR BIDS FOR AIR C STREETS AND DRAIN NT: This compressor will be used to operate a jack hammer to repair existing concrete streets, alleys and sidewalks. This item is included in Lhe approved 1985-86 budget . The approximate cost of this compressor will be from $9600. to $11 , 000. Motion was made by Councilman Fulgham to grant authorization to advertise for bids for air compressor. Seconded by Councilman Gaston. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor , Councilman Fulgham in favor, and Councilman Gaston - in favor. This motion carried with all in favor. F MOWING City Manager Gus Pappas said the City has an agreement with the Railroad to mow their right-of-way and then bill them for this, and in addition, we have been mowing the State Highway right- of-way. Councilman Spence said we did not have to mow the State Highway R-O-W, but that the State is now mowing it. City Manager Gus Pappas said that from time to time the Council makes decisions without having an ordinance. Council agrees without a vote or ordinance and then there are questions as to why staff has done what they did. This directive best explains what the staff is to do and gives the instructions. Councilman Spence said the State does not mow and Highway 78 is one of the most traveled streets through Wylie at the present time. Mayor Pro Tem Hughes said most of the compliants come from citizens who have received letters for weedy lots. These citizens want to know why the City does not keep their right-of-ways mowed, Highway 78 to the citizens is not a State right-of-way but a City right- of-way. Motion was made by Councilman Gaston to approve the Council Directive No. 1 . Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor, APPROVAL OF POLICY N COUNTY ROADS: There being no questions, a motion was made by Mayor Pro Tem Hughes to approve the policy statement on County Roads. Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Huhges - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor , Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. AUTHORIZATION TO GRANT PERMISSION FOR CITY STAFF_T{l_A{%]UIf�E ADDITIONAL OFFICE CITY OFFICES: City Manager Gus Pappas stated the city staff would like to request that they be allowed to secure additional office space for use by City personnel on a lease, not longer than one year, nor in excess of $2500. 00 per month. We believe that adequate space can be found for this price. We are in contact with the property owners of the building on Jackson Street just south of the Post Office. They are talking about a price in this general area. This step would do much to relieve the current tension level of City hall employees and would no doubt increase our operating efficiency. After some discussion on whether to move part or all of the Office staff for City Hall , the Council gave this option to the City Manager. Motion was made by Councilman Gaston to grant authorization for additional office space. Seconded by Mayor Pro Tem Hughes. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. APPROVAL OF OPERATIONS CONTRACT WITH NORTH TEXAS MUNICIPAL- PATER DISTRICT: The body of this document refers to annual budgets, although in the past this document had been from ` . . February to February, staff believes this should be for the budget year. City Manager Gus Pappas said it was his understanding that the conclusion reached at the last meeting was that this extension did not speak to any agreement involving the new plant or the City of Wylie hiring it' s own engineer for the design phase of the new plant. If my understanding is correct, it is my desire that the Council clarify this issue. Councilman Gaston said he had wanted to see some reports from North Texas Municipal Water District before the Council signed another contract . City Manager Gus Pappas said if by letter the Council voted to extend the contract through September 1986 and to request copies of any correspondence from the State of Texas in regards to the sewer treatment plant be sent to the Council . Councilman Gaston said he wanted a monthly report from NTMWD showing number of hours spent at the plant and showing where Mr. Windham has inspected this plant while NTMWD crew was on the plant site. Councilman Gaston also wanted to know if NTMWD had ever taken out a building permit or any type of permit for all their expansions. City Manager Gus Pappas said not to his knowledge nor did any of the City records indicate a permit of any type in their- Motion was made by Councilman Simmons to extend the contract with NTMWD through September 1986. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Counciman Martin - in favaor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. C{D,4SII>ER_ AWARD OF BID FOR TWO (2) CJ7 JEEPS: These jeeps are for meter reading and development inspections. They are included and approved in the 1985-86 budget. Letters were sent out to several dealers in the Dallas Metroplex area and only one bid received. This bid was from Les Tucker Oldsmobile, AMC-Jeep-Renault in the amount of $8, 836. 75 per each jeep. The total price for two jeeps would be $17, 673. 50. Staff recommends the award of bid going to this company. Motion was made by Councilman Fulgham to award the bid to Les Tucker Oldsmobile in the amount of $17, 673. 50. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor. AUTHORIZATION TO LEASE/PURCHASE AGREEMENT COPIERS: Staff is requesting that the City Council authorize us to enter into negotiations with copier manufacturers and lease/purchase firms to acqurie some of the budgeted copiers for our smaller departments. These copiers will not be in the bid requirement range and I can negotiate these purchases quickly and have the equipment soon. Motion was made by Mayor Pro Tem Hughes to grant authorization to enter in to lease/purchase agreement for- copiers. Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - in favor, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with all in favor . AUTHORIZATION TO EX S FROM CITY COUNCIL OFFICE SPACE AND T[i_TRA�SFER FUNDS NTO VARIOUS T-'ACC{}UNTS: Since the Council has agreed to allow city staff to move into temporary quarters until which time the new city hall will be built, it is necessary for this transfer of funds. The transfer will come from account no. 10-100-101-02520 building lease rental and will be distributed to office furniture accounts and will be in the amount of approximately $14, 000. 00. This funriture and equipment being purchased will transfer to the new city hall when it is completed. Motion was made by Councilman Simmons to approve the transfer of funds. Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor, Councilman Spence - in favor , Councilman Martin - in favor, Councilman Fulgham - in favor , and Councilman Gaston - in favor. This motion carried with all in favor. AUTHORIZATION OF NT OF OVERSIZING COSTS_F{D� SANITARYHE1POINTE_N[RTH ADDITION: This request for payment in the amount of $4, 387. 70 is consistent with current City policy and has been verified by the City Engineer. Such oversizing cost is paid by the water and sewer impact fee and the staff recommends approval . Motion was made by Councilman Fulgham to grant authorization for reimbursement of oversizing costs for sanitary sewer line in Pointe North Addition. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Spence - abstained, Councilman Martin - in favor, Councilman Fulgham - in favor, and Councilman Gaston - in favor. This motion carried with six (6) in favor and one (l ) abstained' CITIZEN PARTICIPAT]IXUL Mr . Stanley Moussa introduced his daughter, who has joined his firm in Dallas. She will be working in the Wylie area. COUNCIL DISCUSSION: Councilman Gaston wanted to know if there had been any word on the shelves for the library. City Manager Gus Pappas said no. The staff will have to take the next bid and then file charges on the bidder who has not complied with his bid. Councilman Gaston also wanted to know what type of antenna was put on the ambulance for $100. 00. City Manager Gus Pappas said there has been an agreement that the city take care of the radio repairs for the ambulance. This is just one of the items the city had to take care of and this was a standard antenna used in this type of equipment. ' Mayor Pro Tem Hughes said he was embarrassed and felt boxed in at the meeting of the new city hall . Mayor Pro Tem Hughes said he thought it was the Councils backing that had directed staff to go out for bids. Now, that staff has gone out for bids, the Council wants to go to the people with a vote and bond issue. Mayor Akin said it was because we had to go to the people, before the Council went into debt. Mayor Pro Tem Hughes said he thought we would just send out letters to the people but now it is a full election and we are set back at least a whole year. Mayor Akin said he kept saying it was his personal opinion to go to the people. Mayor Pro Tem Hughes said if he had voted against the election, then he would have been voting against the Mayor Councilman Simmons said three contractors have called him and are very upset because they say we did not give them a chance. That the City mislead them. / Councilman Spence said he would like to see the staff show the actual costs of city hall and ask the people to sign their name and address and give their opinion. Councilman Spence also said when he left the meeting, he felt city hall was a dead issue. Councilman Gaston said two people have told him because of the location, they would vote no for a bond issue. Councilman Gaston also said he did not see the difference in the bank building and in this new building. They are both one million dollars plus. Mayor Akin said the bank building was for $600, 000 for the building. The other expenses took it up to over one million dollars. Councilman Spence said would it be an April election and he had thought it would be in January. City Manager Gus Pappas said yes for an April election, that it was talked about having it in January but you have to call for an election 60 days prior to the election date. You can call for an election in February if the Council so desires. Councilman Martin said the only thing he is after is a simple approach to reach the people and get their opinion . Councilman Martin said he was not for a bond election. Councilman Gaston said to give the people a vote on their water bills for a lease purchase - no tax increase and then go with the building. Council agreed upon a breaksfast and work session on Saturday morning at 9: 30 AM October 26, 1985. City Manager Gus Pappas and Mayor Akin met with the Mayor and some of the Councilmembers of the City of St. Paul . It appears that St. Paul has taken another turn in their approach with Wylie. St Paul has gone one step further in being a City. They are offended by the annexations Wylie is doing around the lake. This annexation is all Federal Land or lake and does not take any tax money from St. Paul . If Wylie backs off then that land will sit there and will not be in any city. Probably unlikely it will every be in the City of St. Paul . St . Paul will have to become a Home Rule City and the potential to reach Home Rule is very limited for them. St. Paul also discussed the sewer treatment contract with us. They believe it is a good contract, but it cost to much. In our agreement to St. Paul , we new they could not put money up front, but would add a certain number of customers each year. We made a minimum charge on 1 , 000 customers. We give them three connection points. Our cost for putting in large enough lines to handle the St . Paul sewer is three million dollars. Their minimum charge to us will not pay for our expenses that we will have to put up front. St. Paul does not have the experience to deal with cost and growth like Wylie does. St. Paul wants to have a contract with Wylie like Garland has with Sachse and Rowlett . The difference here is Rowlett and Sachse are working cities. City Manager Gus Pappas gave a report on the City of Sachse wanting to place the boundary lines between the two cities. The only problem there is Sachse is doing all the taking and Wylie is doing all the giving. Part of these boundaries will work but some of the areas, Wylie is already in and Sachse wants us to back away. As of this date, there has been no real boundaries set between the two cities. Motion was made to adjourn with all in favor. _ John �. Akin, �ayor ATTE3: Carolyn Jones, City Secretary 17 ` . CALLED CITY COUNCIL MEETING - MINUTES OCTOBER 26° 19B5 9:30 A. M. The Wylie City Council met in a called session on Saturday, October 26, 1985 at 9: 30 A. M. in the conference room at the Engineering office. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Mayor Akin presided. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes, Councilmembers Percy Simmons, Harold Spence, Randall Gaston and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, and Finance Director James Johnson. Councilman Martin was absent. Mayor Akin called the meeting to order. Councilman Spence said that Mayor Pro Tem Hughes, Councilman Simmons and himself had met as the building committee and discussed the new city hall complex . From this meeting, it was decided bring to Council the ideal of going with a 30, 000 square foot building on the back part of the seven (7) acre tract. At the time additional space is needed , you can add to the front and not have the expense of moving the jail again. After much discussion, it was agreed that there would be several news releases and a mail out to the residential water customers asking for their support in the new building and asking if the new building should be built for now or the future, in other words, a 30, 000 square foot building for now, or a 90, 000 square foot building for future. Motion was made to adjourn, with all in favor. ___________ John Akin, Mayor ATTEST: ____________ Carolyn Jones, City Secretary x ` . CALLED JOINT MEETING OF CITY COUNCIL AND CENTENNIAL COMMITTEE OCTOBER 28, 1985 7:O0 P. M. The Wylie City Council and the Centennial Committee met in a joint called session on Monday, October 28, 1985 at 7: 00 P. M. in the City of Wylie Community Center. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Hughes, Councilmembers Percy Simmons, Harold Spence, Randall Gaston and William Marti " City Manager Gus Pappas, City Secretary Carolyn Jones, Committee members Dorothy Strickland, Florence Masters, Betty Pendergrass, Ray Mullins, Truett Smith , Charles Lutz and Terry Griner, Mr ' John Pototschnick , artist , and other citizens. Councilman Fu1gham was absent . Mayor Akin called the meeting to order and then called oo Mr . Ray Mullins, President of the Wylie Area Chamber of Commerce. Mr. Mullins said in October , 1986 the City of Wylie wi ] l 100 years old. The Chamber is sponsoring a celebration in honor of this special occasion. The chairman of this centennial committee is Mr. Truett Smith. Mr. Smith said the City of Wylie was named after Col . W. D. Wylie. Col . Wylie brought people out to Wylie on a special train, on which they were served lunch and were entertained by a band. Col . Wylie then sold the lots through an auction. Mr. Smith is going to contact the Santa Fe Railroad and try to get a train with a few cars to come to Wylie. If the train can be arranged, Mr. Smith is going L ,� have a luncheon with a band to entertain. Mr. Smith also stated there were a number of people in Wylie who own antiques and he would like to obtain a building in order to display these antiques. Mr. Smith is also going to contact the Churches in the area and see if they will have a homecomming on the final weekend of this celebration . The Wylie News will begin in January to run the complete story of the City of Wylie. Mr. John Pototschnik, artist, gave a presentation on some of the art work he has done for other cities during special times. Mr. Pototschnik would have a limited number of prints for $50. 00 each and a number of posters for $5. 5(` each. The fee for doing this art work and prints will be approximately $3, 236' 00' This fee is usually paid for by a merchant or a real estate agency for the advertizing the will receive. Mr. Mullins asked if any one had any questions or suggestions. Councilman Gaston asked about the financing for this project . Mr. Mullins said the financing had not been resolved but felt the citizens and businesses would helo ' City Manager Gus Pappas said there was a firm that has ih� old trolly cars for rent and it would be nice to bring tM �.. to Wylie for the week ' Mr. Mullins thanked everyone for coming and for their support . Mayor Akin expressed his thanks and appreciation for what the committee is doing. Mayor Akin also said the Counci | and City would be glad to help in any way they could ' �� . ` . The meeting was adjourned with all in favor. John W. Akin, Maycr ATTEST: ............ _________________........._______............... Carolyn Jones, City Secretary , � � MINUTES PLANNING & ZONING COMMISSION THURSDAY, OCTOBER 24, 1985 The Planning and Zoning Commission for the City of Wylie, Texas met in regular session on Thursday, October 24 , 1985 in the Wylie Community Center. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Chairman Kent Crane, Brian Chaney, Ken Mauk, Bill Chapman, Ben Scholz, and Joe Strigle. Representing the city staff were Gus Pappas, City Manager; Roy Faires, Code Enforcement Officer; Susan Marquardt, secretary. Don Montgomery was not present. The meeting was called to order at 7: 00 P. M. by Chairman Crane. ITEM NO. 1 - APPROYAL OF MINUTES - Chairman Crane asked for any corrections or addition to the minutes. Hearing none, a motion was made by Brian Chaney to approve the minutes as submitted. Ken Mauk seconded the motion. Motion carried 5- 0 ITEM NO. 2 - APPROVE_REPLAT QF MUSH _CREEK II - This replat is for lots 22 & 23 out of the Rush Creek Estates Phase II . The builder, Mr. Blakey, has found that these lots as platted originally are not large enough to accomodate the house that is to be built and is thus asking for a replat in order to combine these two lots officially so that it becomes a part of the permanent legal record. This action is required by our Sub division Ordinance. The staff recommends approval . Chairman Crane opened the public hearing. With no comments from the floor, the public hearing was closed and the item returned to the table for discussion. Brian Chaney asked if this was currently zoned SF1 . Mr. Pappas replied that technically Rush Creek is zoned SF2 under the old zoning ordinance; at the next meeting you will have an ordinance to consider for recommendation which will suggest changing all previous SF2 zoning to SF3 and all previous SF1 zoning to SF2. At that point Rush Creek and what people wanted out there was Big houses on small lots . Apparently that was not the case, the big lots sold first now he's having to replat the smaller lots in twos, so that he would have big enough lots to build the size houses people want to build in Rush Creek Addition. After a lengthy discussion by the commission, a motion was made by Ben Scholz to recommend to the City Council for approval on the Replat lots 22 & 23 in the Rush Creek Addition Phase II . Motion was seconded by Brian Chaney. Motion carried 5-0 . ITEM NO. 3 _- PUBLIC HEARING FOR MULTI-FAMILY (MF) ZONIN(LON 11 ACRES ON FM 137k - This property is described as 11 . 265 acres out of the W. D. Barnett Survey, Abstract No. 56 and // • is located on FM 1378 just north of the Moussa-Beckham property. Mr. Pappas stated that this tract will be part of the development which is known as Crescent Cove Addition. The developer is asking for multi-family for these 11 acres . Chairman Crane opened the public hearing to anyone in favor of or against the request. Chairman Crane asked Mr. Moussa if he would like to show the commission a presentation. Mr. Moussa had a larger scale of the property that was in question. Chairman Crane closed the public hearing and brought it back to the commission. After a brief discussion, Ken Mauk made motion to recommend to the City Council to accept this proposal . Motion seconded by Joe Strigle. Motion carried 5-0. ITEM NO. 4 - PUBLIC HEARING 9N ANNEXATION OF .79 ACRES ON HWY 3412 - This tract of property is described as . 79 acres out of the E. C. Davidson Survy, Abstract 266, located on Highway 3412, owned by Winston and Margie Watkins . Mr. Pappas stated that the city had invited the property owner along this route to annex into the city and participate in the cost of the waterline. Chairman Crane opened the public hearing, no comments from the floor the public hearing was closed. A motion was made by Ben Scholz to recommend approval of this annexation petition to the City Council . Motion seconded by Brian Chaney. Motion carried 5-0 . ITEM NO. 5 - PUBLIC HEARING ON ANNEXATION OF 2 ACRES GRAINY 3412 - This tract is described as 2 acres out of the E. C. Davidson Survey, Abstract 266, owned by J. T. and Loretta Wright. This property is also along Hwy 3412 where the City has extended a waterline. Chairman Crane opened the public hearing, no comments from the floor, the public hearing was closed. Brian Chaney made motion to recommend approval of this annexation petition to the City Council . Motion seconded by Joe Strigle. Motion carried 5-0 . ITEM NO. 6 - PUBLIC HEARING ON THE ANNEXATION OF t ACRE ON SH 75 - This property is described as 1 acre out of the Francisco de la Pina Survey, Abstract 688 and is located on SH 78 just across the road from the site of the proposed Municipal Complex. The property owner is Mrs . Virginia Martin and is the site of the restaurant, now under construction, called Steaks Over Texas. The staff recommends approval . Chairman Crane opened the public hearing, no comments from the floor the public hearing was closed and brought back to the commission. Brian Chaney made motion to recommend approval of this annexation petition to the City Council. Bill Chapman seconded the motion. Motion carried 6-0. ITEM NO 7 - PUBLIC_ HEARING ON ANNEXATION_892. 1 ACRES LOCATED IN LAKE LAVQN - This tract of 892. 1 acres is out of the W. H. Moore Survey, Abstract 638 located in Lake Lavon. Mr. Pappas stated that this is the next step in Lake /o� • annexation in order to accomplish the desired goal on Lake Lavon. Mr. Pappas pointed out to the commission the general area that is in consideration for the annexation on a large scale map. Chairman Crane opened the public hearing, no comments from the floor, the public hearing was closed and the item returned to the table for discussion. Mr. Pappas addressed the commission that the major portion of these tracts are actually out in the water. This is the next round in what will most likely be a series of six to eight rounds of annexations in order to accomplish the securing of a jurisdictional area adequate to accomplish the desired goals of forming the City's boundaries, protecting a growth area and controlling development in and around the South Lavon Lake development area. Chairman Crane asked if there would be tax revenue from this annexation in the near future. Mr. Pappas answered that they would be paying taxes to the City of Wylie. Bill Chapman asked if we would have enough manpower to patrol this area. Mr. Pappas comment was that there would be enough polic protection. After a lengthy discussion Bill Chapman made a motion to recommend to the City Council of this petition for annexation. Joe Strigle seconded the motion. Motion carried 6-0 . ITEM NO. 8 - PUBLIC HEARING ON ANNEXATION OF 238 96 ACRES - This tract is 238 . 96 acres out of the M. Walker Survey, Abstract 1022 located in Lake Lavon. Chairman Crane opened the public hearing, with no comments from the floor, the public hearing was closed and brought back to the commission. Ken Mauk motioned to recommend to the City Council for annexation. Bill Chapman seconded the motion. Motion carried 6-0. ITEM NO. 9 - PUBLIC HEARIBG QN AHNEXATION OF 730.88 ACRES - This tract is 730. 88 acres out of the M. I . Gimenez Survey, Abstract 338 located in Lake Lavon. Chairman Crane opened the public hearing, with no comments from the floor, the public hearing was closed and brought back to the commission. Brian Chaney motioned to recommend to the City Council for annexation. Ken Mauk seconded the motion. Motion carried 6-0 . ITEM NO. 10 - PUBLIC BEARING ON THE ANNEXATION QF 505.52 ACHES - This tract is of 505. 52 acres out of the J . Turnham Survey, Abstract 919, located in Lake Lavon. Chairman Crane opened the public hearing, with no comments from the floor, the public hearing was closed and brought back to the commission. Ben Scholz made motion to recommend to the City Council for annexation. Brian Chaney seconded. Motion carried 6-0. ITEM NO. 11 - PUBLIC_HEARING ON THE ANNEXATION OF 1055.6701 ACRES - This tract is of 1055. 6701 acres out of Thos . Chambers Survey, Abstract 1049 located in Lake Lavon. Chairman Crane opened the public hearing, with no comments from the floor, the public hearing was closed and brought back to the commission. Brian Chaney motioned to recommend to the City Council for annexation. Ken Mauk seconded the motion. Motion carried 6-0. ITEM NO. 12 - PUBLIC HEARING ON THE ANNEXATION OF 117.65 ASS - This tract is of 117. 65 acres out of the Aaron West Survey, Abstract 1025 located in Lake Lavon. Chairman Crane opened the public hearing, with no comments from the floor, the public hearing was closed and brought back to the commission. Ben Scholz motioned to recommend to the City Council for annexation. Joe Strigle seconded the motion. Motion carried 6-0 . ITEM NO. 13 - ApJ�QRN - With no further business before the commission, Chairman Crane said he would entertain a motion for adjournment. A motion was made by Brian Chaney and seconded by Bill Chapman. Meeting adjourned by Chairman Crane. Kent Crane, Chairman Planning & Zoning Respectfully Submitted: Susan Marquardt, Secretary MINUTES PARKS & RECREATION BOARD MEETING TUESDAY, NOVEMBER 5, 1985 The Parks 'y Recreation Board for the City of Wylie, Texas met in regular session in the community room at the library on Tuesday, November 5, 1985 at 7: 00 P. M. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Vice-Chairman Mr. Derek Ammerman , Mr. Don Hughes, Mr . John Morgan , Mr. Morris Love, Mrs. Jayne Chapman , Mrs. Peggy Sewell and Mr. Curtis Hale. Representing the city staff were Mr. Bill Windham, Director of Public Works; Mr. Kenneth White, Parks Supervisor and Mrs. Susan Marquardt , Secretary. Chairman Retha Tibbals and Mr. Gus Pappas, City Manager were absent. ITEM NO. 1 - APPROVAL OF MINUTES - Vice-Chairman Ammerman called the meeting to order. Vice-Chairman Ammerman asked for any corrections or additions to the minutes. Mr . Morgan stated he thought there was a motion to put a sprinkler system in on the 4th ball field on the priority list for the budget 1985-86. After a brief discussion Mr. Hale made motion to approve the minutes of September 3, 1985. Mr . Morgan seconded the motion. Motion carried 6-0. ITEM NO. 2 - ,REVIEW PARK PLANS - Mr . Windham stated that the board members asked for a copy of the parks plan for reveiw. Mr. Hughes stated that the property on the plans were not correct due to trading portions of the land , bottom with top. Mr. Sewell asked if it was equal portion of land that was traded. Mr. Hughes pointed out to the board members where the park land lies and what was traded . Mrs. Chapman asked if there were plans for street lights from Stone Road. Mr. Hughes also asked how many poles we had set up. Mr. Windham answered Mr. Hughes question that all the poles are set up. Mr . Windham was requested by Mayor Akin to come forth and let the board know that there ' s a chance of some funds from Austin to benefit the community. The board made the following recommendations for the fund; ( 1 ) Swimming pool ; (2) Amphitheater; (3> Lights for 4th Baseball field; (4) Sprinkler system for 4th field ; (5) Walking paths; (6) Landscaping. After a lengthy discussion Mrs. Sewell made motion to take this priority list to Mr . Pappas , City Manager. Seconded by Mr. Morgan. Motion carried 6-0. ITEM NO. 3 - REVIEW PRIORITY BUDGET LIST 1985-86 - Mr . Windham stated that the seed & fertilizer would be used to go around the community center and pavilion as well as the ball fields. Don Hughes asked what type of equipment for the playground. Mr. Windham answered that we would be continuing to build on to the playground that is already set /6J up with items like swings, seesaws, merry-go-round . Mr . Hughes asked if the picnic table covers were for the preexisting picnic tables. Mr. Windham answered that the covers are for the preexisting picnic tables. After a lengthy discussion Vice-Chairman Ammerman asked if there was any additions to the priority list. Mr. Morgan asked that the sprinkler system be added to the budget for the mid year revision. Mr. Morgan also stated that the doors at the Akin pavilion needed to be repaired and one needed to be replaced with a metal door. Mr. Morgan also metioned that the fire ants need to be taken care of and also bulbs for the lights at the baseball fields need to be replaced. Vice-Chairman Ammerman asked for motion to move on. Mr. Hughes made motion to continue on . Mr. Hale seconded the motion . Motion carried 6-0. ITEM NO. 4 - EXPANSION OF EQUIPMENT IN PLAY AREA - Mr . Windham stated that Mr . White had been thinking about expanding the playground area. Mr. White will be investigating the situation. Mr. Windham asked the boards approval to proceed on with the playground area. The board commented how great the area looked. No action taken . ITEM NO. 5 ,- WATER FOUNTAIN AT OPEN PAVILION - Mr . Windham stated that between now and Spring we would be laying a water line and sewer tap for at least one water fountain and sink. After a lengthy discussion the board decided on a water fountain with faucets attached instead of putting in a sink. Motion carried 6-•0. Vice-Chairman Ammerman asked if there were any more questions or comments for the board. Mr. Windham stated that the Big "W" on Hwy 78 was once again a green area due to replanting holly. The railroad asked that we don ' t do anything more to the second flower bed which is located at Oak and Hwy 78 due to them putting in a railroad switch at that point. We will dig it up and haul it off . ITEM NO. 7- ADJOURNMENT - Mrs. Sewell made motion for adjournment . Mr. Hughes seconded the motion. Motion carried 6-0. Vice-Chairman Ammerman adjourned the meeting . Derek Ammerman Vice-Chairman �.„ 1, mows V • t. o {ti• r r iy rw"u"u 6REENVILIE 4 F I,.04%wow CO OP — _� - LAU Gwen DALLAS Wt.1.111000.1 TlttMl Farmers Electric Cooperative , ,Nc. INTERSTATE 30 EAST, P.O. BOX 1037, GREENVILLE, TEXAS 75401-1037 28 October 1985 Mr. James Johnson Director of Finance City Of Wylie P . 0. Box 428 Wylie , Texas 75098 Dear Mr . Johnson : Please find enclosed a revised copy of the proposed franchise agreement between Farmers Electric Cooperative , Inc . and the City of Wylie . Several changes have been made by our attorney , and we feel that these changes are necessary to provide Farmers Electric Cooperative , Inc . with a fair and workable franchise agreement . After you have had time to consider the changes , I will be happy to visit with you prior to the November 12 council meeting to discuss these changes . I look forward to hearing from you soon , and Farmers Elec- tric Cooperative , Inc . anticipates a harmonious and long- standing working relationship with the City of Wylie . Sincerely, ,dtAktilt— Mike Shurtleff Member Services Advisor MR: lr Enc . cc: John W. Kirkland , General Manager The Honorable John W. Akin , Mayor, City of Wylie 4,)› /7 _. City of Wylie Franchise Agreement Changes Section 2 . We inserted "reasonable" prior to the word "control" . Section 6 . We inserted "proximately caused by the Company . " after the word "and . " We also deleted the remainder of this section . Section 8 . The last sentence now reads : "The Company shall be given reasonable notice not less than 72 hours in advance to arrange for such temporary wire changes . " Section 11. The First sentence is now prefaced by the phrase : "If reasonably ordered by the City in connection with the widening or relocation of any street or alley the . . . " . Section 13 . This sentence has been placed in lieu of the last sentence : "The Company may renew and extend this fran- chise for five years by written notice to the City . " Section 14 . This sentence has been added at the end : "Nothing contained in this franchise shall limit or interfere with any power conferred upon the Public Utility Commission of Texas . " • ORDINANCE NO. AN ORDINANCE GRANTING TO FARMERS ELECTRIC COOPERATIVE , INC . , A FRANCHISE TO CONSTRUCT , MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT AND POWER BUSINESS AND SYSTEM IN THE CITY OF WYLIE, TEXAS AND PRESCRIBING THE TERMS , CONDITIONS AND OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRAN- CHISE SHALL BE EXERCISED. WHEREAS, Farmers Electric Cooperative , Inc . , hereinafter referred to as the "Company" is now and has been engaged in the electric light , heat and power business in the State of Texas and in furtherance thereof has erected and maintained certain items of it ' s distribution system in the City of Wylie , Texas , hereinafter referred to as the "City" , for many years pursuant to such rights as has been granted it by and under the laws of the State of Texas , City of Wylie or any other governmental authority which may have the right to regulate the Company; and WHEREAS, it is to the mutual advantage of both the City and the Company that an agreement should be entered into between the Company and the City establishing the conditions under which the Company shall operate in the City of Wylie ; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS : SECTION 1. There is hereby granted to Farmers Electric Cooperative, Inc . a corporation , its successors and assigns , the right and privilege and franchise to construct , maintain , and operate an electric light , heat and power business and system in the City of Wylie and for that purpose to have , acquire , place , remove , construct , reconstruct , extend , main- tain , and operate along, across , on, over, through, above , and under the present and future streets , alleys , parkways , and other public grounds and places within the present limits of the City and within said limits as the same from time to time may be extended , a system of poles , wires , anchors , cables , manholes , conduits , and other facilities and equipment used in or incident to the giving of electric service in the City within its present limits or as such limits may be extended , for the considerations and subject to the conditions , terms , duties , obligations , limitations , and regulations herein prescribed , and all statutes , charter provisions , ordinances , rules and regulations applicable to the Company and its operations . SECTION 2 . The poles , wires , anchors , cables , manholes , conduits , and other facilities , construction , and appurtenances now used in or incident to the giving of electric service and other maintenance of the electric service and system by 1 /9' the Company in the City shall remain as now constructed , subject to such reasonable changes as may be considered necessary or desirable by the City or other applicable regulatory authority and subject to such changes as under the limitations and con- ditions herein prescribed and all applicable statutes , charter provisions , ordinances , rules and regulations may be considered necessary by the Company in the exercise of its business of furnishing electric service . All extensions , replacements , construction , or reconstruction of any such equipment or fac- ilities undertaken by the Company, and the location , relocation , routing, and re-routing of all poles , wires , anchors , cables , manholes , conduits , and other facilities hereafter constructed or reconstructed within the limits of the City of Wylie by the Company, either overhead or underground , shall be subject to reasonable control, regulation, and that direction of the City , or any City official designated by the City Council for that purpose . All poles used in the electric light , heat and power system shall be of sound material and reasonably straight and shall be so set that they will not interfere with the flow of water in any gutter or drain and so that the same will inter- fere as little as practicable with the ordinary travel on alleys , streets , or sidewalks . SECTION 3 . The surface of any street , alley, highway, or public place disturbed by the Company in the building, construc- ting, renewing, or maintaining of its electric plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work, and maintain to the satisfaction of the City or of the City official designated as provided in Section 2 hereof for one ( 1) year from the date the surface of said street , alley, highway, or public place is broken for such construction or maintenance work, after which time such maintenance shall become the responsibility of the City. No street , highway , or public place shall be encumbered for a longer period than shall be necessary to execute the work. The City may, from time to time , adopt reasonable ordinances regulating such work including, but not limited to, the times and extent of any such encumbrance . SECTION 4 . The City shall at all times have the right and power to require fair and reasonable extension and type of service to customers , taking into consideration the circum- stances , conditions , and cost involved . The City may , by ordinance , adopt policies regulating such extension and service , subject , however , to any regulations of the State of Texas or United States which may supersede same . 2 SECTION 5 . In the conduct of its business and in the construction , reconstruction , or location or relocation of any lines or equip- ment as herein provided ( also see Section 11 ) , the Company shall comply with all reasonable regulations and requirements of the City or other applicable regulatory authority and upon default by the Company to comply with any specific regulation or require- ment the City, after reasonable notice to the Company and oppor- tunity to be heard , may proceed to perform or carry out such regulation or requirement , and the expense thereof shall be borne by the Company. SECTION 6 . The Company shall protect and hold the City harmless against all claims for damages to any person or property by reason of the construction and maintenance of the Company ' s system and facilities or in any way growing out of the granting of this franchise , either directly or indirectly, or by reason of any act , negligence , or nonfeasance of the contractors , agents or employees of the Company; and the Company shall refund to the City all sums which may arise or grow out of the exercise of the rights and privileges hereby granted or the abuse thereof , and Company shall indemnify and hold the City harmless from and on account of all damages , costs , expenses and proximately caused by the Company. SECTION 7 . The Company shall maintain all of its equipment and facilities in reasonable operating condition at all normal times during the continuance of this franchise . An exception to this condition is automatically in effect when service furnished by the Company is interrupted , impaired , or pre- vented by fires , strikes , riots , or other occurrences beyond the control of the Company , or by storms , floods , or other casualties , in any of which events the Company shall do all things reasonably within its power to do to restore normal service . SECTION 8 . The Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures . The expense of such temporary removal , raising or lowering of wires shall by paid by the benefited party or parties , and the Company may require such payment in advance . The Company shall be given reasonable notice not less than 72 hours in advance to arrange for such temporary wire changes . SECTION 9 . The right , license , privilege and permission is hereby granted to the Company, its successors and assigns , to trim trees upon and overhanging the streets , alleys , sidewalks and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City or the City official designated under the provisions of Section 2 hereof . 3 SECTION 10 . To indemnify the City for the use of its streets , alleys , and public ground authorized hereby and to compensate the City for its superintendence of this franchise and the performance of the City ' s regulatory functions , which such regulation the City shall exercise and to which the Company shall be subject , to the extent authorized by law, and as the cash consideration for the same , the Company agrees to pay to the City annually, beginning on January 1 , 1986 , and during the continuance of this franchise a sum of money equal to three percent ( 3% ) of the annual gross receipts for the preceding year received by the Company from the rendition of all electric , heat and power service revenues , but not limited to all sales of electric energy and power, interest income , income from miscellaneous physical property, connections , moves , changes , directory advertising and sales and all other operating revenues within the corporate limits of the City. Payment shall be made as follows : A. On or before March 15 , 1987 , the Company shall pay to the City a sum of money equal in the amount to three percent ( 3% ) of the gross receipts received by the Company from the rendition as described herein from all local electric , heat , power , and other revenues within the corporate limits of the City from January 1 , 1986 to and including December 31, 1986 . B . Payments based on the gross receipts for each of the years subsequent to calendar year 1986 shall be made on or before March 15 of the succeeding year . C . For the calendar year 1985 , the sum of three percent ( 3% ) of gross revenues to be paid will be pro-rated, based on the period of time the franchise is in effect . D. The City agrees that the consideration set forth in the preceding paragraphs hereof shall be paid and received in lieu of any tax, license , charge , fee, street or alley rental or any other character of charge for use and occupancy of the streets , alleys and public places in the City, in lieu of any pole tax or inspection fee tax and in lieu of any easement or franchise tax, whether levied as an ad valorem, special , or other charactor of tax . However, said consideration ( 1 ) shall not be in lieu of any imposition expressly provided for herein, ( 2 ) shall not be in lieu of the usual general or special ad valorem taxes now or here- after levied , and ( 3 ) shall not be in lieu of any other obligation to make payments or reimbursements to the City as provided or required by applicable law. SECTION 11 . If reasonably ordered by the City in connection with the widening or relocation of any street or alley, the Company shall, upon thirty ( 30 ) days notice from the City , relocate any poles , conduits , wires and other structures and appurtenances or any extention thereof located within the present and future streets , alleys and public places as directed by the City without cost to the City of Wylie , Texas but at the expense of the Company. Company shall give the City ninety ( 90 ) days notice in advance of construction of any transmission line within the City. SECTION 12 . Company shall use reasonable diligence to supply electric utility service to said City and its inhabitants . The service shall be subject to such rules , regulations and service standards as may be approved by the City of Wylie , Texas . The Company may require reasonable security for the payment of its bills . SECTION 13 . This franchise shall be in force and effect for a full term and period of ten ( 10 ) years from and after its effective date hereinafter provided , unless sooner terminated by reason of default of the Company, but the City shall have the right to cancel this franchise and forfeit all rights thereunder after default in the performance by the Company of any reasonable regulations provided for herein has been judicially ascertained . The Company may renew and extend this franchise for five years by written notice to the City . SECTION 14 . This franchise is granted subject to the provisions of Section 2 , Article XI , of the Charter of the City of Wylie , Texas . Nothing contained in this franchise shall limit or interfere with any power conferred upon the Public Utility Commission of Texas . SECTION 15 . In compliance with the provisions of the Charter of the City of Wylie , this Ordinance , upon being introduced at a regular meeting of the City Council shall be read at two ( 2 ) separate regular meetings of the City Council , and shall not be finally acted upon until thirty ( 30 ) days after the first reading; and this Ordinance shall take effect thirty ( 30 ) days after its final passage , as made and pro- vided by the Charter of the City of Wylie , Texas and after its acceptance in writing by the Company, which acceptance must be filed with the City Secretary of the City of Wylie within thirty ( 30 ) days after the final passage of this Ordinance . SECTION 16 . The City Secretary is hereby authorized and directed to make appropriate endorsements over her official hand and the seal of the City of Wylie and attach for recording at the conclusion of this Ordinance showing the dates upon which this Ordinance shall have been read and the date of final passage of this Ordinance ; and the date upon which this Ordinance shall take effect . PASSED AND APPROVED THIS THE DAY OF , 1985 . John W. Akin , Mayor ATTEST: CITY SECRETARY APPROVED: CITY ATTORNEY 0 ORDINANCE NO. AN ORDINANCE GRANTING TO FARMERS ELECTRIC COOPERATIVE , INC . , A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE AN ELECTRIC LIGHT, HEAT AND POWER BUSINESS AND SYSTEM IN THE CITY OF WYLIE, TEXAS AND PRESCRIBING THE TERMS , CONDITIONS AND OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDE FOR PUBLICATION NOTICES. WHEREAS , Farmers Electric Cooperative , Inc . , hereinafter referred to as the "Company" is now and has been engaged in the electric light , heat and power business' in the State of Texas and in furtherance thereof has erected and maintained certain items of it ' s distribution system in the City of Wylie , Texas , hereinafter referred to as the "City" , for many years pursuant to such rights as has been granted it by and under the laws of the State of Texas , City of Wylie or any other governmental authority which may have the right to regulate the Company ; and WHEREAS , it is to the mutual advantage of both the City and the Company that an agreement should be entered into between the Company and the City establishing the conditions under which the Company shall operate in the City of Wylie ; now therefore , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS: SECTION 1 . There is hereby granted to Farmers Electric Cooperative , Inc . a corporation , its successors and assigns , the right and privilege and franchise to construct , maintain , and operate an electric light , heat and power business and system in the City of Wylie and for that purpose to have , acquire , place , remove , construct , reconstruct , extend , maintain , and operate along , across , on , over , through , above , and under the present and future streets , alleys , parkways , and other public grounds and places within the present limits of the City and within said limits as the same from time to time may be extended , a system of poles , wires , anchors , cables , manholes , conduits , and other facilities and equipment used in or incident to the giving of electric service in the City within its present limits or as such limits may be extended , for the considerations and subject to the conditions , terms , duties , obligations , limitations , and regulations herein prescribed , and all statutes , charter provisions , ordinances , rules and regulations applicable to the Company and its operations . SECTION 2 . The poles , wires , anchors , cables , manholes , conduits , and other facilities , construction , and 1 appurtenances now used in or incident to the giving of electric service and other maintenance of the electric service and system by the Company in the City shall remain as now constructed , subject to such reasonable changes as may be considered necessary or desireable by the City or other applicable regulatory authority and subject to such changes as under the limitations and conditions herein prescribed and all applicable statutes , charter provisions , ordinances , rules and regulations may be considered necessary by the Company in the exercise of its business of furnishing electric service . All extensions , replacements , construction , or reconstruction of any such equipment or facilities undertaken by the Company , and the location , relocation , routing , and re—routing of all poles , wires , anchors , cables , manholes , conduits , and other facilities hereafter constructed or reconstructed within the limits of the City of Wylie by the Company , either overhead or underground , shall be subject to reasonable control , regulation , and that direction of the City , or any City official designated by the City Council for that purpose . All poles used in the electric light , heat and power system shall be of sound material and reasonably straight and shall be so set that they will not interfere with the flow of water in any gutter or drain and so that the same will interfere as little as practicable with the ordinary travel on alleys , streets , or sidewalks . SECTION 3 . The surface of any street , alley , highway , or public place disturbed by the Company in the building , constructing , renewing , or maintaining of its electric plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work, and maintain to the satisfaction of the City or of the City official designated as provided in Section 2 hereof for one ( 1 ) year from the date the surface of said street alley , highway , or public place is broken for such construction or maintenance work , after which time such maintenance shall become the responsibility of the City . No street , highway , or public place shall be encumbered for a longer period than shall be necessary to execute the work. The City may , from time to time , adopt reasonable ordinances regulating such work including , but not limited to , the times and extent of any such encumbrance . SECTION 4 . The City shall at all times have the right and power to require fair and reasonable extension and type of service to customers , taking into consideration the circumstances , conditions , and cost involved . the City may , by ordinance , adopt policies regulating such extension and service , subject , however , to any regulations of the State of Texas or United States which may supersede same . 2 SECTION 5 . In the conduct of its business and in the construction , reconstruction , or location or relocation of any lines or equipment as herein provided (also see Section 11 ) , the Company shall comply with all reasonable regulations and requirements of the City or other applicable regulatory authority and upon default by the Company to comply with any specific regulation or requirement the City , after reasonable notice to the Company and opportunity to be heard , may proceed to perform or carry out such regulation or requirement , and the expense thereof shall be borne by the Company . SECTION 6 . The Company shall protect and hold the City harmless against all claims for damages to any person or property by reason of the construction and maintenance of the Company ' s system and facilities or in any way growing out of the granting of this franchise , either directly or indirectly , or by reason of any act , negligence , or nonfeasance of the contractors , agents or employees of the Company ; and the Company shall refund to the City all sums which may arise or grow out of the exercise of the rights and privileges hereby granted or the abuse thereof , and the Company shall indemnify and hold the City harmless from and on account of all damages , costs , expenses and causes of action that may accrue to or be brought by any person or corporation at any time hereafter by reason of the exercise of the rights and privileges hereby granted and proximately caused by the Company . SECTION 7 . The Company shall maintain all of its equipment and facilities in reasonable operating condition at all normal times during the continuance of this franchise . An exception to this condition is automatically in effect when service furnished by the Company is interrupted , impaired , or prevented by fires , strikes , riots , or other occurrences beyond the control of the Company , or by storms , floods , or other casulaties , in any of which events the Company shall do all things reasonably within its power to do to restore normal service . SECTION 8 . The company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures . The expense of such temporary removal , raising or lowering of wires shall be paid by the benefited party or parties , and the Company may require such payment in advance . The Company shall be given reasonable notice not less than seventy—two ( 72) hours advance notice to arrange for such temporary wire changes . 3 SECTION 9 . The right , license , privilege and permission is hereby granted to the Company , its successors and assigns , to trim trees upon and overhanging the streets , alleys , sidewalks and public places of the City , so as to prevent the branches of such trees from coming in contact with the wires or cables of the Company , and when so ordered by the City , said trimming shall be done under the supervision and direction of the City or the City official designated uder the provisions of Section 2 hereof . SECTION 10 . To indemnify the City for the use of its streets , alleys , and public ground authorized hereby and to compensate the City for its superintendence of this franchise and the performance of the City ' s regulatory functions , which such regulation the City shall exercise and to which the Company shall be subject , to the extent authorized by law , and as the cash consideration for the same , the Company agrees to pay to the City annually , beginning on January 1 , 1986 , and during the continuance of this franchise a sum of money equal to three percent ( 3%) of the annual gross receipts for the preceding year received by the Company from the rendition of all electric , heat and power service revenues , but not limited to all sales of electric energy and power , interest income , income from miscellaneous physical property , connections , moves , changes , directory advertising and sales and all other operating revenues within the corporate limits of the City . Payment shall be made as follows : A . On or before March 15 , 1987 , the Company shall pay to the City a sum of money equal in the amount to three percent ( 3%) of the gross receipts received by the Company from the rendition as described herein from all local electric , heat , power , and other revenues within the corporate limits of the City from January 1 , 1986 to and including December 31 , 1986 . B . Payments based on the gross receipts for each of the years subsequent to calendar year 1986 shall be made on or before March 15 of the succeeding year . C . For the calendar year 1985 , the sum of three percent (3%) of gross revenues to be paid will be pro—rated , based on the period of time the franchise is in effect . D . The City agrees that the consideration set forth in the preceding paragraphs hereof shall be paid and received in lieu of any tax , license , charge , fee , street or alley rental or any other character of charge for use and occupancy of the streets , 4 f • alleys and public places in the City , in lieu of any pole tax or inspection fee tax and in lieu of any easement or franchise tax , whether levied as an ad valorem , special , or other character of tax . However , said consideration ( 1 ) shall not be in lieu of any imposition expressly provided for herein , ( 2) shall not be in lieu of the usual general or special ad valorem taxes now or hereafter levied , and (3) shall not be in lieu of any other obligation to make payments or reimbursements to the City as provided or required by applicable law . SECTION 11 . If reasonably ordered by the City in connection with the widening or relocation of any street or alley , or other public improvement , the Company shall , upon thirty (30) days notice from the City , relocate any poles , conduits , wires and other structures and appurtenances or any extention thereof located within the present and future streets , alleys and public places as directed by the City without cost to the City of Wylie , Texas but at the expense of the Company . Company shall give the City ninety ( 90 ) days notice in advance of construction of any transmission line within the City . SECTION 12 . Company shall use reasonable diligence to supply electric utility service to said City and its inhabitants . The service shall be subject to such rules , regulations and service standards as may be approved by the City of Wylie , Texas . The Company may require reasonable security for the payment of its bills . SECTION 13 . This franchise shall be in force and effect for a full term and period of ten ( 10) years from and after its effective date hereinafter provided , unless sooner terminated by reason of default of the Company , but the City shall have the right to cancel this franchise and forfeit all rights thereunder after default in the performance by the Company of any reasonable regulations provided for herein has been judicially ascertained . This franchise shall be subject to a renewal option by joint agreement with Company and City therein for a period of five (5) years . SECTION 14 . This franchise is granted subject to the provisions of Section 2 , Article X , of the Charter of the City of Wylie , Texas . Nothing contained in this franchise shall limit or interfere with any power conferred upon the Public Utility Commission of Texas . SECTION 15 . In compliance with the provisions of the Charter of the City of Wylie , this Ordinance , upon being introduced at a regular meeting of the City Council shall be read at two (2) separate regular meetings of the City Council , and shall not be finally acted upon until thirty 5 • (30) days after the first reading ; and this Ordinance shall take effect thirty (30) days after its final passage , as made and provided by the Charter of the City of Wylie , Texas and after its acceptance in writing by the Company , which acceptance must be filed with the City Secretary of the City of Wylie within thirty (30) days after the final passage of this Ordinance . SECTION 16 . The City Secretary is hereby authorized and directed to make appropriate endorsements over her official hand and the seal of the City of Wylie and attach for recording at the conclusion of this Ordinance showing the dates upon which this Ordinance shall have been read and the date of final passage of this Ordinance ; and the date upon which this Ordinance shall take effect . SECTION 17 - SEVERABILITY : It is hereby declared to be the intention of the City Council that the sections , paragraphs , sentences , clauses and phrases of this ordinance are severable and if any phrase , clause , sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction , such unconstitutionality or invalidity shall not affect any other remaining phrase , clause , sentence paragraph or section of this ordinance ; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 18 - PUBLICATION : A caption and summary of this ordinance shall be published in accordance with Article X , Section 3 of the City of Wylie Charter as well as provide for the effective date being thirty (30) days after final adoption by the City Council . SECTION 19 - EFFECTIVE DATE: In accordance with the Charter of the City of Wylie , this Ordinance shall become effective on December 13 , 1985 . PASSED AND APPROVED THIS THE DAY OF 1985 . John W. Akin , Mayor ATTEST : CITY SECRETARY APPROVED : CITY ATTORNEY J -�0 ^ . . ORDINANCE NO. / AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE �/ ^Y SURVEY, ABSTRACT NO. UPON PETTION OF WHEREAS, A, _ has filed a written petition to annex the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: ' �-�^/ SURVEY PLAT• 557 2.555 • S 89° 05'22" W \i. 5� •• 1.086.77' �a • N 00° 34' 2 11.265 AC ES / 45►.85' I"=200' S 00° 34' 2614 451.65' • N 89° OS'22"E Zumimmmimmm' \ N 89° 08' 13"E 846.46' 240.30' Situated in Collin County, Texas in the W.D. Barnett Survey Abstract No. 56 and being part of a 32.557 acre tract described in a deed from Kathleen M. Moore et al to Kenneth W. Martin described in Volume 1169 Page 656 of the Collin County Deed Records and part of a 32.555 acre tract described in a deed from Kenneth W. Martin et al to Kathleen M. Moore recorded in Volume 1169 Page 660 of the Collin County Deed Records and being more fully described as follows : BEGINNING at an iron stake in the most Easterly Southwest corner of the said 32.557 acre tract. THENCE North 89 deg 05 min 22 sec East, 846.46 ft. to an iron stake. THENCE North 89-deg-08 min 13 sec East, 240.30 ft. to a stake. THENCE North 0 deg 34 min 26 sec East, a distance of 451 .85 ft. to a stake. THENCE South 89 deg 05 min 22 sec West, a distance of 1086. 77 ft. to a stake in an inner corner of the said 32.555 acre tract. THENCE South. 0 ceg 34 min 26 sec West, a distance of 451 .65 ft. to the place of beginning containing 11 .265 acres of land. May 24, 1985: crihra o ell4f.. c-iso •q�' Registered Public Surveyor *'. •�� JOHN V. CANTRELL • .o� 755 6N;ply/STBf'','-1`� ZiC�SUR��' • • . . ` ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City o+ Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND VED THIS THE DAY OF --, John W. Akin , Mayor ATTEST: ' ' ----- |` Carolyn Jones, City Secretary PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes Stanley A. Moussa of the County of Dallas and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner- or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County,- texas, and described as follows: BEGINNING at an iron stake in the most Easterly Southwest corner of the said 32.557 acre tract. THENCE North 89 deg. 05 min. 22 sec. East, 846.46 ft. to an iron stake; THENCE North 89 deg. 08 min. 13 sec. East, 240. 30 ft to a stake; THENCE North 00 deg. 34 min. 26 sec. East, a distance of 451 .85 ft. to a stake; THENCE South 89 deg. 05 min. 22 sec. West , a distance of 1086. 77 ft. to a stake in an inner corner of the said 32 .55 acre tract; THENCE South 00 deg. 34 min . 26 sec. West , a distance of 451 . 65 ft. to the place of beginning and containing 11 .265 acres of land . 3/ PETITION FOR ZONING CONT' D. PAGE 2 Said Stanl A. Moussa represents that he and all other owners desire the zoning to be changed from Agricutural Distrigt to MF in ce with the current Zoning Ordinance and malting said on i ng nsubject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respettfull prays that the land above described bne zoned by the said City of Wylie, Texas , as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the day of June 3rd � , 198 1 .,) Signature Stanley A. Moussa Please Print Name 1451 Wycliff Avenue Street address or Box No. Dallas TX 75207 City Texas Zip (214 ) 631-1902 Telephone ��J 1 , THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Stanley A. M0ussa , known to me to be the person whos name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal office this the/ 3rd day of June , 199 5_. 7 , — / Notary Public , Collin Co,tr,ty, Te;•:as _____ SURVEY PLAT s 7- ,• ,i�„` S 89° 05.22"W 0%•� • / 1,086.77' a" N 00°34'26"E Ii.265 ACRES / 45,.85 - SCALE I":200 \5 00° 34 26 W 451.65' N 89° 05.22 E/ N 89° 08 13 E 240.30 846.46' Situated in Collin County, Texas in the W.O. Barnett Survey Abstract i+cr. 56 and being part of a 32.557 acre tract descrihed in a need corn Kathleen M. Moore et al to Kenneth W. Martin described in Volume II1,9 Page 656 of the Collin County Deed Record•, and part of a 3'.555 acre tract described in a deed from Kenneth W. Martin et al to Kathleen M. Moore recorded in Volume llb9 Page 660 of the Collin County Deed Records and being more fully described as follows: BEGINNING at an iron stoke in the most Easterly Southwest corner nt the said 32.551 acre tract. THENCE North 89 deg 05 min 7? sec East, 846.46 ft. t an iron stake. 1.14Jiai u.,,.., ua a ,,.al it-asi,,-240-,.tA fit. -tv•a st.4xe: — THENCE Nortn 0 deg 34 min i6 ,ec East, a distance of 4tiI .85 ft. to a starve. THENCE South 89 deg 05 min sec West, a distance of 1086.77 ft. to o stage an inner corner of the said a[.555 acre tract. THENCE South 0 ceg 34 min 26 sec West, a distance of ( )1 .55 ft. to the place beginning containing 11 .265 acres of land. M 24, 1985 ILL ,G/ g 1�•�E.OF•TFfi John V.Cafftreli *,. T•y '%.0 Registered Public Surveyor � ..,I •„ :* JOHN V.CANTRELL A'. 755 GEUHEy0Q S 4�� .., .° oO :90.'.0S6- ,. °- ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE' WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to` the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinionzoning which is on application of should be granted and the Comprehen*th -Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: 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 district classification to-wit: Said property being described as follows: La � n =~~ SURVEY PLAT z 555 557 S 89° 05' 22" W • - ;�\�� l 1,086.7 7' 1 ;•.t, \). _ N 00° 34. 2 1I.265 AC ES / 45'.85' 1 200' \S 00° 34' 26.4 451.65' N 89° 05'22" E \ N 99° 08 13"E 846.46' 240.30' Situated in Collin County, Texas in the W.D. Barnett Survey Abstract No. 56 and being part of a 32. 557 acre tract described in a deed from Kathleen M. Moore et al to Kenneth W. Martin described in Volume 1169 Page 656 of the Collin County Deed Records and part of a 32 .555 acre tract described in a deed from Kenneth W. Martin et al to Kathleen M. Moore recorded in Volume 1169 Page 660 of the Collin County Deed Records and being more fully described as follows : BEGINNING at an iron stake in the most Easterly Southwest corner of the said 32 . 557 acre tract. THENCE North 89 deg 05 min 22 sec East, 846.46 ft. to an iron stake. THENCE North 89-deg 08 min 13 sec East, 240. 30 ft. to a stake. THENCE North 0 deg 34 min 26 sec East, a distance of 451 .85 ft. to a stake. THENCE South 89 deg 05 min 22 sec West, a distance of 1086. 77 ft. to a stake in an inner corner of the said 32.555 acre tract. THENCE South 0 ceg 34 min 26 sec West, a distance of 451 .65 ft. to the place of heginning containing 11 .265 acres of land. May 24, 1985 OFrF adtrel 1 �''�' * Registered Public Surveyor JOHN V. CANTRELL ,;%. � 755 e,%,:k+/STEW:• •;�O 4/6•SUR.��- • 39 . SECTION C, That all ordinances of the City in conflict v i i the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not conflict with the provisions of this ordinance shall re,(Tin :ir-n fc.cll force and effect . SECTION 3. That the above described property shall be only in the manner and for the proposes provided for in t..l-lr_, Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph , sentence, subdivision,, clause, phrase or section of this ordinance b.;! adjudged or held to be unconstitutional , illegal or invlai. d ., the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION `_;. That any person, firm or corporation violat.:ne, any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended• and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper devel opment and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED By THE CITY COUNCIL OF THE CITY OF YL._I E, TEXAS, this the __/4 /25.___ day of __ JOHN W. AKIN, NA-. ATTEST: Carolyn Jones, City Secretary -41D . ORDINANCE NO. _________ AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE ClTY OF WYLIE, COLLI S, A TRACT OF LAND OF THE SURVFY ABSTRACT NO. PE [TION OF WHEREAS _ has filed a written petitio annex to the City of Wylie, Collin County, Texas, ��� tract of land hereinafter described, which sa � i tract of land less than three (3) qualified voters resi ' }. ' all of which said facts the City Council hereby finds io true and correct; and WHEREAS, such petition has been heard and considered bv 1 , City Council , and it been decided that such annexation o � such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that su , petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described b,, metes and bounds as follows, to-wit : ' el ' EXHIBIT "A" Description of Ereckson Tracts Being those certain lots , tracts or parcels of land , sit- uated in Collin County , Texas , and being parts of 13 . 957 acs . of land conveyed by Arthur Davila et ux to Jick Housewright and Earl Parsons by deed recorded in Vol . 500 , page 389 of the Deed Records of Collin County , Texas , described as fol- lows : FIRST TRACT: Beginning at a stake in the North Line of said 13 . 957 acre tract , from which stake the Northwest corner of said tract bears West 57 . 3 feet ; THENCE S . 00 deg . 19 min . W. parallel to and 57 . 3 feet East of the West line of said 13 . 957 acre tract 760 feet to a stake in the South line thereof ; THENCE East with the South line of said 13 . 957 acre tract 114 . 6 feet to a stake therein ; THENCE N . 00 deg . 19 min . E. 760 feet to a stake in the North line of said 13 . 957 acre tract ; THENCE West 114 . 6 feet to the place of beginning , and containing 2 . 00 acres of land , and being the same Tract as conveyed by and described in that certain War- ranty Deed dated March 21 , 1961 , wherein Jick Housewright and Earl Parsons are Grantors and John H . Ereckson and Alline Ereckson are Grantees, of record at Vol . 580 , Pg . 589 , Deed Records of Collin County , Texas , subject to the reservations , easements and restrictions therein set out ; SECOND TRACT : Beginning at the Northwest corner of said 13 . 957 acre tract ; THENCE West 57 . 3 feet ; THENCE S . 00 deg . 19 min . West parallel to and 57 . 3 feet from the West line of said 13 . 957 acre tract 760 feet to a stake in the South line thereof ; THENCE East with the South line 13 . 957 acre tract 57 . 3feettotheSouthwestcornerthereof ; THENCE N. 00 deg . 19 min . he West line of said tract13 . 957acreEast 760 feet to the place ofbeginning and containing one acre of land more or less , being the same Tract as conveyed by and described in that certain Warranty Deed dated June 21 , 1958 , wherein Jick Housewright and Earl Parsons are Grantors and John H . Ereckson is Grantee , of record at Vol . 541 , Pg . 61 , Deed Records of Col- lin County , Texas , subject to the reservations , easements and restrictions therein set out . • EXHIBIT "B" Agreements Attached to Ereckson Annexation The City of Wylie , Texas , for and in consideration of the agreement by John H . Ereckson to request annexation of the 3 acre tract situated on FM 3412 herein described , agrees to the following : 1 . To classify for zoning purposes the entire Ereckson tract as "Agricultural" under Section 8 of the Zon- ing regulations of the City of Wylie ; 2 . To tie the new 8" water line into the Ereckson water meter on or before the effective date of annexation , it being understood that time is of the essence in this instance (it is understood by Ereckson that an additional 45 days (approximate ) will be necessary to clear and test the line after the line connection has been made ) ; 3 . That even though Ereckson claims ownership of the water meter situated in front of his residence , City will accept the transfer of the meter to it with the understanding that any and all service and replacement costs shall be assum- ed by the City as long as Ereckson owns the property ; 4 . That the City shall not assess any fees relating to the water connection other than the amount of $1 , 074 . 00 as set out in the City ' s letter of November 30 , 1984 , SAVE and EXCEPT that Ereckson shall be responsible for only those fees resulting from water usage payable on a monthly basis as are the citizens of Wylie ; 5 . That Ereckson be permitted to pay the connect - ion amount set out under No . 4 above on a monthly basis with- out interest at a rate of $20 . 00 added to his regular monthly water statement ; 6. That Ereckson shall be entitled to utilize the presently installed septic tanks and for a reasonable time thereafter until the sewer lines of the City are installed and become reasonably available to Ereckson to make connect- ion to his residence ; 7 . That Ereckson be permitted and authorized to com- plete a 24 ft . by 34 ft . addition ( extension) to his barn , with concrete floor and conforming metal siding without the necessity of a permit and without the "cease and desist " order for lack of such permit , it being understood , further , by the City , that such extension , upon completion , shall be approximately ten ( 10) feet from the east property line of Ereckson ; PROVIDED, HOWEVER , that the building herein described shall be completed within one ( 1 ) year from the date of annexation of the Ereckson tract to the City of Wylie ; and 8. That the City of Wylie shall hold Ereckson harm- less of and agrees to pay any and all reasonable attorneys fees , court costs , and other expenses in connection thereto as may be incurred by Ereckson to enforce the terms and con- ditions of this Agreement . The foregoing is attached to and made a part of the request of John H Ereckson for annexation of his 3 acre tract located on FM 3412 , Collin County , Texas , which , when accepted by the City of Wylie resulting in the annexation of the Ereckson property shall constitute a valid and binding agreement and contract between the parties hereto . 7� . . ORDINANCE NO. _____________ CONT' D. be received, annexed to, and made part of - and the same � s hereby received, annexed to, and made part of - the City c` Wylie, Collin County, Texas, subject to all laws, rules a,"i regulations of said City. The fact that such annexation of said tract of land will �s to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create a,i emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASS PROVED THIS THE _ DAY OF John W. Akin, Mayo[- ATTEST: - ----------------------------- Carolyn Jones, City Secretary PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: rel0FLymes '�j' w _ of the County of nd the trite o Texas, and represents to the City E.uncil of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: 4 PETITION FOR ZONING CONT' D. PAGE 2 Said -////4C1 -14(1,2- represents that he and all othe nets desire he zoning to be changed from Va h di, in accordance with the current Zoning Or i nce and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respectful ) prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. WitnessWitness449, hand of this pet i ti on/ t ' the day of - 7/ - , 198_`�_, 4-(zz- _ < ---- Signature /V-ZGZ/4-/?74 (k4u.,(2 .i12/41-} 122A&Z/te Jr-4.465,Lid ee,e Please Print Name Street address or Box No. Z4/116 City Texas Zip //�� ^ •oJoa/4/7 Telephone y 7 • • • (Th THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the u e igne No ary Fublic on this day personally appeared known to me to be the person whos„/nc, i subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the day of , 198 Notary Public, Collin County, Texas EXHIBIT "A" Description of Ereckson Tracts Being those certain lots , tracts or parcels of land , sit- uated in Collin County , Texas , and being parts of 13 . 957 acs . of land conveyed by Arthur Davila et ux to Jick Housewright and Earl Parsons by deed recorded in Vol . 500 , page 389 of the Deed Records of Collin County , Texas , described as fol- lows : FIRST TRACT: Beginning at a stake in the North Line of said 13. 957 acre tract , from which stake the Northwest corner of said tract bears West 57 . 3 feet ; THENCE S . 00 deg . 19 min . W. parallel to and 57 .3 feet East of the West line of said 13. 957 acre tract 760 feet to a stake in the South line thereof; THENCE East with the South line of said 13 .957 acre tract 114 . 6 feet to a stake therein; THENCE N . 00 deg . 19 min. E. 760 feet to a stake in the North line of said 13. 957 acre tract ; THENCE West 114. 6 feet to the place of beginning , and containing 2.00 acres of land , and being the same Tract as conveyed by and described in that certain War- ranty Deed dated March 21 , 1961 , wherein Jick Housewright and Earl Parsons are Grantors and John H. Ereckson and Alline Ereckson are Grantees, of record at Vol . 580, Pg . 589 , Deed Records of Collin County , Texas , subject to the reservations , easements and restrictions therein set out ; SECOND TRACT:Beginning at the Northwest corner of said 13 . 957 acre tract ; THENCE West 57 . 3 feet ; THENCE S . 00 deg. 19 min . West parallel to and 57 . 3 feet from the West line of said 13. 957 acre tract 760 feet to a stake in the South line thereof ; THENCE East with the South line of said 13 . 957 acre tract 57 . 3 feet to the Southwest corner thereof ; THENCE N . 00 deg . 19 min . East with the West line of said 13 .957 acre tract 760 feet to the place of beginning and containing one acre of land more or less , being the same Tract as conveyed by and described in that certain Warranty Deed dated June 21 , 1958, wherein Jick Housewright and Earl Parsons are Grantors and John H. Ereckson is Grantee , of record at Vol . 541 , Pg . 61 , Deed Records of Col- lin County , Texas , subject to the reservations, easements and restrictions therein set out . �9 , ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of L!x� -State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Govern/ og Body is of the opinion tchange of zoning whic� is on application Ad shoul � be granted and therehens�' s �tild n��n�-Ordinance of-- the City of Wylie should be amended in the exercise of its legislative discretion: 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 district classification to-wit: Said property being described as follows: EXHIBIT "A" Description of Ereckson Tracts Being those certain lots , tracts or parcels of land , sit- uated in Collin County , Texas , and being parts of 13 . 957 acs . of land conveyed by Arthur Davila et ux to Jick Housewright and Earl Parsons by deed recorded in Vol . 500 , page 389 of the Deed Records of Collin County , Texas , described as fol- lows : FIRST TRACT : Beginning at a stake in the North Line of said 13 . 957 acre tract , from which stake the Northwest corner of said tract bears West 57 . 3 feet ; THENCE S . 00 deg . 19 min . W. parallel to and 57 . 3 feet East of the West line of said 13 . 957 acre tract 760 feet to a stake in the South line thereof ; THENCE East with the South line of said 13 . 957 acre tract 114 . 6 feet to a stake therein ; THENCE N . 00 deg . 19 min . E . 760 feet to a stake in the North line of said 13 . 957 acre tract ; THENCE West 114 . 6 feet to the place of beginning , and containing 2. 00 acres of land , and being the same Tract as conveyed by and described in that certain War- ranty Deed dated March 21 , 1961 , wherein Jick Housewright and Earl Parsons are Grantors and John H . Ereckson and Alline Ereckson are Grantees, of record at Vol . 580 , Pg . 589 , Deed Records of Collin County , Texas , subject to the reservations , easements and restrictions therein set out ; SECOND TRACT : Beginning at the Northwest corner of said 13 . 957 acre tract ; THENCE West 57 . 3 feet ; THENCE S . 00 deg . 19 min . West parallel to and 57 . 3 feet from the West line of said 13 . 957 acre tract 760 feet to a stake in the South line thereof ; THENCE East with the South line of said 13 . 957 acre tract 57 . 3 feet to the Southwest corner thereof ; THENCE N . 00 deg . 19 min . East with the West line of said 13 . 957 acre tract 760 feet to the place of beginning and containing one acre of land more or less , being the same Tract as conveyed by and described in that certain Warranty Deed dated June 21 , 1958 , wherein Jick Housewright and Earl Parsons are Grantors and John H . Ereckson is Grantee , of record at Vol . 541 , Pg . 61 , Deed Records of Col- lin County , Texas , subject to the reservations , easements and restrictions therein set out . EXHIBIT "B" Agreements Attached to Ereckson Annexation The City of Wylie , Texas , for and in consideration of the agreement by John H. Ereckson to request annexation of the 3 acre tract situated on FM 3412 herein described , agrees to the following : 1 . To classify for zoning purposes the entire Ereckson tract as "Agricultural" under Section 8 of the Zon- ing regulations of the City of Wylie ; 2 . To tie the new 8" water line into the Ereckson water meter on or before the effective date of annexation , it being understood that time is of the essence in this instance ( it is understood by Ereckson that an additional 45 days (approximate ) will be necessary to clear and test the line after the line connection has been made ) ; 3 . That even though Ereckson claims ownership of the water meter situated in front of his residence , City will accept the transfer of the meter to it with the understanding that any and all service and replacement costs shall be assum- ed by the City as long as Ereckson owns the property ; 4. That the City shall not assess any fees relating to the water connection other than the amount of $1 , 074 . 00 as set out in the City ' s letter of November 30, 1984, SAVE and EXCEPT that Ereckson shall be responsible for only those fees resulting from water usage payable on a monthly basis as are the citizens of Wylie ; 5 . That Ereckson be permitted to pay the connect - ion amount set out under No . 4 above on a monthly basis with- out interest at a rate of $20 . 00 added to his regular monthly water statement ; 6 . That Ereckson shall be entitled to utilize the presently installed septic tanks and for a reasonable time thereafter until the sewer lines of the City are installed and become reasonably available to Ereckson to make connect- ion to his residence; 7 . That Ereckson be permitted and authorized to com- plete a 24 ft . by 34 ft . addition (extension) to his barn , with concrete floor and conforming metal siding without the necessity of a permit and without the "cease and desist " order for lack of such permit , it being understood , further , by the City , that such extension , upon completion , shall be approximately ten ( 10) feet from the east property line of Ereckson ; PROVIDED, HOWEVER , that the building herein described shall be completed within one ( 1 ) year from the date of annexation of the Ereckson tract to the City of Wylie ; and 8 . That the City of Wylie shall hold Ereckson harm- less of and agrees to pay any and all reasonable attorneys fees , court costs , and other expenses in connection thereto as may be incurred by Ereckson to enforce the terms and con- ditions of this Agreement . The foregoing is attached to and made a part of the request of John H Ereckson for annexation of his 3 acre tract located on FM 3412 , Collin County , Texas , which , when accepted by the City of Wylie resulting in the annexation of the Ereckson property shall constitute a valid and binding agreement and contract between the parties hereto . ^ . - SECTION 2. That all ordinances of the City in conflict wmk 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 remai . in full force and effect . SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in Lh� Comprehensive Zoning Ordinance of the City as amended here , n by the granting of this zoning classification . SECTION 4. That should any paragraph , sentence, subdivision, clause, phrase or section of this ordinance b , adjudged or held to be unconstitutional , illegal or invlaiJ , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides' DULLY PASSED By THE CITY COUNCIL OF THE CITY OF WYLIE, l TEXAS, this the day of. --------- JOHN W. AKIN, MAYOR ATTEST: ------------------------------ Carolyn Jones, City Secretary / ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, LLIN COUNTY, TEXAS, A TRACT OF LAND OF THE 7_2_L___ __-._-141��2z ----.- SURVEY, ABSTRACT NO. -_-ar( , UPON PE:TTION OF F & /? /2 WHEREAS, .K/4,. ---- _- has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS„ such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such pet i. ton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land , described by metes and bounds as follows, to-wit: g i/ J • EXHIBIT "A" Description of the Bramlett Tract Being that certain lot , tract or parcel of land lying and situated in Collin County , Texas , and being a part of the E. C . DAVIDSON SURVEY , ABSTRACT NO. 266 , and being a part of 13 . 957 acres of land conveyed by Arthur Davilla et ux to Jick Housewright and Earl Parsons by Deed recorded in Vol . 500 , Pg . 389 , Deed Records of Collin County , Texas , and being more particularly described as follows : BEGINNING at an iron stake in the North line of said 13 . 957 acre tract , said stake being S . 89 deg . 49 min . E . , 171 . 9 feet from the Northwest corner of said tract ; THENCE S. 89 deg . 49 min . E. along the North line of said 13 . 957 acre tract , 114 . 60 feet to an iron stake for cor - ner ; THENCE S . 0 deg . 19 min . W. , 300 . 00 feet to an iron stake for corner_; THENCE S . $9 deg . 49 min . E . , 114 . 60 feet to an iron stake for corner ; THENCE S . 0 deg . 19 min . W. , 323 . 76 feet to an iron stake for corner ; THENCE S . 48 deg . 26 min . W. , along the Northwest right - of-way line of TP & L , 204 . 60 feet to an iron stake for cor - ner ; THENCE N. 89 deg . 49 min . W. , 76 . 88 feet to an iron stake for corner ; THENCE N . 0 deg . 19 min . E . , 760 . 00 feet to the point of beginning and containing 2 . 97 acres of land . EXHIBIT "B" Agreements Attached to Bramlett Annexation The City of Wylie , Texas , for and in consideration of the agreement by Ledon Bramlett to request annexation of the 2 . 97 acre tract situated on FM 3412 herein described , agrees to the following : 1 . To classify for zoning purposes the entire Bramlett tract as "Agricultural" under Section 8 of the Zon- ing regulations of the City of Wylie ; 2 . To tie the New 8" water line into the Bramlett water meter on or before the effective date of annexation , it being understood that time is of the essence in this instance ( it is understood by Bramlett that an additional 45 days (approximate) will be necessary to clear and test the line after the line connection has been made ) ; 3 . That even though Bramlett claims ownership of the water meter situated in front of his residence , City will accept the transfer of the meter to it with the understanding that any and all service and replacement costs shall be assum- ed by the City as long as Bramlett owns the property ; 4 . That the City shall not assess any fees relating to the water connection other than the amount of $817 . 50 as set out in the City ' s letter of November 30 , 1984 , SAVE and EXCEPT that Bramlett shall be responsible for only those fees resulting from water usage payable on a monthly basis as are the citizens of Wylie ; 5 . That Bramlett be permitted to pay the connect - ion amount set out under No . 4 above on a monthly basis with- out interest at a rate of $20 . 00 added to his regular monthly water statement ; 6 . That Bramlett shall be entitled to utilize the presently installed septic tanks and for a reasonable time thereafter until the sewer lines of the City are installed and become reasonably available to Bramlett to make connect - ion to his residence ; 7 . That Bramlett be permitted and authorized to com- plete a 20 ft . by 40 ft . utility building for tractor & tools with concrete floor and conforming metal siding without the necessity of a permit and without the "cease and desist " order for lack of such permit ; PROVIDED , HOWEVER, that the building herein described shall be completed within one ( 1 ) year from the date of annexation of the Bramlett tract to the City of Wylie ; 8. That the City of Wylie shall remove the concrete reservoir located in the front yard of Bramlett ' s residence , partly within the road right-of-way and partly within his pro - perty line , by crushing in its sides and opening drain pas- ages and holes in the bottem (to permit drainage) and filling the removed reservoir with dirt to ground level , PROVIDED , HOWEVER, that Bramlett obtain releases from all homeowners who are tied into and use the concrete water reservoir to per- mit such removal and , further , that he obtain from such per- sons agreements not to use the old water line presently ex- isting therefrom ; 9 . That the City of Wylie shall hold Bramlett harm- less of and agrees to pay any and all reasonable attorneys fees, court costs , and other expenses in connection thereto as may be incurred by Bramlett to enforce the terms and con- ditions of this Agreement . The foregoing is attached to and made a part of the request of Ledon Bramlett for annexation of his 2 . 97 ac . tract located on FM 3412 , Collin County , Texas , which , when accepted by the City of Wylie -resulting in the annexation of the Bramlett property shall constitute a valid and binding agreement and contract between the parties hereto . - � - ORDINANCE NO. _____________ CONT' D. be received, annexed to, and made part of - and the same , s hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create a� emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE ' DAY OF ���- John W. Akin, Mayor ATTEST: ' Carolyn Jones, City Secretary .=' � PETITION FOR ZONING THE STATE OF TEXAS : COUNTY OF COLLIN : TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS : No c ales Or //�1 /C�5J/�:�.Ll. of the County of (. 1—/-1) : nd the State of Texas , and represents to the Cit Counci of the sa id aid City of Wylie , Texas , that he is the owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie , in Collin County , texas , and described as follows : " - (;) jaez "_dg tztAJ 4 ",/, oD n EXHIBIT "A" Description of the Bramlett Tract Being that certain lot , tract or parcel of land lying and situated in Collin County , Texas , and being a part of the E.C. DAVIDSON SURVEY , ABSTRACT NO. 266 , and being a part of 13 . 957 acres of land conveyed by Arthur Davilla et ux to Jick Housewright and Earl Parsons by Deed recorded in Vol . 500 , Pg . 389 , Deed Records of Collin County , Texas , and being more particularly described as follows : BEGINNING at an iron stake in the North line of said 13 . 957 acre tract , said stake being S . 89 deg . 49 min . E. , 171 . 9 feet from the Northwest corner of said tract ; THENCE S . 89 deg . 49 min . E. along the North line of said 13 . 957 acre tract , 114 . 60 feet to an iron stake for cor - ner ; THENCE S . 0 deg . 19 min . W. , 300 . 00 feet to an iron stake for corner ; • THENCE S . 89 deg . 49 min . E. , 114 . 60 feet to an iron stake for corner ; THENCE S . 0 deg . 19 min , W . , 323 . 76 feet to an iron stake for corner ; THENCE S . 48 deg . 26 min . W . , along the Northwest right - of-way line of TP & L , 204 . 60 feet to an iron stake for cor- ner ; THENCE N. 89 deg . 49 min . W . , 76 . 88 feet to an iron stake for corner ; THENCE N . 0 deg . 19 min . E . , 760 . 00 feet to the point of beginning and containing 2 . 97 acres of land . 6/ PETITION FOR ZONING CONT ' D. PAGE 2 Said , represents that he and all other41/4)7f:-/C ers desire tie zoning to be changed gym. toL. ' in accordance with the current Zoning Ordii'ance and making said zoning subject to the appropriate laws , rules , and regulations of said City relating to that classification of zoning . Your petitioner , therefore , respectfull prays that the land above described bne zoned by the said City of Wylie , Texas , as provided by Article 974( g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS . Witness the hand of this petitioner this the day of , 198 Signature tg 4 Z€deJ 72,4 Alf /C Please Print Name -AV/2- t ,7e Street address or Box No . Zi•ra /X 74o1��` City Texas Zip Telephone Telephone THE STATE OF TEXAS : COUNTY OF COLLIN . BEFORE ME, the undersigned Notary Public on this day personally appeared Ledon Bramlett , known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expressed . GIVEN under my hand and seal o ffice this the Z-S- day of April , 1985. tot'�r'`��b Landon T. Carlson a4„.e,._ ...,GA-a.--------, • • NOTARY PUBLIC STATE OF TEXAS No ry Public for the State PA COMMISSION EXPIRES ?/3/88 . of Texas Itor1- 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 8:i--5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governi nc; Body is of the opinion - {fie sa change4o zoni. nq_ which is on application of _ �„ �/ __ �, Zd�- = �--- - - should be granted and the Comprehensive Zoning_ Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, DE 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 district classification to-wit: /�� ___.__api-ZZZ -,-ZIZ(.al Said property being described as follows: EXHIBIT "A" Description of the Bramlett Tract Being that certain lot , tract or parcel of land lying and situated in Collin County , Texas , and being a part of the E .C. DAVIDSON SURVEY , ABSTRACT NO . 266 , and being a part of 13 . 957 acres of land conveyed by Arthur Davilla et ux to Jick Housewright and Earl Parsons by Deed recorded in Vol . 500 , Pg . 389 , Deed Records of Collin County , Texas , and being more particularly described as follows : BEGINNING at an iron stake in the North line of said 13 . 957 acre tract , said stake being S . 89 deg . 49 min . E . , 171 . 9 feet from the Northwest corner of said tract ; THENCE S . 89 deg . 49 min . E. along the North line of said 13 . 957 acre tract , 114 . 60 feet to an iron stake for cor - ner ; THENCE S . 0 deg . 19 min . W. , 300 . 00 feet to an iron stake for corner; THENCE S. 89 deg . 49 min . E. , 114 . 60 feet to an iron stake for corner ; THENCE S . 0 deg . 19 min . W . , 323 . 76 feet to an iron stake for corner ; THENCE S . 48 deg . 26 min . W. , along the Northwest right - of-way line of TP & L , 204 . 60 feet to an iron stake for cor - ner ; THENCE N. 89 deg . 49 min . W. , 76 . 88 feet to an iron stake for corner ; THENCE N . 0 deg . 19 min . E . , 760 . 00 feet to the point of beginning and containing 2 . 97 acres of land . EXHIBIT "B" Agreements Attached to Bramlett Annexation The City of Wylie , Texas , for and in consideration of the agreement by Ledon Bramlett to request annexation of the 2 . 97 acre tract situated on FM 3412 herein described , agrees to the following : 1 . To classify for zoning purposes the entire Bramlett tract as "Agricultural" under Section 8 of the Zon- ing regulations of the City of Wylie ; 2 . To tie the New 8" water line into the Bramlett water meter on or before the effective date of annexation , it being understood that time is of the essence in this instance ( it is understood by Bramlett that an additional 45 days (approximate) will be necessary to clear and test the line after the line connection has been made ) ; 3 . That even though Bramlett claims ownership of the water meter situated in front of his residence , City will accept the transfer of the meter to it with the understanding that any and all service and replacement costs shall be assum- ed by the City as long as Bramlett owns the property ; 4 . That the City shall not assess any fees relating to the water connection other than the amount of $817 . 50 as set out in the City ' s letter of November 30 , 1984 , SAVE and EXCEPT that Bramlett shall be responsible for only those fees resulting from water usage payable on a monthly basis as are the citizens of Wylie ; 5 . That Bramlett be permitted to pay the connect - ion amount set out under No . 4 above on a monthly basis with- out interest at a rate of $20 . 00 added to his regular monthly water statement ; 6 . That Bramlett shall be entitled to utilize the presently installed septic tanks and for a reasonable time thereafter until the sewer lines of the City are installed and become reasonably available to Bramlett to make connect - ion to his residence ; 7 . That Bramlett be permitted and authorized to com- plete a 20 ft . by 40 ft . utility building for tractor & tools with concrete floor and conforming metal siding without the necessity of a permit and without the "cease and desist " order for lack of such permit ; PROVIDED , HOWEVER , that the building herein described shall be completed within one ( 1 ) year from the date of annexation of the Bramlett tract to the City of Wylie ; 8. That the City of Wylie shall remove the concrete reservoir located in the front yard of Bramlett ' s residence , partly within the road right-of-way and partly within his pro - perty line , by crushing in its sides and opening drain pas- ages and holes in the bottem (to permit drainage) and filling the removed reservoir with dirt to ground level , PROVIDED , HOWEVER, that Bramlett obtain releases from all homeowners who are tied into and use the concrete water reservoir to per - mit such removal and , further , that he obtain from such per - sons agreements not to use the old water line presently ex- isting therefrom; 9 . That the City of Wylie shall hold Bramlett harm- less of and agrees to pay any and all reasonable attorneys fees , court costs , and other expenses in connection thereto as may be incurred by Bramlett to enforce the terms and con- ditions of this Agreement . The foregoing is attached to and made a part of the request of Ledon Bramlett for annexation of his 2 . 97 ac . tract located on FM 3412 , Collin County , Texas , which , when accepted by the City of Wylie -resulting in the annexation of the Bramlett property shall constitute a valid and binding agreement and contract between the parties hereto . - . . 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 pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid , illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person , firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY _THE CITY COUNCIL OF ?Ty1tQQ,1Q,"1LIE, TEXAS, this theday ofl -- _ JOHN W. AKIN, MAYOR ATTEST: _____ Carolyn Jones, City Secretary a«� ' ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE SURVEY, ABSTRACT NO. july_2~ JV , UPON PETTION OF _ WHEREA - o _ has filed a written petitic�� -o annex to tQ6 City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: ' ��,r - - .l _ ^ • 1 FIELD NOTES STATE OF TEXAS COUNTY OF COLLIN • Annexation BEING a tract or parcel of land situated in the D. W. Williams Survey , Abstract Number 980 and the Alllen Atterberry Survey, Abstract Number 23, and being more particularly described as follows : BEGINNING at a point for corner in the centerline of a County Road , at its intersection with the Westerly line of a 17 acre tract described in a deed recorded in Volume 1326, Page 240, Deed Records of Collin County, Texas ; THENCE, North 00° 12' 30" West , along said Westerly line, a distance of 1205.00 feet to a point for corner in Williams-Atterberry common survey line; THENCE, North 00° 05' 00" East , a distance of 267.34 feet to a point for corner ; THENCE, North 89° 58' 00" East , a distance of 2433.45 feet to a point for corner ; THENCE, South 00° 21 ' 00" West , a distance of 267.34 feet to a point for corner in the aforesaid common survey line; THENCE, South 89° 56' 05" West , along said common survey line, 1245 . 41 feet to a point for corner in the Easterly line of a called 30. 39 acre tract described in a deed recorded in Volume 334, Page 567 , Deed Records Collin County, Texas ; THENCE, South 09° 20' ,49" West , along said Easterly line, a distance of 1243. 77 feet to a point for corner in the centerline of said County Road; (\ , THENCE, North 86° 53 ' 21 " West , along said centerline , a distance of 128. 74 feet to a point for angle corner ; THENCE, North 88° 58' 21 " West , continuing along said centerline , a distance of 852.00 feet to the point of beginning and containing 45 . 182 acres of land, more or less. ( 1 ,968, 133. 143 sq. ft . ) • • �D - 1 Co) ' a I • it O W 'n • 4 - W KIRBY SO 4 4 PARK d' I o 8 _STONE m ST. .. c 3 a - L�a4 v �v p� I o• 1 � at v 'n�1Plrote Willow Wa Ston.Ybrok • o I O IL ; ALANIS r+ h z u h 0,-,1 1/1,..-%`ice` 74 Imo,����.'. /%-I%i 6e COLONIAL �%0; 'I-1, �'1 ELM '= i i ' /s 1 0 tAEAoow ARK -- - -- — W A A<� 'O -1 SCALE: 1".2000. �14> • i,� 1\0 L' 4. / IC _ COLLIN COUNTY L INE ''Ck DALLAS C LINE —+ ' VICINITY MAP 7/ ORDINANCE NO. CONT` D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND ,,APPROVED THIS THE _ DAY OF ��---- John W. Akin, Mayor ATTEST: ' Carolyn Jones, City Secretary ��� PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes Jim McKnight of the County of Collin and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporations who are owners of the following described tract of ►And which is within the City Limits of the City of Wylie, in Collin County, "texas, and described as fol lows: • • PETITION FOR ZONING CONT' D. PAGE 2 Said __Jim_MgKnight represents that he and all other owners desire the zoning to be changed from 41.G.tftceAru.P.t._ to Sf_r_/1r;_f_A_�__ in accordance with the current Zoning Ordinance and making said zoning subject to the appropriate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respectfull prays that the land above described bs' zoned by the said City of Wylie, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness hand of this petitionedthis the 7.4e) day of , 198 );fl . 144/4 Signature Please Print Name Street address or Box No. City Texas Zip 1 '2 - 22f 2- Telephone 7/ • THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Jim McKnight , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given un r my hand and seal of office this the day of 198 ro�µtrproe� cS'anc�ia . aZee Notary Public, Collin County Texas ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED 'PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE' WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion of zoning which is on application o should be granted and the C rehen '- si-e~Zo- - inance of the City of Wylie shoul e amended in the exercise of its legislative discretion: 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 district classifi t wit: A#, Said property being described as`�-'-- `^-----l ~- s: ��p - FIELD NOTES STATE OF TEXAS ( COUNTY OF COLLIN • Annexation BEING a tract or parcel of land situated in the D. W. Williams Survey , Abstract Number 980 and the Alllen Atterberry Survey, Abstract Number 23, and being more particularly described as follows : BEGINNING at a point for corner in the centerline of a County Road , at its intersection with the Westerly line of a 17 acre tract described in a deed recorded in Volume 1326, Page 240, Deed Records of Collin County, Texas ; THENCE, North 00° 12 ' 30" West , along said Westerly line, a distance of 1205. 00 feet to a point for corner in Williams-Atterberry common survey line ; THENCE, North 00° 05 ' 00" East , a distance of 267.34 feet to a point for corner ; THENCE, North 89° 58 ' 00" East , a distance of 2433.45 feet to a point for corner ; THENCE, South 00° 21 ' 00" West , a distance of 267.34 feet to a point for corner in the aforesaid common survey line; • THENCE, South 89° 56 ' 05" West , along said common survey line , 1245 . 41 feet to a point for corner in the Easterly line of a called 30. 39 acre tract described in a deed recorded in Volume 334 , Page 567 , Deed Records Collin County, Texas ; THENCE, South 09° 20' ,49" West , along said Easterly line, a distance of 1243. 77 feet to a point for corner in the centerline of said County Road; R , THENCE, North 86° .53 ' 21 " West , along said centerline, a distance of 128. 74 feet to a point. ..for angle corner ; THENCE, North 88° 58' 21 " West , continuing along said centerline , a distance of 852.00 feet to the point Of beginning and containing 45 . 182 acres of land, more or less. ( 1 ,968, 133. 143 sq. ft . ) • • 1/7 • : C01 b1ro,: s rr A; .r .$ » N Mf r 1 ,$ �J ill Na..I< a !4 014 .. 9T1 AO'�f. C1t A8 ,R S , O M O W KIRSY Ir• --) 4 , PARK o` a 9 o g e• 2 STON. ast ST. as a 3 r L e c i 7--- 1 D un "y softyE �I m Jo� •:n t,� /LI! _ 42 /� . ��````''''��Wllbk waifl1 StonOYDr‘k • f O O O 17 ALANIS u h 0 MIA 4 h , ;=`/.,�I- % - Ii1, I • • to COLONIAL 1 '� 1 1 t I- ELM '=`‘..: i,'' t MEADOWPARK — - -- m '— W t7 Ae� O ,tf` -1 SCALE: 1"22000' 14> • 'l� 1\0 % CFI- A COLLIN COUNTY LINE •NMEN....IMMEm. DALLAS COUNTY LINE ' VICINITY MAP 7, 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 pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid the same shall not affect the validity of this ordinance as' a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00> for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the Public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately �rom and after its passage, as the law in such cases provides DULLY PASSED BY THE COUNCIL OF T E CITY OF WYLIE TEXAS, this the day of " l9p � , ' --------- JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary � �� PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN CLJLNTY , TEXAS: Now omes _ _ f_ :_ _ ___ L�/�' 'te of th e County ot a the S ate of Texas, and represents to the Ci y Cot. ci l of the said City of Wylie, Texas, that li2. he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the fol 1oa�i nca described tract of land which is contiguous and adjacent_ to the City of Wylie, in Collin County, Texas, and in which h :t less than three (3) qualified voters, reside, described a:, follows: f'D TRACT II COMMENCING at an iron pin found for corner, said iron pin being the Southwest corner of the above referenced tract and also being the South- west corner of the Duke Strickland Survey, Abstract Number 841 and the Southeast corner of the I. Clifton Survey, Abstract Number 193; THENCE, South 89° 32' 38" East, along the Southerly line of the above referenced tract, a distance of 565.00 feet to an iron pin set for corner, and being the point of beginning of the herein described tract; THENCE, North 15° 04' 00" West, departing said Southerly line, a dis- tance of 406.33 feet to an iron pin set for corner; THENCE, North 86° 31' 27" West, a distance of 253.50 feet to an iron pin set for corner; THENCE, North 03° 49' 46" East, a distance of 626.60 feet to an iron pin set for corner; THENCE, North 86° 08' 57" West, a distance of 181 .75 feet to an iron pin set for corner in a fence; THENCE, North 03° 51' 03" East, along said fence, a distance of 438. 16 feet to an iron pin found for corner in a fence; THENCE, North 46° 55' 31 " East, a distance of 43.83 feet to an iron pin found for corner in a fence; THENCE, East, with a fence, a distance of 1616.88 feet to an iron pin found for corner in a fence; THENCE, South 00° 02' 15" East, with a fence, a distance of 1160. 17 feet to an iron pin found for corner in the Northwesterly right-of-way line of the Gulf, Colorado & Santa Fe Railroad (125' R.O.W. ); THENCE, South 50° 25' 09" West, with said right-of-way line, a distance of 561 .90 feet to an iron pin found for corner in a fence; THENCE, North 89° 32' 38" West, departing said right-of-way line, a distance of 747.89 feet to the point of beginning and containing 50. 000 acres of land, more or less. 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VOING4. 0.06 IS.6.141..441.••••••••••6.441 11.....Joao.•44 . 4 • tree dif•00.11 f re 60 or.••••••Or roars 1 C14.• Sy.. •••1 .0 113 . :.". • 1•104.1. 011•rt• 114.is.in....•.00r..•••oell fel•••••••• • • 104044:4 of„ re. ..,•••••••Gm,••••••••• •.• •••-•• ••le•• II ,•owir for orrte • 1... le1.04. rer. .••••••••01.1.•4••••••••of 1./1 Oo•.os•••• • ••••ot 1.•ear..•treat 44 S. 6 II Top..Sr.W.4,*sr.(rt..4.4••••*row.a•••••••••.••36.1g • I... 444 a.44...••••••or••••••• •••re.: • . t• . . •..• 1.041.0. ••••144 441. .• 0••0,4.•Ir....of et..to. to ao•••• 61 .•• :. '. . •••••••••Or*err 4.••ler, 1.14124. Ct.....••err.••••••••••.M ..es ore 1 .a.tr.••• or.lo•or....•fro, ••••, . ••••••,.. ••••••• or es.•s•ta•t.••••........••••••••••of 81..4 4 Or.. 4.0.a•44.goo/err I ..v.*.•t.............it•••••••••••• 44 ••••el 144.er I.Oro..I Loo•ro••••••••I..4.11.44.14 • \ /••••••• Tr... Sar• 44. e ••• . .•••••sa ri....O r.tr..•••••' 16.444 of 041..fa..40 44.•••1.4.0 lag err.•••ter. 4 .44....1/4.••••••41:54 X, • Ver.& Or. O. It•IV.•••11.•••••••••••••••••••-•44 •....a . . i.. r..4. 1/•••• • )71'....8''.' . . m.o.. of .1.. feet 14. los .4.4.•••••••..or••••••.•••••••••••.Are.•••••or....14.111.4.04.fl.1 ••17 • - •I ...................../.‘..1 .. 7.1.../9/../.. • 14404.4.4•1 Carr 11441..•••••••••11‘.1141.14.1 514: .4.: ••••set N.•s..S. • ' • • ..:'•7.......--.----TRACT _I ..i.,‘ ' 4 . _.•-----•• 4'.•3, e.' P.6,."el r.eO.7rr..T..Y22Z....2):6...8•6w....•A CR ES $61•00•• t.`\.•.--, .n..4...4x•3 . /. . - I , ':.'4•-• Z,I0‘1 -- Itlrr-• • 474$ l,e a 0‘•4•t,.,4•o..,••..•,r,.••• .•.4..e.•..r.•4...4..••.•.o.•.•w.0.u..•..,..4..••.••••[••a 0••..••1••4r..••..o•.•Wr.•w.•.e I•oL.•1•t•0•44r.•....s.14r•4V4..r4•4.46.•A.•.4r4•.0,..e0.rsA..e •.•o.or..•c•.r•t ••..0rr•.•..C,••E•.i•4.•.l••0.oR•r.••..TO.••..•4..s•,.r4.4 a. e•11 r.4••.••S0.o•••o14.••.4•rm.•a•• •1.3••e•••.r.4•e.•4•.,••••oo..•rI.w.1l.ol.it e.s o1r•r•••.m.•••••,•• .•••••..o•..•n..1•O..•sr4•s.4. BO UNDA1 , re / ,. s • 228 RY ACRES . s1 •ft•T rent...T 50.000 ACRES ...fo . are.. DUKE RICKLAND SJRVEY A. ...,-*/:14 A 8ST. 143. 841 P.o.e. 0 ••••••••• S or**, •Imt .4.640 -.., • c....._, ..e,e......-e,- ••••.,•.C• .......y::k--..,..„.. CITY OF WYLIE • ...,",„/<:":" doer e.......•• COLLIN COUNTY, TEXAS .......,...... etii1T-... • • , ...e4 MARRY EL CARROLL ' SURV EY 0 F 324 alle•V WC • 1•41•11 IC,. IE., 1-;..•'. -1.' . • o .4,••••••• 4, • • PETITION FOR ANNEXATION CONT' D. PAGE Said _ represents that he and all _her owner desire to be annexed to and made part of the said ity of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie. Teas as provided by Article 974 (g) of the REVISED CIVIL- STATUTES OF THE STATE OF TEXAS. Witne - ; the hand of this petitioner this the /� ci_ ., of __ _ -- -- 198 ,5_. 4--- 4 dnaturc_ .446-L4(v) Please Print Name 3'200 �o Bn�vA ,�)f�i Address ortfAr '/a 75-01Ltz City Texas Zip Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this do personally appeared ^� y me to be the person -.."== Qm; zs subscribed to th foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration t 'ereie expresses: /' Given under my hand and seal of office this of � the "- -- ��'-l-c�� [- , 198 - , this -'^ --�---- day � v ---- �------ Notary Public, CollIn County Texas AZ ~^ PETITION FOR ANNEXATION ' THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN CC= , TEXAS: I... ~ED of the Coun'c`, �. and b s M of Texas, and repros's`v . io the City Council of the said City of Wylie, Texas, kh ' ! he is the owner or is acting for all of the owne'-s� partnerships or corporation who are owners of the deccribed tract of land wnich is contiguous and adjace,.c the City of Wylie, in Collin County, Texas, and in whzcn .` '. 1ess than three (3) qualified voters, reside, described . � follows: aff ' PETITION FOR ANNEXATION CONT' D, PAGE � Said ' /��� _w�__ represents that he *n� all er owners d��ir � t �~~��-- `U�' e o "=u� =nnexed to and made parL n� the said City of Wylie, Collin County, Texas, subject to al . laws, rules and regulations of said City. Your petitioner , therefore, respectfully prays that the above described be annexed to the said City of Wylie, Te` �� as provided by Article 974 (g) of the REVISED CIVIL STATU7i _ OF THE STATE OF TEXAS. 7MeWit t IMAM-! of this petitioner this the da ' ___��� Signa, urr ~ Please Print ly City Texas � } elepw . THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the und e r =' d N tarw P this personally appearedknown �o me to be the per sor d to �he +oregoing instrument , and acknowledged to me that |.e executed the same for the purposes and consideration therein expresses: Give ' n un d er my and and seal of Gfficcn this the Notary Publi llin Count / l �' , � " ' CITY TRACT 7.136 Acres BEING a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, of Collin County, Texas, said tract being part of a 74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed Records of Collin County, said tract also being part of Tract "B", 286.398 acres, as surveyed by Harry B. Carroll , Registered Public Surveyor No. 986, and being more particularly described as follows: COMMENCING at a point at the southwest corner of a 74.54 acre tract conveyed in Volume 584, Page 158, said point being the point of intersection of the centerline of a dirt road with the northerly R.O.W. line of State Hwy. No. 78 (R.O.W. varies), and the beginning of a curve to the right having a central angle of 7 deg 20 min 10 sec, a radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec, 366.55 feet; THENCE along said curve and along the northerly R.O.W. line of State Hwy. 78, an arc distance of 366.80 feet to a point; THENCE continuing along the northerly R.O.W. line of State Hwy. 78 as follows: S 88 deg 31 min 00 sec E, 556.80 feet to a point; N 01 deg 30 min 00 sec E, 8.00 feet to a point; S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING. THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of State Hwy.78, 776.00 feet to a point for corner; THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner; THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in the northerly R.O.W. line of State Hwy. 78; THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and containing 7.136 acres of land. 17 PO��/ ��N �S� .i l),• -oy� 4 = 12'17.40rr 50 co0 R = 5779.58' I) = 16'00'50" a .a r = 622.48' RpILR�AD • R = 2932.79. �`�j, L = 1240.18. FE T = 412.54� vp SaNTE .....• L = 819.70. S- •02ti PEKA a ` ��- N 6 HIS�N T� AYC q5.P9 26 mot n.r. c« .i u u Acre rr«r `�s 1►3- _76e 23.)'••W. — —teen, Leosed ,o R01. 500 ►` 1511 / 5.76e 76e2j'11,•E- /' p,0etiP• f Qe,rof,no•1^`- vs N 450.5�� pmer``o 4 p4-62.9 a of"�' ++ �ai� � / ^ O Vp�60...0.• 1B91 l 59 m O ' l 3 I 1 / ,� 60s Wide rood N vot Easement 0OZ 52 E' _—� N•78 _ SPI•L • 4� " 44 ' % S89.4o 65 � S_6e21`~EN.01 06.02-E. Le5 _P " �__� 117.74 �t „ / d = 12'48'36' I7 s� "" R = 5679.58' Lr T.P. 8 L. Este t. Vol.491 Pg. 153 T = 637.56 i1 (one Pole Only) L = 1269.81' RRI 1.►S.6." r t CO 1h 0 N.Co 0 7 d h •• ti 7.136 ACRES n o J G = 07 0 20' IO" R : 2864.79. Id/I c lj s T = 183.65. o O ti of g L = 366.80' 0ch 0 PP 0 141 o N N (V G 0 N — a z v, ,O I f . Cs. 11 7, 511 Acre r.e-,J O , 794 '1 •.A S 01"30.00-W O 1 Z No 3;1 48' 376.00' 1 312.25 N 80 31 00'W 556 60' N 8803, 00•W 999.73' — -- f --�3.60� 7 136 ACRE TRACT BECKHAM PROPERTIES "' 6-18-85 " I-. 200' s"nr__I STATE H IGHWAY NO. 78 ( Variable R.O W ) oov BLN __I_ s.1rTs' 19.i NELSON ENGINEERING CORPORATION ^\ CO.SU.VI.G r.G..rr,.s 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 Building Official of the City 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, THEREFO'RE, : •EE 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, an'dt'`the inhabitants thereof shall hereafter be 9) 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 No. 4 consisting of 105. 22 acres out of the M. Sparks Survey, Collin County Abstract 849 ; and Tract No. 5 consisting of 3.3 acres out of the M. Sparks Survey, Collin County Abstract 849; and Tract No. 38 consisting of 3. 6 acres out of the M. Sparks Survey , Collin County Abstract 849; and 12.511 acres , being the right—of-way for the St . Louis & Southwestern Railroad Co. , out of the M. Sparks Survey , Collin County Abstrct 849 for a total of 124.631 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 provisionr,. portion of the territory herein described is held to be invalid by a court of competent jurisdiction , -r,.yet• 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 1985 . APPROVED : MAYOR 2/ ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 9� EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , Police protection will be provided to your property . You, as the property owner , and any other person residing on that property shall be entitled to response and enforcement of State and local laws . You may contact the Police of the City of Wylie at 442-2222. Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property . You may also expect the enforcement of traffic regulations on your property and its perimeter. Such requests should be expressed to the Chief of Police of the City of Wylie . FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , your property and all structures or buildings which exist on the property annexed will be provided , without charge , fire fighting services . Should a fire of any magnitude occur on your property or in any structure on your property , a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire . In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors . ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling. Such codes cover areas of construction , electrical , plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit . There is a fee for this service and it is relative to the cost of the improvement . Zoning is a public process that will begin during the time your annexation is being processed . This action should be final shortly after your annexation is complete . Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City. Any use which was in existance on your property prior to the completion of the annexation will be allowed to continue. This concept is called "grandfathered" . Under the grandfathered provision, you may continue to use your property in a way that is not consistant with the zoning placed upon it by the public body; however, such use may not be expanded and if the use is discontinued it may not be reinstated . You may indicate , by signing the enclosed forms , any preference which you may have for the zoning designation to be placed upon your property. While you may not have been aware of it , while your property was in the county and was not within the city limits of any city , you did not have zoning protection; thus , your neighbors could have used their property for any purpose which may or may not have been consistant with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property . LIBRARY AND PARES & RECREATION SERVICES : Upon completion of annexation, you and any residents of the property shall be entitled to the use of the City Library and our various parks and recreational facilities . This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future. Many of these services are provided free of charge to citizens to the City of Wylie , others are provided with the charge of a small user fee . You are entitled to pay the "in-city" rate for these services after your annexation is complete . ANIMAL CONTROL SERVICES : The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic . This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588 . On completion of your annexation process , you may contact this office for any questions regarding this service . STREETS & DRAINAGE SERVICES : The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly . If your property abuts or contains drainage ditches or streets which are under the City ' s dominion and control , you may request , upon completion of annexation , that repairs or maintenance be performed upon these public facilities . These requests should be phoned to the Public Works Department at 442-7588 . Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period . Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and , in most cases , some form of financial participation between the City and the adjacent property owner . Should you desire this level of services , you should contact City Hall to discuss what improvements you had in mind and what financial arrangements can be made . WATER SERVICES : The City of Wylie provides potable water service to residents within it ' s city limits. In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property , then water service has already been provided . The City of Wylie will be happy to assist you in assuring that such provided service is adequate . Should you not be satisfied with services provided by such a water service , please contact City Hall with your complaints . We will be happy to act as an intermediary on your behalf to see what improvements can be made . If service is not currently available , the City , in participation with you and other property owners , will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty . We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation . The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation . SEWER SERVICES : The City of Wylie owns it ' s own sewage treatment facility and has divided the City into several large lift station districts . Your property will fall into one of these districts. Sewer service is being extended throughout the City at a rapid rate . In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service . In general there are fees and cost participation associated with initial provision of this service; however, each case is considered unique and only a discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided . 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 Building Official of the City 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 : 83. 28 acres out of the W. M. Sachse Survey , Collin County Abstract 835, Collin County, Texas currently owned by Mary Allene Jones ; and 106.53 acres out of the W. M. Sachse Survey , Collin County Abstract 835 , Collin County , Texas currently owned by Mary Allene Jones ; and 18.009 acres out of the W. M. Sachse Survey, Collin County Abstract 835 , Collin County , Texas currently owned by Texas Power & Light Co. 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 C,74k7G 1985. APPROVED : APPROVED AS TO FORM: City Attorney MAYOR ATTEST: City Secretary EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , Police protection will be provided to your property . You, as the property owner , and any other person residing on that property shall be entitled to response and enforcement of State and local laws . You may contact the Police of the City of Wylie at 442-2222. Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property . You may also expect the enforcement of traffic regulations on your property and its perimeter . Such requests should be expressed to the Chief of Police of the City of Wylie . FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , your property and all structures or buildings which exist on the property annexed will be provided , without charge , fire fighting services . Should a fire of any magnitude occur on your property or in any structure on your property , a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire . In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors. ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling . Such codes cover areas of construction , electrical , plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit. There is a fee for this service and it is relative to the cost of the improvement . Zoning is a public process that will begin during the time your annexation is being processed . This action should be final shortly after your annexation is complete . Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City . Any use which was in existance on your property prior to the completion of the annexation will be allowed to continue. This concept is called "grandfathered" . Under the grandfathered provision , you may continue to use your property in a way that is not consistant with the zoning placed upon it by the public body ; however , such use may not be expanded and if the use is discontinued it may not be reinstated . You may indicate , by signing the enclosed forms , any preference which you may have for the zoning designation to be placed upon your property . While you may not have been aware of it , while your property was in the county and was not within the city limits of any city , you did not have zoning protection ; thus , your neighbors could have used their property for any purpose which may or may not have been consistant with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property . LIBRARY AND PARKS & RECREATION SERVICES : Upon completion of annexation, you and any residents of the property shall be entitled to the use of the City Library and our various parks and recreational facilities . This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future . Many of these services are provided free of charge to citizens to the City of Wylie , others are provided with the charge of a small user fee. You are entitled to pay the "in-city" rate for these services after your annexation is complete . ANIMAL CONTROL SERVICES : The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic. This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588 . On completion of your annexation process , you may contact this office for any questions regarding this service . STREETS & DRAINAGE SERVICES : The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly . If your property abuts or contains drainage ditches or streets which are under the City ' s dominion and control , you may request , upon completion of annexation , that repairs or maintenance be performed upon these public facilities . These requests should be phoned to the Public Works Department at 442-7588 . Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period . Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and , in most cases , some form of financial participation between the City and the adjacent property owner . Should you desire this level of services , you should contact City Hall to discuss what improvements you had in mind and what financial arrangements can be made . WATER SERVICES : The City of Wylie provides potable water service to residents within it ' s city limits . In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property , then water service has already been provided . The City of Wylie will be happy to assist you in assuring that such provided service is adequate . Should you not be satisfied with services provided by such a water service , please contact City Hall with your complaints . We will be happy to act as an intermediary on your behalf to see what improvements can be made . If service is not currently available , the City , in participation with you and other property owners , will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty . We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation. The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation . SEWER SERVICES: The City of Wylie owns it ' s own sewage treatment facility and has divided the City into several large lift station districts . Your property will fall into one of these districts . Sewer service is being extended throughout the City at a rapid rate . In order to obtain sewer services to your property , you will need to contact City Hall following your annexation to discuss the specifics of extending such service . In general there are fees and cost participation associated with initial provision of this service ; however , each case is considered unique and only a 99 discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided . discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided . 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 Building Official of the City 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 3 out of the D. Strickland Survey , Collin County Abstract 541 consisting of 95 . 49 acres , volume 549 , page 541 , currently under the trusteeship of the Mercantile National Bank , Dallas . 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 Councilun�jj of the City of Wylie , Texas , this the ����ay of C%lf,i' 1/I� 1985. APPROVED : MAYOR ATTEST : APPROVED AS TO FORM: CITY SECRETARY City Attorney is �� EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , Police protection will be provided to your property . You, as the property owner , and any other person residing on that property shall be entitled to response and enforcement of State and local laws . You may contact the Police of the City of Wylie at 442-2222 . Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property . You may also expect the enforcement of traffic regulations on your property and its perimeter . Such requests should be expressed to the Chief of Police of the City of Wylie . FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , your property and all structures or buildings which exist on the property annexed will be provided , without charge , fire fighting services . Should a fire of any magnitude occur on your property or in any structure on your property , a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire . In addition , new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors . ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling . Such codes cover 'areas of construction, electrical , plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit. There is a fee for this service and it is relative to the cost of the improvement . Zoning is a public process that will begin during the time your annexation is being processed . This action should be final shortly after your annexation is complete . Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City . Any use which was in existance on your property prior to the completion of the annexation will be allowed to continue . This concept is called "grandfathered" . Under the grandfathered provision , you may continue to use your property in a way that is not consistant with the zoning placed upon it by the public body; however , such use may not be expanded and if the use is discontinued it may not be reinstated . You may indicate , by signing the enclosed forms , any preference which you may have for the zoning designation to be placed upon your property . While you may not have been aware of it , while your property was in the county and was not within the city limits of any city , you did not have zoning protection ; thus , your neighbors could have used their property for any purpose which may or may not have been consistant with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property. / a LIBRARY AND PARKS & RECREATION SERVICES : Upon completion of annexation , you and any residents of the property shall be entitled to the use of the City Library and our various parks and recreational facilities . This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future . Many of these services are provided free of charge to citizens to the City of Wylie , others are provided with the charge of a small user fee . You are entitled to pay the "in-city" rate for these services after your annexation is complete . ANIMAL CONTROL SERVICES : The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic . This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588 . On completion of your annexation process , you may contact this office for any questions regarding this service . STREETS & DRAINAGE SERVICES : The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly . If your property abuts or contains drainage ditches or streets which are under the City ' s dominion and control , you may request , upon completion of annexation , that repairs or maintenance be performed upon these public facilities . These requests should be phoned to the Public Works Department at 442-7588 . Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period . Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and , in most cases , some form of financial participation between the City and the adjacent property owner . Should you desire this level of services , you should contact City Hall to discuss what improvements you had in mind _and what financial arrangements can be made . WATER SERVICES : The City of Wylie provides potable water service to residents within it ' s city limits. In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property , then water service has already been provided . The City of Wylie will be happy to assist you in assuring that such provided service is adequate . Should you not be satisfied with services provided by such a water service , please contact City Hall with your complaints . We will be happy to act as an intermediary on your behalf to see what improvements can be made . If service is not currently available , the City, in participation with you and other property owners , will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty . We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation. The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation . SEWER SERVICES : The City of Wylie owns it ' s own sewage treatment facility and has divided the City into several large lift station districts . Your property will fall into one of these districts. Sewer service is being extended throughout the City at a rapid rate . In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service . In general there are fees and cost participation associated with initial provision of this service ; however, each. case is considered unique and only a discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided . /6) ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WY HEREINAFTER DESCRIBED TERRITORY I 1J TEXAS , AND EX TENDING THE BOUNDAR TO INCLUDE SAID HEREINAFTER DESC CITY LIMITS AND GRANTING TO ALL 4kN SAID PROPERTY, ALL THE RIGHTS CITIZENS AND BINDING ALL INHABITAP ACTS , RESOLUTIONS AND REGULATIONS 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 Building Official of the City 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 / C 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 : 1 . 7 acres out of the S . Coose Survey , Collin County Abstract 187 in Collin County , Texas owned by the St . Louis & Southwestern Railroad ; and 2 . 296 acres out of the S . Coose Survey , Collin County Abstract 187 , Collin County , Texas owned by the United States of America ; and 4 . 132 acres out of the W. S . Bohannon Survey , Collin County Abstract 121-1 , Collin County , Texas being the State of Texas right-of-way for State Highway 78 from the current point of the City of Wylie city limits in an easterly direction a distance of fifty- five (55) feet ; and 4 .821 acres out of the W. S . Bohannon Survey , Collin County Abstract 121-1 , Collin County , Texas being the right-of-way for the St . Louis & Southwestern Railroad ; and 86 . 61 acres out of the W. S . Bohannon Survey , Collin County Abstract 121-1 , Collin County , Texas , currently owned by the United States of America ; and 2 . 41 acres out of the W. S . Bohannon Survey , Collin County Abstract 121-1 , Collin County , Texas , being property currently owned by the United States of America ; and 5 . 968 acres out of the W. S . Bohannon Survey , Collin County Abstract 121-1 , Collin County , Texas being the right-of-way on that abstract of the Atcheson , Topeka & Santa Fe Railway Co . ; and 149 . 122 acres out of the W. S . Bohannon Survey , Collin County Abstract 121-1 , Collin County , Texas , currently owned by the United States of America and being all of the remaining land in said abstract not covered within the parcels described previously constituting a complete annexation of all property described on said survey north of the southern right- of-way east/west line of State Highway 78 . And further , the City of Wylie annexes 74 .0 acres out of the W. C. Twitty Survey , Collin County , Abstract 918 , Collin County , Texas said property currently owned by the United States of America ; and 154 . 28 acres out of the W. C. Twitty Survey , Collin County Abstract 918 , Collin County , Texas being property currently owned by the United States of America and included in this acreage is an existing road right-of-way running from east to west on said survey, being all of the land in said survey currently owned by the United States of America; and 9 . 8 acres out of the W. C. Twitty Survey , Collin County Abstract 918 , Collin County , Texas said property currently owned by the Atcheson, Topeka and Santa Fe Railway Co . ; and 9 . 9 acres out of the W. C . Twitty Survey, Abstract 918 , Collin County , Texas said property being a right-of-way currently owned by the St . Louis & Southwestern Railroad Co . ; and 5 . 18 acres out of the W. C . Twitty Survey , Collin County Abstract 918, Collin County , Texas , said property being a right- of-way currently owned by the Atcheson , Topeka & Santa Fe Railway Co . ; and further the City of Wylie annexes 124 . 7 acres out of the L . B . Hill Survey , Collin County Abstract 433-1 , Collin County , Texas said property currently owned by the United States of America ; and 300.47 acres out of the L. B. Hill Survey , Collin County Abstract 433-1&2 , Collin County , Texas , said property currently owned by the United States of America ; and 221 . 76 acres out of the L. B. Hill Survey , Collin County Abstract 433-1&2 , Collin County , Texas said property currently owned by the United States of America and including all property in said abstract currently owned by the United States of America . Acreage identified as Pt 4 out of the Francisco de la Pina Survey , Collin County Abstract 688-3 , Collin County , Texas whose current owner is the United States of America; said acreage is included in the total of iat property described by previous tracts ; and further annexing 245 . 1 acres out of the W. H. Moore Survey , Collin County Abstract 638-2 , Collin County , Texas said property currently owned by the United States of America ; and 5 . 7392 acres out of the W. H. Moore Survey , Collin County Abstract 638-2 , being the right- of-way for State Highway 78 and being owned by the State of Texas and extending a distance of two thousand five hundred ( 2500) feet ; and 5 . 7392 acres out of the W. H. Moore Survey , Collin County Abstract 638-2 being a tract of land 100 ft x 2500 ft owned by the St . Louis & Southwestern Railroad Co . and being the railroad right-of-way for that company for a total of 1413 . 7274 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 1985 . APPROVED : MAYOR /0 ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY //C EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , Police protection will be provided to your property . You, as the property owner , and any other person residing on that property shall be entitled to response and enforcement of State and local laws . You may contact the Police of the City of Wylie at 442-2222. Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property . You may also expect the enforcement of traffic regulations on your property and its perimeter . Such requests should be expressed to the Chief of Police of the City of Wylie . FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance , your property and all structures or buildings which exist on the property annexed will he provided , without charge , fire fighting services . Should a fire of any magnitude occur on your property or in any structure on your property , a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire . In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors . ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling . Such codes cover areas of construction , electrical , plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit . There is a fee for this service and it is relative to the cost of the improvement . Zoning is a public process that will begin during the time your annexation is being processed . This action should be final shortly after your annexation is complete . Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City . Any use which was in existance on your property prior to the completion of the annexation will be allowed to continue . This concept is called "grandfathered" . Under the grandfathered provision , you may continue to use your property in a way that is not consistant with the zoning placed upon it by the public body ; however , such use may not be expanded and if the use is discontinued it may not he reinstated . You may indicate , by signing the enclosed forms , any preference which you may have for the zoning designation to be placed upon your property . While you may not have been aware of it , while your property was in the county and was not within the city limits of any city , you did not have zoning protection ; thus , your neighbors could have used their property for any purpose which may or may not have been consistant with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property . LIBRARY AND PARKS & RECREATION SERVICES : Upon completion of annexation, you and any residents of the property shall he entitled to the use of the City Library and our various parks and recreational facilities . This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future. Many of these services are provided free of charge to citizens to the City of Wylie , others are provided with the charge of a small user fee . You are entitled to pay the "in-city" rate for these services after your annexation is complete . ANIMAL CONTROL SERVICES : The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic . This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588 . On completion of your annexation process , you may contact this office for any questions regarding this service. STREETS & DRAINAGE SERVICES : The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly. If your property abuts or contains drainage ditches or streets which are under the City ' s dominion and control , you may request , upon completion of annexation , that repairs or maintenance be performed upon these public facilities . These requests should be phoned to the Public Works Department at 442-7588 . Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period . Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and , in most cases , some form of financial participation between the City and the adjacent property owner. Should you desire this level of services , you should contact City Hall to discuss what improvements you had in mind and what financial arrangements can be made . WATER SERVICES : The City of Wylie provides potable water service to residents within it ' s city limits . In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property , then water service has already been provided . The City of Wylie will be happy to assist you in assuring that such provided service is adequate. Should you not be satisfied with services provided by such a water service , please contact City Hall with your complaints . We will be happy to act as an intermediary on your behalf to see what improvements can be made . If service is not currently available , the City , in participation with you and other property owners , will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty . We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation . The City has numerous water service points within the area and should have little difficulty providin such service within a reasonable time after annexation . SEWER SERVICES : The City of Wylie owns it ' s own sewage treatment facility and has divided the City into several large lift station districts . Your property will fall into one of these districts . Sewer service is being extended throughout the City at a rapid rate . In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service . In general there are fees and cost participation associated with initial provision of this service ; however, each case is considered unique and only a discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided . 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 : 605 . 24 acres owned by the United States of America being a portion of the Federal Land contained on Collin County Central Appraisal tax record survey maps in the extreme Northern section sheets 1 & 2 of the Francisco de la Pina Survey , Abstract Q688 ; and the Jno Campbell Survey, Abstract Q 239, sheets 1 & 2 ; and 130. 6 acres owned by the United States of America as shown on the Collin County Central Appraisal District Survey maps , S . Barrow Survey , Abstract Q54 ; and being a total of 735.84 acres . This annexation shall establish a Western boundary line in the Jno . Campbell Survey , Abstract Q239-1 , which may be arrived at by extending a North-South line along the axis created by the Western boundary of the S . Barrow Survey , Abstract 254 and the Eastern boundary of the M. Phelan Survey, Abstract Q697 , said North-South line shall extend due South along said axis until said line intersects at a 90 degree angle with the Northern most East-West boundary line of the Franciso de la Pina Sruvey, Abstract Q688 . Land which is East of that line in the Jno . Campbell Survey Abstract 0239 , is by the action of this ordinance , within the territorial limits of the City of Wylie . It is not the intention of the City to annex any part of the area known as Collin Park or any of the improvements associated with said Collin Park , including boat docks , morring areas , or marina . This deletion and clarification of the annexed area is done in response to a request submitted to the City of Wylie by the City of St . Paul . //5 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 1985. APPROVED : MAYOR ATTEST : APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, Police protection will be provided to your property. You, as the property owner, and any other person residing on that property shall be entitled to response and enforcement of State and local laws. You may t the Police of the City of Wylie at 442-2222. Regulartac patrols will be made of your property aneall local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property. You may also expect the enforcement of traffic regulations on your property and its perimeter. Such requests should be expressed to the Chief of Police of the City of Wylie. FIRE FIGHTING & FIRE CODES ENFORCEMENT: following the final vote by the City Council tom sign tthe annexation ordinance, your property and all structures or buildings which exist on the pioperty annexed will be provided , without charge , fire fighting services. Should a fire of any magnitude occur on you property or in any structure on your prop ert call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire . In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors. ZONING AND CODES ENFORCEMENT: final vote by the City Councillmtodisigny thellowing annexatithe on ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling . Such codes cover areas of construction, electrical , plumbing and mechanical and plans for any improvement on ur property should be submitted following the dateyoof annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit. There is a fee for this service and it is relative to the cost of the improvement. Zoning is a public process that will begin during the time your annexation is being processed . This action should be final shortly after your annexation is complete. Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City. Any use which was in existance on your property to the completion of the annexation will beallowedritor continue. This concept is called "grandfathered" . Under the grandfathered provision, you may continue to use your property in a way that is not consistent with the zoning placed upon it by the public body; however, such use may not be expanded and if the use is discontinued it may not be reinstated . You may indicate, forms , any preference which by signing the enclosed designation to be placed up onyou may have for the zoning your not have been aware of it , while property. While you may your county and was not within the city limits oofr any wcityy , the did not have zoning protection ; thus , your neighbors coyou uld have used their property for an not have been consistent with y purpose which may or may your use or with the best use of the property property and youri area general .n from that type nof abuse and g will Ptgener your adds both to your personal security and to the value of your property. //7 LIBRARY AND PARKS & RECREATION SERVICES : Upon completion of annexation , you and any residents of the property shall be entitled to the use of the City Library and our various parks and recreational facilities . This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future. Many of these services are provided free of charge to citizens to the City of Wylie , others are provided with the charge of a small user fee . You are entitled to pay the "in-city" rate for these services after your annexation is complete . ANIMAL CONTROL SERVICES : The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic . This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588. On completion of your annexation process , you may contact this office for any questions regarding this service. STREETS & DRAINAGE SERVICES : The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly. If your property abuts or contains drainage ditches or streets which are under the City ' s dominion and control , you may request , upon completion of annexation , that repairs or maintenance be performed upon these public facilities. These requests should be phoned to the Public Works Department at 442-7588. Upon- receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period . Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and, in most cases , some form of financial participation between the City and the adjacent property owner. Should you desire this level of services , you should contact City Hall to discuss what improvements you had in mind. and what financial arrangements can be made . WATER SERVICES: The City of Wylie provides potable water service to residents within it's city limits. In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property , then water service has already been provided. The City of Wylie will be happy to assist you in assuring that such provided service is adequate . Should you not be satisfied with services provided by such a water service , please contact City Hall with your complaints . We will be happy to act as an intermediary on your behalf to see what improvements can be made . If service is not currently available , the City , in participation with you and other property owners , will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty . We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation. The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation . SEWER SERVICES: The City of Wylie owns it 's own sewage treatment facility and has divided the City into several large lift station districts . Your property will fall into one of these districts . Sewer service is being extended throughout the City at a rapid rate. In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service . In general there are fees and cost participation associated with initial provision of this service; however, each case is considered unique and only a // discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided . -_-- //9 • PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS: w comes ;�_ T/" _ ate- _�I- of the County of and the to of Te> as, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, descri bed as follows: t: ZI!.2%-/er-et.ej • • PETITION FOR ANNEXATION CONT' D. PAGE Said � 4. .eZ.c.,,_ _ i_ represents that he and all c� her owners desire o annexed to and made part of the ' aid City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Wi a he hand of this peitioner this the 1 - t day o f ._ 4(1,4,- .L_ G%' . gnature '4 ,'C' r-t-c-4. id.L- 2:4 .0-- ____ Please Wi nt Name td. .e.s7" Pitt ts---s/V IAddress lit/ZZ /e... City Texas Zip 45Ty Telephone /-J26--. t-fl 1.11C . • '1'44 f, s%X'''.4.... 014..; . .4..lit.4a4.1.*'t-t1 . ...).?1...L')""gr' .1..IX 1:. ff-..4P4t*.i......'4. ,,z I i•:' - f. A - • 4-.". 41 1 : . .,..1 -x411•iz-. 7.:.,g,,. ,540. -.• ...-,,, ,, •••., ." - ..,-,14, ' :. . .-4,",'4. • ....c . v,.-,4,-0 -• -, -kiz ....:.--.• ::.•• •-..p--. _ ...- -- ,,k,..e... 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THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the und i gne ary Public on this da� Personally appear known to me to be the person ) whose name is subscribed to the foregoing instrument,/ and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Give my hand and seal of �ffice this the �'n^~ da� of -~r~~~--- ����� l98-� __. v' ~ I-- -----------Notary Public, Ca l County Texas _ ~ _ � • PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL_ OF THE CITY OF WYLIE_, COLLIN COUNTY , TEXAS: N w es r `'j !N of the County of _. an c the St ate of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for-- -1l of the owners c,r partnerships or- corporation who are owners of the -following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described a follows: I i :;LING a part of the G. C. nAVIDSCN SI)RVEY and being a of lani> conveyed> of � part of a 13 . 957 acre tract by Arthur lavilla t ux to Jick JJousewright and Earl Iarsons by n:'ed recorded in Volume 500, 3 Page � -0 , Deed Records of Collin County, Texas ; N) DEGINyI`;G at an iron stake in the North line of said 13 . 957 acre tract , from which the Northwest corner of said tract bears N. 89 deg. 49 min. ';, 286. 5 feet ; Ti1_E'Cl:. S. 89 deg. 49 min . E, along the Nort line of said 13. 957 acre tract and along the South line of F. M. RoadNo. 544, 11 . 6 feet to an iron stake for corner ; T11IJCE S. 0 deg . 19 min . W, 300 feet to an iron stake for corner ; TFXC1•. N . 89 deg. 49 min . W, 114 .6 feet to an iron stake for corner ; THENCE N . 0 deg. 19 min . E, 300 feet to the .place of i'e nning and containing n. 79 acrc,s of land more or less ; PET 1TION FOR ANNEXATION CoNT' D. RAGE ._. ja.,,v4.7.,..(,,,., represents that. he andSaid _G V �� all other owners d sire to he annexed to and made par• L o“ the said City of Wylie, Collin County, Texas, subject Lc: ai 1 laws, rules and. regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, 1 e::a.3. as provided by Article 974 (g ) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Wits the hand of this petitioner this the ___L___ day of , 19E,5-_. _.77 .A pC..e, Signature 6.(2 /, / i _ Please Pr-i. nl-. hv.a,,-c f, o , ETTA' 54 ci AcIcir .. _:•_ ... <,. -7._... — ! ....ice...'._. --' ' 7777 L.1.t yy Tex x cl S_ 1 I_ Tel E,r, ri:. )F 1-:.XG',S." l 00-1°** tt�1y ` to ir--).,k...klo_1;_tc___ _ o v'o�to� tne at he �d �r Ysobecrin et thenet J �;i P l `� d to ati on �,�ned ����' d9e der % mF ' ��p e ar. r�car e 2 5 l e c �Ge �11,, Ole omens, tr`�, ��r ,n�- day' ]i1�t.� same t��a tech Ole �t�ly aid and yea 1q �_.�.=_ !see 5'' . 6�t�de r myh _ . / Co�trtY 1n n�c�tms �� I . 1iG, coil �nP,� trs r E:�tb \.......j ,, '� ;Esc,:: Fy Not a /�3 , • PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: l/ (A:pr..44...0) k''') No co es of the� County of and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for ill of the owners or partnerships or corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Teas, and in which has less than three (3) qualified voters, reside, described as follows: c;4 ag!.4 -41,4-1-.): /23 1 N'Yi :1 ‘ 7.,71.. • ••••-0-,.,r--..,,tett:••• _ • . . •,••'4.o,•r''.$.••• ,le , .,„t. ,,i•4"A.4 _.„. ........",. _ . - 1-,, • CT". ).' • •• . ... ; ?;.t •.".:--•.•.-°,, ' "S.".:•-r-..,--:-. •• .?.-.......r.,,-;.: ., . .,.. • ... . ?,:,,,,- • f'.!';••• •,••••••• ::•:..f4141-,-WM;4 '..,'Zi.W"•''.*4ii*--..:‘;•': ' ..'-''''''''''1:'4rtii..-5. 7'.;.....'' . 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' -114:'U. ..,.::' • -'4.-..i..;', ,,,i,i4,4e,„:0 ...„-,- . . -,--:-- ,, .• • -, .,..y.,•.-- . ., . .... .. •- - _ _. /27 PETITION FOR ANNEXATION CONT' D. PAGE 2 Said i L1 e.1 represents that he andall other owners desi e to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the lend above described be annexed to the said City of Wylie, Texas as provided by- Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS.iWes he hand .of this petitioner this the GilIO__ day of , 198,__. w _ Z-C.2:: Signature 4_,,A1/4 RA-ti/A) Please Print Name Address_. / f..-54;2•// City Texas Zip '71- , �S7 Telephone THE: STATE OF TEXAS: • COUNTY OF COLLIN: Before me, the and n igned N F. jblic on this day personally appearedMG444/---- . known to me to be the person t4hose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Gi v --un er my hand and seal of f i ce this the 9a./V day of 198 . 41,4 NotaryA1/1 ___ _ _ _ __A / Public,c , Collin .aunty Te:, /-F/ 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 Building Official of the City 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 : I 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 /5-2- 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 : 850 . 57 acres out of the W. H . Moore Survey , Collin County Abstract 683-2 currently owned by the United States of America and 41 . 53 acres out of the W.H . Moore Survey , Abstract 638-2 being the right-of-way for the Atcheson , Topeka and Santa Fe Railway Co . ; said parcels being all of the railroad right-of-way described as being in that survey belonging to the Atcheson , Topeka & Santa Fe Railway Co . and being all of the United States government land described in said survey , for a total of 892. 1 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 . I 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 1985 . APPROVED : /33 MAYOR ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY I /3 V <yj' 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 Building Official of the City 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 CityCouncil has _ 'concluded that such area should be annexed into and :made a part of the` City of Wylie, Texas : NOW, THEREFORE, E :IT ORDAINED,.BY THE CITY, POUNCIL 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 ofWylie, Texas, and the same shall hereafter beincluded within the territorial limits of said City , and -the inhabitants thereof shall hereafter be /35 } 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 : property belonging to the United States of America out of the M. Walker Survey, Collin County Abstract 1022 consisting of 2.50 acres , 75.96 acres, 5 acres , 21 acres 6 acres 25 acres and 90 acres for a total of 238.96 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 R .• 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 Willie, Texas. Therefore, if any provision or ptrtion .: 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 rx.. not affect the validity of the remaining provisions of this ordinance or portiims of land annexed by this ordinance . tip ` L SECTION 3. This �k'dinance ;shall; .4eti effect': from and after its passage as th 4aw in, such casSesprovides. 3-tr }4 „ram - *t . f i DULY PASSED by th �Yty'f Connc-il' o lth' City of-;Wylie, Texas, S .... this ` da f '• the y��k,. _ � ° 1985.-., � , -,A.: APPROVED: ' MAYOR ATTEST: APPROVED AS TO F0 CITY SECRETARY a:. City Attorney y , ��,7 ry'Sn,. 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 Building Official of the City 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 I 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 f?/7 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 : a parcel of land owned by the United States of America being described in the Collin County Abstract records in the M. I . Giminez Survey , Abstract No . 338-4&1 being 45 . 75 acres , 11 . 58 acres 39.56 acres 123 . 99 acres and 510 acres for a total of 730.88 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 1985 . APPROVED : MAYOR ATTEST : CITY SECRETARY APPROVED AS TO FORM: City Attorney 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 Building Official of the City 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 /3c 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 : the United States of America land described on the J . Turnham Survey , Abstract 919 being a total of 505 . 52 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 1985. APPROVED : MAYOR ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 1 Lir) 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 Building Official of the City 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 /y/ entitled to all )fights and privileges of other citizens of the City, and shall be bound by the ordinances, acts , resolutions and r'egulations of the City of Wylie, Texas . ,1 Said territory hereby annexed being described as follows : ;s, property belonging to the United States of. America as f'' described on : Collin County Abstract records in the Thomas Chambers Survey, Abstract 1049 and being 755.6701 acres and 300.00 acres for a total of 1055 . 6701 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 shoud any portion of the above described territory be not subject to legal annexation by the City of Wylie , Texas , suc ; fact shall not prevent the City from ,,yy 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 , YN 1i i this the daq;of 1985. APPROVED: A-,,..i, XI . �ji. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FO' , • S City Attorney `" 'a! [1\ AUG 2 81985 i I NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.DRAWER C WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY PHONE NO.442-5405 TO : ALL MEMBER CITIES FROM: CARL W. RIEHN, EXECUTIVE DIRECTOR SUBJECT : 1985-86 WATER RATE DATE: AUGUST 22, 1985 The 1985-86 Annual Budget for the NTMWD Regional Water System will be adopted by the NTMWD Board of Directors at the September 1985 Board Meeting. At this time the proposed Annual Water Rate for the 1985-86 Fiscal Year is 56.9C per 1000 gallons for all Member Cities. This proposed rate is 10C above the previous year's rate. Your 1985-86 Annual Minimum and dollar payment is listed at the bottom of this letter for your information. We appreciate your support in the past and are looking forward to a continuing cooperative relationship in the future. Should you have any questions or need additional information please do not hesitate to contact Bill Avery, Administrative Officer, or my office. ANNUAL MINIMUM: CITY OF WYLIE 292, 780, 000 GALLONS $ 166,591.82 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO. 84-12 , SECTION 1-B AND C PROVIDING FOR AN INCREASE IN WATER AND SEWER RATES, PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS , the City Council of the City of Wylie has determined a need to have an increase in the water and sewer rates for the City of Wylie , Texas ; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: The following water and sewer fees are adopted by the City Council of the City of Wylie , Texas for the City and outside the City limits where applicable . SECTION 1 - WATER AND SEWER B. WATER RATES a. The following monthly water rates shall apply to customers within the corporate limits of the City of Wylie, Texas : First 2 , 000 gallons $7 . 25 (minimum monthly charge) Next 4 , 000 gallons 2 .00 per 1000 gal . Next 4 , 000 gallons 1 .65 per 1000 gal . Over 10 ,000 gallons 1 . 15 per 1000 gal . b . OUTSIDE THE CITY LIMITS : The monthly minimum water rate charge for customers located outside the corporate limits of the City of Wylie , Texas shall be 2.0 times the rate charged customers inside the corporate limits of the City of Wylie . c. The minimum monthly water rate for non- residential users shall be $11 . 25. C. SEWAGE COLLECTION AND TREATMENT RATES: a . The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie , Texas as based upon their water consumption with a maximum charge of $14. 25 First 2000 gallons of water $5. 25 (minimum monthly charge) Next 4000 gallons 1 .50 per 1000 gal Next 4000 gallons 1 .00 per 1000 gal Over 10 , 000 gallons 0. 70 per 1000 gal b . The $9 . 50 minimum monthly sewage collection and treatment rate for non-residential shall be in accordance with the schedule above , but without any maximum. Any industrial 1 /1/ 9 surcharge shall be in accordance with the details of the Industrial Waste Ordinance . c. The monthly sewage collection and treatment fees charged customers located outside the corporate limits of the City of Wylie , Texas shall be 2 . 0 times the rate charged customers inside the corporate limits of the City of Wylie . 4 . SEWER FEE - A sewer fee of 7 . 75 shall be charged for each apartment unit , multiple family unit or mobile home space and special areas such as washateria , swimming pools , etc . , where the apartment , multiple family development or mobile home park is on a master meter with the City of Wylie . PENALTY CLAUSE: Any unauthorized person, firm, corporation or other entity who is found guilty of pilfering , vandalizing , taking materials from or adding materials to or who in any way violates the terms of this ordinance shall be deemed guilty of a misdemeanor , and upon conviction of any such violation shall be subject to a fine of not less than $1 .00 nor more than $200.00. SEVERABILITY : All ordinances or parts of ordinance in conflict herewith are specifically repealed and are superceded by this ordinance . All other parts of such ordinances are not repealed . It is hereby declared to be the intention of the City Council that the sections , paragraphs , sentences , clauses and phrases of this ordinance are severable and if any phrase , clause , sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction , such unconstitutionality or invalidity shall not affect any other remaining phrase , clause , sentence paragraph or section of this ordinance ; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . EFFECTIVE DATE : The effective date of this ordinance shall be December 1 , 1985 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE DAY OF NOVEMBER , 1985 . John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary 2 / /5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS , A HOME RULE POLITICAL SUBDIVISION , REDESIGNATING CERTAIN ZONING CLASSIFICATIONS AND PROVIDING FOR PUBLICATION ; AND PROVIDING FOR AN EFFECTIVE DATE . WHEREAS , the City Council of the City of Wylie has determined a need for the redesignation of certain zoning classifications within the City , THEREFORE, all areas within the City that were designated as SF-2 zoning prior to the 7th day of May , 1985 will henceforth be redesignated as SF-3 ; and ALSO , all areas within the City that were designated as SF-1 zoning prior to the 7th day of May , 1985 will henceforth be redesignated as SF-2 ; and ALSO, all areas within the City that are in actuality deemed to be classified as townhomes and designated as MF zoning prior to the 7th day of May , 1985 will henceforth be redesignated as SF-A zoning , which zoning designation is reserved , in the Zoning Ordinance of the City of Wylie , passed and approved by the City Council of the City of Wylie on the 7th day of May , 1985 , for townhomes as described in that Zoning Ordinance . This ordinance , or its caption , has been published in the Wylie News , the official newspaper of the City of Wylie . AND , this ordinance supercedes and nullifies any ordinance preceeding it which is in conflict , by content , with this ordinance . This ordinance will be effective immediately upon passage and approval by the governing body of the City of \\ vlie , Texas , namely the City Council of the City of Wylie . PASSED AND APPROVED ON THIS THE DAY OF 195 . John W. Akin , :'savor ATTEST : Carolyn Jones , City Secretary ;1 N ,-)N. 1; 40 I /i 97. 17' i �J 750'44- W ' (� 73.• 0 . - , N 38°24'37 W O \ 1 - 69.64' /N 79°I4'00 K' o \ 7 185.a0 o f\C� � N 54 53'< 7_ IV - ��96.6 1 ' i �e, �N t I \ N 15' 2G 74" W ��� /\� 136.36' I \ ...-\--\-- :Ili � M 3 V_____ 14 o GPM -. 1 y Nr p �. P rn O O Z g 1 _ SCALE: -- I\ N 89"14'40. E 1.087.00• N 4°5 i 32" W 149.56' a t -1 N 5016'10" E _ _ a 49 4 .3,271 ,790 SQ. FT b 75.11 ACRES�, N 14055•26" E 89 41 20. a 153.91' p 6-32013.36" —228. 10_ R- 198.015" 1 / t :- 711.38' ` 6 . 9 � q f'4 '� 3 9 . 41 5• , q• 39 1 SZ • 9h ,9 011 A6 a 6A• 9g 5� \ N 87 O7'47g- K 3 ` _ 1 ; 19.74' p v 1 1J 0 '58'41" ly ,a S T. L OwS N 84 oo•2q_ h PLACE O F iv 1.G43.39• ee I STREETS AND DRAINAGE IMPROVEMENT FUND Monthly Report for October Bank Balance as of September 30, 1985 174,587.86 Revenue Deposits -0- Interest Earned 1,003.60 Total Revenue 175,591.46 Expenditures -0- Bank Balance as of October 31,1985 175,591.46 LIBRARY IMPROVEMENT FUND Monthly Report for October Bank Balance as of September 30, 1985 174.20 Revenue Deposits -0 Interest Earned 1.48 Total Revenue 175.68 Expenditures 15.00 Bank Balance as of October 31, 1985 160.68 LIFT STATION FUND Monthly Report for October Bank Balance as of September 30, 1985 15, 171.33 Revenue Deposits -0- Interest Earned 68.70 Total Revenue 15,240.03 Expenditures 6,845.97 Bank Balance as of October 31, 1985 8,394.06 GENERAL FUND Monthly Report for October Bank Balance as of September 30, 1985 175,610.57 Revenue Deposits 175,567.21 Interest Earned 1,248.63 Total Revenue 352,426.41 Expenditures 125,872.71 Bank Balance as of October 31, 1985 226,553.70 UTILITY FUND Monthly Report for October Bank Balance as of September 30, 1985 51,306.90 Revenue Deposits 69,082.28 Interest Earned 340.99 Total Revenue 120,730.17 Expenditures 47,642.40 Bank Balance as of October 31, 1985 73,087.77 GENERAL REVENUE SHARING FUND Monthly Report for October '`- Bank Balance as of September 30, 1985 6,160.30 Revenue Deposits 7,598.00 Interest Earned 59.72 Total Revenue 13,818.02 Expenditures 632.00 Bank Balance as of October 13, 186.02 PETTY CASH FUND Monthly Report for October Bank Balance as of September 30, 1985 2,704. 14 2,077.52 Water Deposits 4,781.66 Total Revenue 351.25 Expenditures Funds Transferred to Water & Sewer Deposits Acct. —0— Bank Balance as of October 31, 1985 4,4ln 4i WATER & SEWER DEPOSITS Monthly Report for October September 30, 1985 50,548.93 Bank Balance as of P ' 228.50 Interest Earned Funds Transferred from Petty Cash Fund —0— Total Revenue 50,777.43 Expenditures —0— Bank Balance as of October 31, 1985 - 50,777.43 L REFUSE DEPOSIT FUND Monthly Report for October Bank Balance as of September 30, 1985 5,011.10 Revenue Deposits 395.00 Interest Earned 107.70 Total Revenue 5,513.80 Expenditures -0- Bank Balance as of October 31, 1985 5,513.80 WATER AND SEWER IMPACT FUND Monthly Report for October Bank Balance as of September 30, 1985 109,776.01 Revenue Deposits 13,225.00 Interest Earned 667.36 Total Revenue 123,668.37 Expenditures 8,507.71 Bank Balance as of October 31, 1985 115,160.66 GENERAL OBLIGATION INTEREST & SINKING FUND Monthly Report for October Bank Balance as of September 30, 1985 19,127.71 Revenue Deposits -0- Interest Earned 89.34 Total Revenue 19,217.05 Expenditures -0- Bank Balance as of October 31, 1985 19,217.05 WATER& SEWER REVENUE BOND INTEREST & SINKING FUND Monthly Report for October Bank Balance as of September 30, 1985 75,348.39 Revenue .Deposits -0- Interest Earned 351.98 Total Revenue 75,700.37 Expenditures -0- Bank Balance as of October 31, 1985 75,700.37 WYLIE PARK & RECREATION DEVELOPMENT FUND Monthly Report for October Bank Balance as of September 30, 1985 270.01 Revenue Deposits -0- Total Revenue 270.01 Expenditures -0- Bank Balance as of October 31, 1985 270.01