Loading...
11-10-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL Agenda Tuesday, November 10, 1998 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Rev. Al Draper,First Baptist Church Pledge of Allegiance Proclamation Proclaming the week of November 14-22, 1998, as National Children's Book Week in Wylie,Texas. Proclamng Wednesday, November 11, 1998 as Student Government Day in Wylie, Texas. Citizens Participation Items for Individual Consideration Public Hearings 1. Hold the First of Two Public Hearings for the Annexation of property owned by Keith Anderson, containing 2.33 Acres, being out of the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas, and being part of that tract as recorded in Volume 158, Page 457, Deed Records, Collin County, Texas. 2. Hold the First of Two Public Hearings for the Annexation of property owned by Conrad E. Boyer, containing 1.717 Acres out of the L.K. Pegues Survey, Abstract No. 703, being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715, Page 708 of the Deed Records of Collin County, Texas. 3. Hold the First of Two Public Hearings for the Annexation of property owned by Charles Bunting, containing 1.50 Acres, situated in the Francisco de la Pina Survey, Abstract 688, Collin County, Texas. Items for Individual Consideration Public Hearings 4. Hold the First of Two Public Hearings for the Annexation of property owned by Mark Clayton,containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688, Collin County, Texas and being out of a 43.24 acre tract of land conveyed to C. Truett Smith,et al,by Jack Parr,et ux, as recorded in Volume 484,page 121 of the Deed Records of Collin County,Texas. 5. Hold the Second of Two Public Hearings for the Annexation of property owned by C. Connelly,containing 5.0 Acres,out of the W.D. Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County,Texas. 6. Hold the First of Two Public Hearings for the Annexation of property owned by Benny Coomer,containing 1.57 Acres,out of the Henry L. Douglas Survey,Abstract No. 292, about 2 '/2 miles South of Wylie, and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs. Rose Rogers Coleman,recorded in Vol. 214,Page 602, Deed Records of Collin County, Texas, said 108.5 acres being the same land described in a deed from M. J. P. Haymas to George Rogers by deed dated April 6, 1874, and recorded in Vol. W,Page 956,Deed Records of Collin County,Texas. 7. Hold the Second of Two Public Hearings for the Annexation of property owned by Antonio Curcio, containing 12.458 Acres, being out of the Francisco De la Pina Survey,Abstract No. 688 and being part of a 43.24 acre tract conveyed to C. Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. 8. Hold the First of Two Public Hearings for the Annexation of property owned by Danny Justus,containing 1.16 Acres,out of the William Sutton Survey,Abstract No. 860 and the Henry L. Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County,Texas. 9. Hold the First of Two Public Hearings for the Annexation of property owned by William Downs,containing 2.857 Acres,out of the W. D. Penny Survey,Abstract No. 696, Collin County, Texas; and being part of a certain 25.679 acre tract as described in deed to L.D. Pearce recorded in Volume 496,Page 268,Deed Records, Collin County,Texas. 10. Hold the Second of Two Public Hearings for the Annexation of property owned by William Downs,containing 1.871 Acres,being a part of a 6 acre tract out of the W.D. Penny Survey,Abstract No. 696,conveyed to Ray Price and wife,Pauline Price,by Ray Tiller, a single man, and Mary L. Tiller, a single woman,by Deed recorded in Volume 817,Page 596, Deed Records of Collin County,Texas. 11. Hold the First of Two Public Hearings for the Annexation of property owned by Jesus Espinoza,containing 5.0 Acres, out of the W. D. Penny Survey,Abstract No. 696, and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County,Texas. 12. Hold the Second of Two Public Hearings for the Annexation of property owned by Diane E. Getty,containing 1.413 Acres,out of the James Truett Survey,Abstract No. 920, being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County, Texas. 13. Hold the First of Two Public Hearings for the Annexation of property owned by Don Hoeft, containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer by G. C. Kreymer, Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. 14. Hold the Second of Two Public Hearings for the Annexation of property owned by Janish,Inc.,containing 2.5971 Acres,out of the James Truett Survey,Abstract No. 920 situated in the City of Wylie,Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S. Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas, and also being a part of Kinsington Manor Estates Section Three, Section Four and Section Five, additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568,Cabinet C, Page 571 and Cabinet C, page 570, respectively, of the Plat Records of Collin County,Texas. 15. Hold the First of Two Public Hearings for the Annexation of property owned by Charles Kerin,containing 4.453 Acres,out of the W. D. Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer, et ux as recorded in Volume 618,Page 312,Deed Records, Collin County,Texas. 16. Hold the Second of Two Public Hearings for the Annexation of property owned by Kreymer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer,et al,by Media Kreymer,a widow,by deed recorded in Volume 645,Page 627 of the Deed Records of Collin County,Texas. 17. Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S.Monson,containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C.Davidson Survey,Abstract No. 266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. 18. Hold the Second of Two Public Hearings for the Annexation of property owned by Vicki S.Monson,containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C.Davidson Survey,Abstract No. 266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. 19. Hold the First of Two Public Hearings for the Annexation of property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey,Abstract No. 860, Collin County, Texas,and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance, Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. 20. Hold the Second of Two Public Hearings for the Annexation of property owned by Norma Motsenbocker, containing 3.93 Acres,out of the Henry L. Douglas Survey, Abstract No. 292, about 2 '/2 miles South of the Town of Wylie, Texas, and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959, By Addison G. Wilson,Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214,Page 602, Deed Records of Collin County,Texas. 21. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas,containing 7.32 Acres,located on Old Highway No. 78, Sachse-Wylie Road in Collin County,Texas and being a tract out of the Henry L. Douglas Survey, Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. 22. Hold the Second of Two Public Hearings for the Annexation of property owned by Peter Nicklas,containing 3.590 Acres,out of the Henry L. Douglas Survey,Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184,Page 893,Deed Records of Collin County,Texas. 23. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas,containing 2.7624 Acres,out of the Henry L. Douglas Survey,Abstract No. 262,and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D.Houston to W.W. Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. 24. Hold the Second of Two Public Hearings for the Annexation of property owned by Robert E.Nolan,containing 0.681 Acres out of the E.C. Davidson Survey,Abstract No.266,conveyed to L.W. Self and wife, Glenda O. Self by R.H. Wilson and wife, Grace L. Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records,and being a part of a 2.573 acre tract conveyed to L.W. Self and wife, by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. 25. Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District,containing 7.94 Acres,out of Francisco de la Pina Survey,Abstract 688,Collin County,Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners,by order of probate Court,December 29, 1923, and recorded in Volume 249,page 346,Deed Records of Collin County, Texas. 26. Hold the Second of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, containing 32.078 Acres, being out of Francisco De La Pina Survey,Abstract No. 688,in the City of Wylie,Collin County, Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L. Creel and evidenced by Order on Report of Commissioners recorded in Volume 249,Page 346 of the Deed Records of Collin County,Texas. 27. Hold the First of Two Public Hearings for the Annexation of property owned by O. V.Justus,containing 1.003 Acres,out of the Henry L. Douglas Survey,Abstract No. 292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County,Texas. 28. Hold the Second of Two Public Hearings for the Annexation of property owned by Kenneth Putman, containing 3.459 Acres, being a part of an original 12 acre first tract out of the James Truett Survey,Abstract No. 920 conveyed to Orville Kreymer, et al,by Media Kreymer,a widow,by deed recorded in Volume 645,Page 627,of the Deed Records of Collin County,Texas. 29. Hold the First of Two Public Hearings for the Annexation of property owned by Ivan W. Stewart,containing 1.0 Acre,being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G.C. Kreymer, Archie Kreymer, Clifton Kreymer, and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. 30. Hold the Second of Two Public Hearings for the Annexation of property owned by Melvin St.John,containing 28.333 Acres,being part of a called 58 acre tract out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 860, conveyed to W. O. Houston and John D. Houston by G. H. Drewery and recorded in Volume 339, Page 436 of the Deed Records of Collin County,Texas. 31. Hold the First of Two Public Hearings for the Annexation of property owned by Choya Tapp,containing 3.491 Acres,out of the Henry L. Douglas Survey,Abstract No.292 and the William Sutton Survey,Abstract No. 860,Collin County,Texas, and being the same tracts of land described in a Deed from Raymond L. Bass and wife, Helen R. Bass to William E. Butler and wife, Charlene L. Butler, as recorded in Volume 855,Page 745,Deed Records of Collin County,Texas. 32. Hold the Second of Two Public Hearings for the Annexation of property owned by Thomas Brown,containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No. 696, and being a part of a 25.679 acre tract conveyed by C. I. Norton and Lyda P. Norton to L. D. Pearce,L. G. Pearce and F. W. Pearce, as recorded in Volume 496, page 268,of the Deed Records of Collin County,Texas. 33. Hold the First of Two Public Hearings for the Annexation of property owned by Garry White, containing 1.089 Acres, out of the I. & G. N. Railroad Company Survey,Abstract No. 1059,Collin County,Texas, and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and wife,Joyce Pockrus,recorded in Volume 1293,Page 84,Deed Records,Collin County,Texas. 34. Hold the Second of Two Public Hearings for the Annexation of property owned by W.L. Brown,containing 1.0_Acres out of the William Sachse Survey,Abstract No. 696 of 640 acres, about 14 miles Southeast from McKinney, Collin County,Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R Moore and Kathleen G. Moore,dated April 15, 1954,recorded in Volume 484,Page 379,Deed Records of Collin County,Texas, 35. Hold the First of Two Public Hearings for the Annexation of property owned by William F. Young,containing 1.0 Acre being out of the Elliot C. Davidson Survey, Abstract No. 266,being a 1.00 acre tract of land out of a 72.5 acre tract, save and except previous conveyances, conveyed to J.R. Eaves by deed dated the 9th day of March, 1958, by J.W. Barnett et ux, of record in Volume 411, page 494, Deed Records of Collin County,Texas. Staff Reports Wylie City Council/Planning&Zoning',Commission Joint Worksession Discussion Regarding Residential Zoning Districts and Development Standards. Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter;and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney;and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the day of , 1998 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-8170. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONr/til Public Hearing November 10, 1998 Item No. Issue Hold the First of Two Public Hearings for the Annexation of property owned by Keith Anderson, containing 2.33 Acres,being out of the James Truett Survey,Abstract No. 920, City of Wylie, Collin County,Texas,and being part of that tract as recorded in Volume 158, Page 457,Deed Records, Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it asdirected in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 4.47194.--- ep Pr aredd by Revi ed y Finan e City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 2.33 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE JAMES TRUETT SURVEY, ABSTRACT NO. 920, CITY OF WYLIE, COLLIN COUNTY, TEXAS, AND BEING PART OF THAT TRACT AS RECORDED IN VOLUME 158, PAGE 457 DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance,the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A,, nd any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being a tract of land situated in the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas, and being part of that tract as recorded in Volume 158, Page 457 Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at the point of intersection of the East line of FM Road No. 2514,N. Ballard St., with the South line of the St. L. & S. W. Railroad right-of-way, said point being the beginning of a curve to the right having a central angle of 8°54' 05", and a radius of 1929.58 feet. A 1/2" iron stake set for corner; THENCE around said curve, and along the South line of said railroad right-of-way an arc distance of 299.78 feet to the end of said curve, a 1/2" iron stake set for corner; THENCE South 00 degrees 40 minutes 56 seconds West leaving said railroad, a distance of 516.73 feet to a 1/2" iron stake set for corner; THENCE South 89 degrees 04 minutes 31 seconds West, a distance of 228.54 feet to a point on the East line of FM Road No. 2514,North Ballard St., a 1/2" iron stake set for corner; THENCE North 00 degrees 51 minutes 00 seconds West, along the East line of FM Road No. 2514,N. Ballard St., a distance of 340.91 feet to the Place of Beginning and containing 2.33 acres of land. "EXIIIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: (Q. ?j3 ACRES SURVEY, ABSTRACT & COUNTY: S i rt.f 1 &kr Ve t AbO+1-o 04. kb . 9 ao C'L t; n 011.Mt, , TetcO Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2)years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr i----ilini i 1 v v Er INN ,..... I. ( ? • ♦II NI_0l 1lIF%�i11 — , SUBJECT P RTY I Ni �pt1><w uu►' ', 11111■nn.% M :1: C : - muumuu .f. 1.4.0043 4 NJ; otAc�'.OP Go" Go Go - • �itllll'�Ili iaive ••• mum so ok -— —-moo GookGook -•w a, I. III MI - Gook t_- Gook -- -Gook= == - r rr1rw rr —r r OM ilriri.."..- —Iw—_ rw rr -- .■ — rr rw -- g• - eW{r I am II or Sid- -- vim Go - win ;ri11111111111 i.i. 1111i ■ii i rf // iiu. -i.d rr ine_I --_r-_�_-.r_ ■■ -. ..'I". . lkrlEEikI, �•.. �, , ■ WO i UM IIein 74.. Asir` rear. .. +. .. MI , —rrn—.—, 0 ..■ S art\ :r -e -.,vgil4itnI.t..ti. //jib suss 0IApm r.;1i/Jlir r . :. r.— — .' �, =i iil� '' r• r :;. Al4l ►.. rrt'..,/riiiltlO w _ d /a _: -1_.1.. _ it/� .Iiniru ;.I;7An;iiii;;iIii::Il:" � - =_ —__ _ —: :: IN = ■ ���' - '. uauii "-"-_ `—_ _ - i�11111111►` II a * 1.11s i111i. - ♦ •r — Gook - i -r. r -- /IrI11111.ii Are 4111111111111ir. I- rL �► -- -- ; 7� L,r� '1111 %. ♦♦ r .i lillllall I'll !I'61111�,.,III,f- {{1�I��1��" —I . wimp r11 /IUIIIIil./Iri. ..Go I;: ,IL, - ■n In am I1111111111111I11I,- Go r • /f lll'iCl:jj-III':;"',6111111',IIIII'ill ���`,0111i111i7 ."lin r, . . . . =r --E Gook Gook` -- ��- �� ��taum1'i C .n __ _ Gook =-�- -- i. .:•.�,�� . — ..— .... Gook ..— , �� p .d1111•i1i O /11 •• �r A 1= '= =' ac :ok .- - hell l ,.� riuint•111 Gook- _ WI ... _Gook- - ok- - - t` — -Ir —:11/y,� I�zs11111111111 . .-..—- - _ r_ Gook Gook I 111i11'11i1111ii 1p -- -_ - _- -- -- - %\, s ♦ ' ` • Gook --' -I -_,...mu1�4 EN afi11111111111- — Gook -� r ■■ ---o. A4 11�1■ C=_ Gook ... GookAtI Gook C 11111//�� /f� �� • r. rr r- - r • 10 .•����/�. ; +.,..,r_=-� Gook Gook - _Mlii11111111 ■ingi ..lire.—leIL '�j _ .._�-_- - -I- � 1 iuuiul • —►- rr —■ C �i. ■11i111i11i��`'..-_ .,.,�._ /�1i111U11- —O►�I_rrn • i 4 ,z : =i= ::11111s ', .: rr ■irrl7f►i ii ii i i iIr a4 — Gook —"• .I . WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. ' Issue Hold the First of Two Public Hearings for the Annexation of property owned by Conrad E. Boyer, containing 1.717 Acres out ofthe L.K. Pegues Survey,Abstract No. 703,being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715,Page 708 of the Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % 17 l0 Item for Individual Consideration Public Hearing-Annexation Request Paae I yS-30 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan /7 (1-/nr("- r >72 & ete,..-4 Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE,TEXAS ORDNANCE NO. AN ORDINANCE ANNEXING A 1.717 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, BEING A PORTION OF A FIVE ACRE PARCEL OF LAND DESCRIBED AND CONVEYED BY DEED RECORDED IN VOLUME 715, PAGE 708 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Situated in the State of Texas, County of Collin, and in the L.K. Pegues Survey, Abstract No. 703, being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715, Page 708 of the Collin County deed Records and being more particularly described as follows: COMMENCING for reference at the Northwest Corner of said five acre parcel; THENCE South 88 degrees 01 minutes 49 seconds East, a distance of 30.02 feet to an iron rod in the east line of Hooper Road marking the Principle Place of Beginning for the herein described tract; THENCE with the North line of said five acre parcel, South 88 degrees 01 minutes 49 seconds East, a distance of 466.88 feet to an iron pipe marking the northeast corner of said five acre parcel; THENCE with the east line of said five acre parcel, South 00 degrees 36 minutes 25 seconds East, a distance of 160.00 feet to an iron rod; THENCE North 88 degrees 02 minutes 18 seconds West, a distance of 468.57 feet to an iron rod; THENCE North with the East line of Hooper Road, a distance of 160.00 feet to the principal Place of Beginning and containing 1.717 acres of land, more or less. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 3 LIMN Hold the First of Two Public Hearings for the Annexation of property owned by Charles Bunting, containing 1.50 Acres, situated in the Francisco de la Pina Survey, Abstract 688, Cohn County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % f Item for Individual Consideration (7 Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 4P701,4"-- 7111;14.. t (444:4 Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.50 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA P1NA SURVEY, ABSTRACT 688, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being a tract of land situated in the Fransisco de la Pina Survey, Abstract 688, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of a county road, said point being the northeast corner of said 2.623 acre tract on the South line of the G.C. & S.F. Railroad right-of-way, a point for corner; THENCE, South along the centerline of a county road, a distance of 359.32 feet to a point for corner; THENCE, West, leaving the said centerline of a county road, a distance of 220.00 feet to a point for corner; THENCE, North, a distance of 234.68 feet to a point on the South line of the G.C. & S.F. Railroad right-of-way, a point for corner; THENCE,North 60 deg. 28 min. East, along the said South line of the G.C. & S.F. Railroad right-of-way, a distance of 252.85 feet to the Place of Beginning and containing 1.50 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 1. 60 ACRES SURVEY, ABSTRACT & COUNTY: --Tr CIOCc -De Lt Ptr o akni h 3-r Lc LLo • Co 85 0,e l f i Yl (2 l i I e1(o Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances,shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr i \ \ N SCALE: 1 If = 600' ____; „;, �f- v sip,s ti... O�t4����a�4iu; :---j 1 IP irAl -.614111 4u • SUBJECT PROPERTY I I, , „ Ilk r I�M ,>••0°°.°°°‘ 11W't State Fit hwtfc78- 1 . n ,...0 _„/►,_ Illy. asumumin1t �a y,.y''r4 S�' 1i 1 O • '==Jli1l� nu 1 / /a 1/////l/~- .rrur1fl■1.11u11111 1f11111 _=: 111111 ��111111 ii m. :. I I �.�IIIIIII11111111 . ..1--E.:I::1 I Ng .... 0: 'i ii ie 1M11j. r 111111111.11114 ��:In i ■��1 NI Illllli���rr, 11�111 �i'��,���:111��•%111 11111ir r___ WYLIE CITY COUNCIL r/pIt INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 4 Issue Hold the First of Two Public Hearings for the Annexation of property owned by Mark Clayton, containing 3.2526 Acres, being all that 3 acre tract and all that .2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No.688,Cohn County, Texas and being out of a 43.24 acre tract ofland conveyed to C. Truett Smith,et al,by Jack Parr, et ux, as recorded in Volume 484,page 121 of the Deed Records of Collin`County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan .4. ‘97294._ r esie M.), 64144i Prepared by Revie by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 3.2526 ACRE TRACT OF LAND, MORE OR LESS, BEING ALL THAT 3 ACRE TRACT AND ALL THAT .2526 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY,TEXAS AND BEING OUT OF A 43.24 ACRE TRACT OF LAND CONVEYED TO C. TRUETT SMITH, ET AL, BY JACK PARR, ET UX, AS RECORDED IN VOLUME 484, PAGE 121 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being all that 3 acre tract and all that .2526 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas and being out of a 43.24 acre tract of land conveyed to C. Truett Smith, et al, by jack parr, et ux, as recorded in Volume 484, page 121 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a point being the Southwest corner of said 3 acre tract from whence the Southwest corner of Lot 8, Block B of Skyview Terrace Addition, as recorded in Volume 5, Page 79 of the map and plat Records of Collin County, Texas bears North 88°52'West a distance o 698.39 feet; THENCE North 34°21' West with the West line of said 3 acre tract and 0.2526 acre tract and the East line of the Texas Power&Light easement a distance of 264.22 feet for a corner; THENCE North 55°39'East a distance of 123.03 feet to a point for a jog corner located in the West line of the U.S. Corp of Engineer Lake Lavon Reservoir Land; THENCE South 5°25' East with the U.S.C.E. Lake Lavon Reservoir Land a distance of 12.96 feet for a corner; THENCE South 83°03'East with the North line of the 3 acre tract and 0.2526 acre tract and the South line of the mentioned U.S.C.E. Lake Lavon Reservoir Land a distance of 484.65 feet a concrete marker with a brass cap; THENCE South 24°58'East with the East line of said 3 acre tract and the U.S.C.E. Lake Lavon Reservoir Land a distance of 251.48 feet to a point being the North right-of-way line of Skyview Drive (a 60' right-of-way); THENCE North 88°44'West with the North line of Skyview Drive and the South line of said 3 acre tract a distance of 541.12 feet to the Place of Beginning and containing 3.2526 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED:3 a�ZACRES SURVEY, ABSTRACT & COUNTY: Fr-a 11(1,J.5C3 La Tin0. rUPc4 Abg-4-rad MO. LO R$ PAOlt►n a'oun.-ci Xtl`) Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr 1 Kilt/ , ii-!....,iii/ omn. 'Z'_j I llif i u:� , 1 =1 = r '' K 1� , _ _......, t SUBJECT PROPERTY T ffi ' .1/-1 ----..1 ,...11 I L Il �`�`+ FV-____": --P.! 11111I4::1 1r _1 El 1 IFlitiiii4 1 �_�-+!� I ,.. „,,, „„-SO I - , ituir j • I ...1 1 -Nit L ► 1 c/I \i -- Iriiii��� ,J �.� IC:C� - r�1�iiiuin G _ uniiiiimm .I 'Iris': =1 NA IIN MI i���- I ram Mt rad/Inn'nth: _7 - i '.1i6='r0.".1'.='.''.'-.=.70"_.:4-= �e ,.yl' ". ,..:..4:. Ir l a.. ' a =i1i.E,..ti..a,-t.o-%o r;.e,.w.tWi•timtOu..u:r:11p 1:E11a,1qa1.:11.i.=.,ii 1z.4.Ii.0.ep.i..n1i1i-4,ii ii8i r s,.Im t-•01I 4e0..1 to .. .'. .-1',,i „rrr/r% . •o0�t,.=i..-N■ 2.' "= =- ' k► . ,• ..: hob —' I/ 1111t��5►fe� �i i1-• Aiti w4.4111Ui... 1 `e _ :7t.7— .I == � iGl: -ter urwrrrrrur, 4111n lair �1iiiiiiilli1 11= '�_ =' _=■ = mi■ WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. Issue Hold the First of Two Public Hearings for the Annexation ofproperty owned by C. Connelly,containing 5.0 Acres, out of the W.D. Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L.Horton et ux by deed dated March 1, 1955, of record in Volume 496,Page 268,Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council_ The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration 4 C+: Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan Prepared by Revi ed by Financ City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 5.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE W.D. PENNY SURVEY, ABSTRACT 696, AND BEING A PART OF THE 25.679 ACRE TRACT CONVEYED TO L. D. PEARCE ET AL BY C. L. HORTON ET UX BY DEED DATED MARCH 1, 1955, OF RECORD IN VOLUME 496, PAGE 268, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A All that certain tract or parcel of land situated in the County of Collin, being out of the W. D. Penny Survey, and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955, of record in Volume 496, Page 268, Collin County Deed Records, described as follows: BEGINNING at a point in the centerline of a county road, said point being in the North line of said 25.679 acre tract 759.8 feet East of the Northwest corner of said 25.679 acre tract; THENCE South 00 deg. 42 min. West with the East line of the Roy S. Turner 5 acre tract 863.20 feet to stake for corner in the South line of said 25.679 acre tract; THENCE South 89 deg. 36 min. East with the South line of said 25.679 acre tract 252.1 feet to stake for corner; THENCE in a Northerly direction and parallel with the West line of this tract 864.90 feet to point in centerline of county road; THENCE West with the centerline of said county road 252.1 feet to the Place of Beginning, containing five acres of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 5.0 ACRES SURVEY, ABSTRACT & COUNTY: Lj D. PP__n..vl� &u--vetk Y1b5-�rc�c_� io . Ca4C0 0ol( n COtini-L) TP ‘a3 Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilisation and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr • 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in-the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr _ II v _ ii! ,c/ .,.......... 1 ----..- -- ffh' Illi P4-frit— FL 14„ . .w_i ill \mil , /- - ` I I1 r ir 1) llli 2 GUF JEC- PROPERTY —I ...1 > I yr�, I •---...-,...... IhIt'sillilLimr._\\ on Nam/I. VIM ■IYI�1/!/ 01 .TIP oil ow ♦._ C C C Cw..............................„............„1/1�■/It/ 111 IP � al •- r1l1111/lilr .1•aZi re lt: -- -� • WI ..ifir=i .-_ 0 —IE=I=C Cam m: I Toft -= we .. r .;! iiiiii — ;,1077imillaz !lila,....,!,.., . i asiy 5.a :10 NI i NIPITM., -.- .... ..n. ...r __, .......•••F ii... EN! =iButaii Iri �f���•at"''�.ilZ1:iti "VigoI+ice ltlt10.4=� 1a�� rt: �::'.. - r�I .� m -' = �isrr i1111�ill *am 2 :::run /�� t tin Cit=.. C r A C Cr:' en Ijr111tt■ if HP ii11111111Mig-lr -- __ ;� _`- - Cilii IP ����1/1111�r �;�! t1i11111111111�,-r an EN __` _ , .— /:�'�' .� iliw /1%Ir111/1// 2.��ir 1111111111111/,'r. rZ- C �� _- -- r-M ,14 i• ♦ -� .,,,,„ .,„II 1114dIII,,,;C111'f `,`�l,/1..1,.+' 1111 Iuniistat a►�► s Aiiiim nu/. .1. c WEII 1111111Oi11icui 3 / /f 11141J L111' 11',No,-;CII'ill ��` , Illf�/'1 CACC _C CC'�C ��` �,v��i1111//i I 11'Ililill HIIIllilp - T Mir- . ��r�w/r�.4$4 i/111/-%11/1 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONr1/1 Public Hearing November 10, 1998 Item No. (o Lunt Hold the First of Two Public Hearings for the Annexation of property owned by Benny Coomer, containing 1.57 Acres, out of the Henry L. Douglas Survey,Abstract No. 292, about 2 Y2 miles South of Wylie, and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et alto Rose Rogers,who is now Mrs. Rose Rogers Coleman, recorded in Vol. 214,Page 602,Deed Records of Collin County, Texas, said 108.5 acres being the same land described in a deed from M. J.P. Haymas to George Rogers by deed dated April 6, 1874, and recorded in Vol. W,Page 956, Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % r 1]//� Itemfor Individual Consideration 1 9 Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation N/A Attachments: Area Map Annexation Ordinance Service Plan 494,4_ Prepared by Revie Od by Finance City Manager Approval Itemfor Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.57 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292, ABOUT 2 1/2 MILES SOUTH OF WYLIE, AND BEING OUT OF THE SOUTHERN PORTION OF A TRACT OF 108.5 ACRES DESCRIBED AS FIRST TRACT IN A DEED FROM JOHN ROGERS ET AL TO ROSE ROGERS, WHO IS NOW MRS. ROSE ROGERS COLEMAN, RECORDED IN VOL. 214, PAGE 602, DEED RECORDS OF COLLIN COUNTY, TEXAS, SAID 108.5 ACRES BEING THE SAME LAND DESCRIBED IN A DEED FROM M. J. P. HAYMAS TO GEORGE ROGERS BY DEED DATED APRIL 6, 1874, AND RECORDED IN VOL. W, PAGE 956, COLLIN COUNTY DEED RECORDS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being in the Henry L. Douglas Survey, Abstract No. 292, about 2 1/2 miles South of Wylie, and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers, who is now Mrs. Rose Rogers Coleman, recorded in Vol. 214, Page 602, Deed Records of Collin County, Texas, said 108.5 acres being the same land described in a deed from M. J. P. Haymas to George Rogers by deed dated April 6, 1874, and recorded in Vol. W, Page 956, Collin County Deed Records; FROM and iron stake by a corner post in the West line of an asphalt highway and in the East line of a public road which runs Northerly, said stake being near the south corner of said 108.5 acres, and said stake also being 34 feet Northwest of the centerline of said asphalt highway, and said stake being also the South corner of a 4.00 acre tract of land surveyed and staked October 8, 1959, by Addison G. Wilson, Jr.; Thence North 45 deg. East, with the Southeast line of said 4.00 acres, at 622.3 feet its Northeast corner, in all 983.0 feet to a bois d'arc corner post at the Place of Beginning; said beginning corner being the Northeast corner of a tract of 3.93 acres; THENCE North 45 deg. East, with the Northwest line of said asphalt highway, 181.0 feet to an iron stake; THENCE North 60 deg. 48 min. West 428.8 feet to an iron stake under a pasture fence; THENCE South 18 deg. 53 min. West 181.0 feet to an iron stake in the North line of said 3.93 acres; THENCE South 60 deg. 22 min. East 347.1 feet, with the fence on the North line of said 3.93 acres to the Place of Beginning and containing 1.57 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 1. 67 ACRES SURVEY, ABSTRACT & COUNTY: keArlr-c6 L, l o i 3Ux uec� y�b s-k--a c4-- IQ o. Jcg 9 a ('.n l( n C'ctkx , TeV_c1.5 Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilising private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr ICV.a-mr V � et = —=.--------r----.17unfirp_v' Pam* .-� Y'Y! t ! !: - - I ion= in itFulair — - ."..-1 "'" '''L. =i; 41p 7 . V i li .74..aim.:,- =g.: -_Aprimmilit. N. .2 immiiiii________IL arr._ 4gin mir Blum ii zi E= ��.. C� �.. � t111f11t1■1_ iC CC EA E E r:4•1 iNt--:"%viral �i Y nri ��,illjv�ICU■ ���� •''\-'! - 111111....1111111111111111 -�� f / Ilu11u111 IIIIIIIf111Hi1 11111; illl MI MI C 11111111111111111111 r..r-�r -- -- - •.� ■I /,. MI 1 , F - -- -w -- A rr rr rr rwawa am —� _ Lailk k ILI gait i !Ellre,1111111mumI 'MINIM a&aum mum, — - I.. IN reimitilin mum : .iluttnu TtUII Q 1.ilta■■�. �. ■.1.. • IllUMM\t\\I/ I l l l l 1 11 1 l l .n►►unu►_ Ell .4 1111uIP�p III I - SUBJECT PROPERTY I. U n o 1 Ellpp. ‘. VI" / e7) No, RI Will/ 4/1/4 rDALL'' COON/ WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No.Immo 7 Hold the First of Two Public Hearings for the Annexation of property owned by Antonio Curcio, containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No. 688 and being part of a 43.24 acre tract conveyed to C. Truett Smith recorded in Volume 484, Page 121, Deed Records of Collin County, Texas. Background hi an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % 1 , . • Item for Individual Consideration Ci j Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan . � 71L2 Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 12.458 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 AND BEING PART OF A 43.24 ACRE TRACT CONVEYED TO C. TRUETT SMITH RECORDED IN VOLUME 484, PAGE 121, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being all that certain lot, tract or parcel of land situated in Collin County, Texas being out of the Francisco De la Pina Survey, Abstract No. 688 and being part of a 43.24 acre tract conveyed to C. Truett Smith recorded in Volume 484, Page 121, Collin County Deed Records and being more particularly described as follows: BEGINNING at an iron stake found for corner in the North line of Skyview Drive and the Southwest line of a 250 foot Texas Power and Light Company right-of-way easement, said point being the Southeast corner of Lot 5, Block B of Skyview Terrace Addition recorded in Volume 5, Page 79, Map Records of Collin County, Texas; THENCE North 34 degrees 01 minutes 14 seconds West 674.51 feet along the Southwest line of said 250 foot Texas Power and Light Company right-of-way easement and along the Northeast line of said Skyview Terrace Addition to an iron stake found for corner in the East line of Wilson Road, said point being the Northwest corner of Lot 1, Block B, Skyview Terrace Addition; THENCE North 00 degrees 51 minutes 15 seconds East 287.60 feet along the East line of Wilson Road to a Government Marker found for corner; THENCE North 46 degrees 58 minutes East 473.32 feet along Lake Lavon Reservoir to a Government Marker found for corner; THENCE South 87 degrees 48 minutes East 215.00 feet along Lake Lavon Reservoir to a Government Marker found for corner; THENCE South 04 degrees 54 minutes East along the West line of Lake Lavon Reservoir passing a Government Marker at 405.00 feet and continuing a total distance of 892.04 feet to an iron stake set for corner, said corner being a corner of a 3.2526 acre tract recorded in Volume 1719, Page 95, Collin County Deed Records; THENCE 56 degrees 29 minutes 24 seconds West 123.92 feet along said 3.2526 acre tract to a fence post found for corner, said point being in the Northeast line of said 250 foot Texas Power and Light Company right-of-way easement; THENCE South 34 degrees 01 minutes 14 seconds East 262.12 feet along the Northeast line of said 250 foot Texas Power and Light Company right-of-way easement along fence line and along said 3.2526 acre tract to an iron stake set for corner in the North line of Skyview Drive; THENCE North 87 degrees 33 minutes 52 seconds West 307.53 feet along the North line of Skyview Drive to the Place of Beginning and Containing 12.458 acres of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: Ia. $ACRES SURVEY, ABSTRACT & COUNTY: sr-a C t sC 4.a P na 31i rV t k AJh. L%g J (i1 l j r1 u rvi-t.i i "fey a S Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr \/ l Ll '', _ r ` SUBJECT PROPERTY 41-1 ,.._? , : 1 /i In \ b i (-- .. . m aim_-)---'- CAA. 411:1, • � ....:„._ 110. � �i 244 Nt /. t i m='r4. 1 mmI�� ii1i='i`�i�' t ■ ■■ + elII: T1 ►iu • I Pill 1111 me NM I lifirili ■ !I�1111i■--- 11 ir/► ill" I== == 11111111111�I Q �H - immi111r ��♦/♦tr,MO•_ 1 IIII NI IN III 2_ 1111111111111�ii.tlr. ww -- www w ww I�w wr w+ w um E I E F.1:41.E E=I Inoi E E , l'i F. i ... mom so on Oa M 10111 pi oeill . - . ;ism= am m elm mt iiit ia,, . . „ ., ill 'Zi ,r �o ■1///NI /� '� r2 LI::= r -- �.. -.-I-www•..pr l,n ■. rl�u,■■ •• IIIII min I a editsI al Ilt ..:.,,: . .. ..... - ::::.ti` ,1r1 mi■�/IlR��`�,�,,�� ` �...�„ .- Elm ow Now Now_w_ms_.v _ . ■ .441116 :.�� wr ■r .r - - of ♦t 1� _ ........... -r.r■ - � z1. II♦�ila Ili► - = _-- — _-'.� ,- .1411111.4 wtil.E.i)::=- ir<� IiliPtriValilinill N �11111011���— d = �— mtri■■ ■. ■ r-41 -� 2,1 ./ unnunull, _ = in m'__ �1111111111rrt li �� = 1 4/i11/w/n -.�j •t" 111.111111111111... = 3- F.I r :I •t R7.7. __ .�uult:ui III lamj,,,aal- `,������Illli/I� 1 �1ri/i//r//rrir/��1► �� Ii/un11Ti11ri• .w 11111u-1 - .. = :- 1�lti .1- ,1-11-. I . , - �� 1111111111i111���'a -. I::: . _ ��� ���fi1111U'1 11�IIIItI0NtU111((/ r. ._ 1�"`=-L�",�cc �� /� ,� ,� ����/1111-�/1f1 ! ����>! ;-: _ r. ...Iw M. 11\�, -3,�s;1111111.11111 _- -- Ere •. 111111�111111r1 I ` WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONrit Public Hearing November 10, 1998 Item No. g Ike Hold the First of Two Public Hearings for the Annexation of property owned by Danny Justus, containing 1.16 Acres, out of the William Sutton Survey,Abstract No. 860 and the Henry L. Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % VI Item for Individual Consideration Public Hearing-Annexation Request `fit,. Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 76eZt 4,144 Prepared by Revi ed by Financ City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDNANCE NO. AN ORDINANCE ANNEXING A 1.16 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY,TEXAS,IN THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860 AND THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292 AND BEING OUT OF A 27.644 ACRE TRACT AND BEING OUT OF A 4.0 ACRE TRACT AND A 4.5 ACRE TRACT OUT OF SAID 27.644 ACRE TRACT;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being out of the William Sutton Survey, Abstract No. 860 and the Henry L. Douglas Survey, Abstract No. 292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract and being more particularly described as follows: BEGINNING at the Southeast corner of said 27.644 acre tract, iron stake located for corner; said beginning point being the Southeast corner of said 4.0 acre tract; THENCE North 88 deg. 34 min. West with the South line of said 27.644 acre tract and the South line of said 4.0 acre tract and with fence line, 268.00 feet to iron stake for corner; THENCE North 01 deg. 00 min. East parallel to Old Highway No. 78, 186.25 feet to iron stake for corner; THENCE South 88 deg. 34 min. East parallel to the South line of said 27.644 acre tract and parallel to the North line of said 4.0 acre tract 268.00 feet to stake for corner; THENCE South 01 deg. 00 min. West with the West R.O.W. of Old Highway No. 78 and East line of said 4.5 acre tract and 4.0 acre tract, 188.25 feet to the Place of Beginning and containing 1.16 acres of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 1.1C, ACRES SURVEY, ABSTRACT & COUNTY: LLD i Carn 3Gt-N-6n 3u rVei t-42Yl.r-L L• 1)OU- IQ5 P LUrV�L� Igo. &IFa a p1 l ccu_r -u) ,Tev o S Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 • 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr V4.. I, 4 ±l / . a= In we or 1m= ..� 1%r ----=.........•1-0----0-r-- --ill m MN 111-111111111111. 11011111 7...--- "":tr.EOM iailiZ". IMIIITIV •Al IIIYI :1-11,::1::=1"Zn A.1111 441M MIN if % 11111 di SI Es•M= In ...Nil � Illllllit 1.0 C= Ar�'i��l t7 ...And �n 111111111� i- 4 ifir" I C E. ro 11f111111� I+ :C • ` 7. ,Y 4 :Z.'iri= r ♦ ♦ rg. �0� � .Z.' # * -41,.1 iT .4' if if�♦`����ii t1■ .. i• ���`�� I 1,ll11111111111111111111111■0B+••'�4\.IuuigP : Iluluui 1111�1 _■l \�111 11111111 1 t1111111IIII.■ 11111':• f �7 I � 111111111111 �1111111111111111111�■' HI,..l 1 �= r�==�==fir=1= I iv=ii.ir rr rr r illIP . - i ��� 1 416, if la* Au wow mi mg sa• gIllllltlunn Mimi f MIN 41/\ lb • III►III►IIII mum ♦ I,•......�' • Z1 I IMIIIU/Mum ♦ r . . . .. r. �1�u1tilU MiffQ♦♦ �/ ,11��� :��~: 2 \1N\\M%U►/s 11 Milillilll •� ■ r. IlllNl/llll, PI I111i1111U1 v 1111 . SUBJECT PROPERTY>,-- ki, I. . no 141/fr ' <NI /AperNpr ,/, DALLj' CDUN/ WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. q 9R- I issue Hold the First of Two Public Hearings for the Annexation of property owned by William Downs, containing 2,857 Acres, out of the W. D. Penny Survey,Abstract No. 696, Collin County, Texas;and being part of a certain 25.679 acre tract as described in deed to L. D.Pearce recorded in Volume 496, Page 268,Deed Records, Collin County,Texas, Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % 1 f a i ", :' ,�} _ _ u, .• ` / Itj,nfor Individual Consideration t.- " Public Hearing-Annexation Request p Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 914,4--- 22a. Pgt,i4i- Prepared by Revi d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. — I AN ORDINANCE ANNEXING A 2.857 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE W. D. PENNY SURVEY, ABSTRACT NO. 696, COLLIN COUNTY, TEXAS;AND BEING PART OF A CERTAIN 25.679 ACRE TRACT AS DESCRIBED IN DEED TO L. D. PEARCE RECORDED IN VOLUME 496, PAGE 268, DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONtriligt‘ Public Hearing November 10, 1998 Item No. 10 Issues Hold the First of Two Public Hearings for the Annexation of property owned by William Downs, containing 1.871 Acres,being a part of a 6 acre tract out of the W.D. Penny Survey,Abstract No. 696, conveyed to Ray Price and wife, Pauline Price,by Ray Tiller, a single man, and Mary L. Tiller, a single woman,by Deed recorded in Volume 817,Page 596, Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % �' ., 2 `\ Itemfor Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan M4,14.e- Prepared by Revi-led by Financ City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.871 ACRE TRACT OF LAND, MORE OR LESS,BEING ALL THAT TRACT OF LAND SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF A 6 ACRE TRACT OUT OF THE W.D. PENNY SURVEY, ABSTRACT NO. 696, CONVEYED TO RAY PRICE AND WIFE, PAULINE PRICE,BY RAY TILLER, A SINGLE MAN,AND MARY L. TILLER, A SINGLE WOMAN, BY DEED RECORDED IN VOLUME 817, PAGE 596, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. II Issue Hold the First of Two Public Hearings for the Annexation of property owned by Jesus Espinoza, containing 5.0 Acres,out ofthe W. D. Penny Survey,Abstract No. 696,and being a part of the 25.679 acre tract conveyed to L.D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955, of record in Volume 496,Page 268, Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % v �. Item for Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 49710t/4--- Prepared by Revi d by Financ City Manager Approval Item,for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. of T AN ORDINANCE ANNEXING A 5.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE W. D. PENNY SURVEY,ABSTRACT NO. 696, AND BEING A PART OF THE 25.679 ACRE TRACT CONVEYED TO L. D. PEARCE ET AL BY C. L. HORTON ET UX BY DEED DATED MARCH 1, 1955, OF RECORD IN VOLUME 496, PAGE 268, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News VVYLIE CITY COUNCIL rte,41 INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. I�- Issue Hold the First of Two Public Hearings for the Annexation of property owned by Diane E. Getty, containing 1.413 Acres, out of the James Truett Survey,Abstract No. 920,being part of a 6.327 acre tract of land as described and recorded in Vohune 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Itemfor Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan '11n1/°— )/04.1.1e. did/14;J Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDNANCE ANNEXING A 1.413 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE STATE OF TEXAS, COUNTY OF COLLIN AND CITY OF WYLIE, BEING PART OF THE JAMES TRUETT SURVEY, ABSTRACT NO. 920, BEING PART OF A 6.327 ACRE TRACT OF LAND AS DESCRIBED AND RECORDED IN VOLUME 949, PAGE 634, BEING THE SAME 1.414 ACRE TRACT OF LAND AS DESCRIBED AND RECORDED IN VOLUME 2176, PAGE 134 OF THE COLLIN COUNTY DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDNANCE AND COMPREHENSIVE ZONING ORDNANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Situated in the State of Texas, County of Collin and City of Wylie, being part of the James Truett Survey, Abstract No. 920, being part of a 6.327 acre tract of land as described and recorded in Volume 949, Page 634, being the same 1.414 acre tract of land as described and recorded in Volume 2176, Page 134 of the Collin County Deed Records, and being more particularly described as follows: BEGINNING at an iron rod found in Paul Wilson Road (a gravel roadway)marking the Northwest corner of the aforementioned 1.413 acre tract, said corner being in the North line of the aforementioned 6.327 acre tract and bears West, a distance of 759.32 feet from the Northeast corner of said 1.413 acre tract and the premises herein described; THENCE with said road, the North line of said 6.327 acre tract and 1.413 acre tract, East, a distance of 228.11 feet to an iron rod set marking the northeast corner of said 1.413 acre tract and the premises herein described; THENCE with the East line of said 1.413 acre tract and said premises, South 00 degrees 17 minutes 52 seconds West, a distance of 260.55 feet to its Southeast corner and iron rod found for corner, said corner being in the centerline of an electric power line and the South line of said 6.327 acre tract; THENCE with the South line of said 1.413 acre tract, 6.327 acre tract and the centerline of said electric power line, South 85 degrees 13 minutes 05 seconds West, 228.85 feet to an iron rod found marking the Southwest corner of said 1.413 acre tract and said premises; THENCE with the West line of said 1.413 acre tract and said premises,North 00 degrees 16 minutes 00 seconds East, a distance of 279.63 feet to the Place of Beginning and containing 61,588 square feet or 1.413 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDNANCE: ACREAGE ANNEXED: 1.413 ACRES SURVEY, ABSTRACT & COUNTY: TQJYIe5 Trued &rUna a�s�r - Kto. TO a� ('olfir, Cm ik Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr UN H ;■ ,_ . t- , • ( I I \ ■■■. ii& • I 1111 \ I Ny =1:1111114 I I ® �'I .. L I t 1 , i11i=i� 11' i1i • ■ SUBJECT PR I, ' RTY jai ice■ •11111i III!/ DN.. 1 1 i s i..,,lrp i=n u=m e=• I=M M=I OW OVUM 111/4 f. 1111111111111:11 1 b .%u+-- -- - 11111111111 li; .. A a 1.1 ell MI III Ill 1.1 IN Ise Ng m Ea I= Ila MI MI Eli om Fr i •\,n,■■ mu - fftlf1f111NR :�, '' '/g■■■a■■ Clint; l iI" Nr ♦ ■ t=: gmow • Hon imam t f rll� . .. . . WO 111/■ 11rimi • ``OUF 414.0 ..I111` .)1111: MN mile....._.lInn� ' l;q1::-Ie11-. tixs t r111 .- „„N ..,.. ...,..„,,,,... -it : Oka: r.n.41:440 4100 41: =.1: ■ }} . - w --i -..,0.mile --i s. Riker 4.n■na i1r� •+iIu1111n1110: 2����= -- c = =_- rum■� =1171 II -�ys— -- - 1='- -::..- 1111111M1141.. >.• r / �illl 'I IIII!f�atlaltiam and► •. .r/11.uun1.a1- .t- -_ leiIV1U.Vnil: :1 1111111111111111t'- - i / /I111'ill:l_In!;I:',Nlllnl' ll;u!ill ��,`0 IIi11i1/ lu �. - - _. ■• _,.......1 --• -'-'.-- I.11IIU�1 111111Q1111111111Q1/ F. MI_L-r IN MI ,`.`:.�°:Illlr- III ��� _ _r -I-_ _����,a'An�1111111111111 S.� ---._ •_ _r _— _r __ _r._ C , 111111 riiliiiri ..— —= -- r— rr _ =CIC%NMI alrilr1M111 P > ayin r'1iEi`::= : r.. _■ ■LI Ll _mizE E- ■�ii/wiiI♦r °MI 11 .' r11MO = t.- •• ihyp_ -. .. ..= : ■iiilr_/iii miff N sari& • = = +` = 1111111 1........... 111■11- ei- -- �t•��- .i -- -- _ t. t-�l� �.,�. ,, - ` -�1.. ..11111�i11- ... -- ii��11t do ■� t-n - ■�A�: '� �' WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. I— Issue Hold the First of Two Public Hearings for the Annexation of property owned by Don Hoeft, containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G. C. Kreymer,Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. Background of life and the provision of services within the In an effort to ensure the goal of protecting the quality area,the City of Wylie believes that the property shown on the attached map s d be within zoned ts city limits. Should the City Council approve the annexation request,the property temporarily as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % C � � � � /If Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 4 '. 041/4"-- j1(14;4. 64114:4 Prepared by Revie d by Financ City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO.__ AN ORDINANCE ANNEXING A 1.414 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTRY�T XAUSRB��ABSTRA O NOF A 6920, .327 ACRE TRACT OUT OF THE JAMES CONVEYED TO ORVILLE KREYME�BY G.BILLYCKREYMER_RBy�DEED CHIE KREYMER, CLIFTON KREYMER AND RECORDED IN VOLUME 949, PAGE 634 OF THE COLLIN COUNTY DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED�� TRACT OF 0 OTHER CIATID SHALL ZEN OF BE ENTITLED TO THE RIGHTS AND WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE FORAND REPEALING, SAVINGS ANDNSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING SEVERABILITY CLAUSES;PROVIDING FO PUBLICATION OF T EFFECTIVE DATE OF THIS HE CAPTION ORDINANCE;AND PROVIDING FOR THE HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: ECT SION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance,the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SEC TION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SF CTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SE TION 7: Should any part or portion of this Ordinance,or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. F.C'TION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SRC TION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary Wylie News DATE OF PUBLICATION: Exhibit A All that tract of land situated in Collin County, Texas,being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G.C. Kreymer, Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Collin County Deed Records and more fully described as follows: BEGINNING 286.50 feet West of the Northeast corner of the said 6.327 acre tract in the center of County Road; THENCE West a distance of 244.38 feet to corner in South line of 6.327 acre tract and center of Electric Line steel towers; THENCE North 85 degrees 15 minutes East along South line of 6.327 acre tract and centerline of steel towers on Electric Line a distance of 248.63 feet to corner; THENCE North 00 degrees 48 minutes West a distance of 239.92 feet to the Place of Beginning and containing a total of 1.414 acres of land; as surveyed on the ground in February 1976,by I.N. Griffin,Registered Public Surveyor. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. • DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 1.1414 ACRES SURVEY, ABSTRACT & COUNTY: Q n Ic S -TrA d+ Prbsf-rad K(e)• 9 aO act. rt - e,V15 Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr 1� v \ l if ■l- f ZX t -.'—.'1 ... ....1*.i ., zi go, =44 *AIL I '. ►i111=id j ( SUBJECT PROPERTY P111 94 Vi . 4 ,_-: _,.._ , ill --)11 ti_Tr...rd.A. m0. —alii1116- /1111 �� N �s, ��t11111/ 1IIA IFimaiiiilil�: \ ��/�i. -- -=�� R`iiufnuuniu ,411a N am 1= aim EN ON III IIII SI MI ION ow III NB ____..A_,- = 1111 NI m .I! __ __ :-.Plingi __ __ _ ... ..._ .... r.,41 =r, ==Im p 1 .. :. :_ : i II~flit 111111111111, ii �I vr 1l1 111 1111116111 'Z. n 1Ini. .. nG : / . o • u--:: `:- .."Ri i.% all.A= zc - ■ == _" ._ :-or A tpEIIk_ NU �� ii"ii i1/1 ��.►Q `�t_�_M_ ■— _Main — __ = = -on. .. 1i1 .Z 1�.��IIIii1t1�1 _ — C� '— liWai�HIIl/ii iUN ll""a :MI •r s ��aw�T�.__ _ __ __:Min a.- /+� II' l • jl• +/IlIHHIlIi �4�Q4 li11111111111/e, C C .�!Idllf-lll LI 111'LII_IIiG77,,N �s%"IIii1/1_II :'NH IIlIlIIluuII Ii1em 1�/i111H11iiiiii E1 •v_ 11 7r. �`, 111/11 / -1/Il '7. -- 1 1114L -UIk,:1',11111111'.,Cill'ill �� I� IIIi11111111Q11��111111 MI• MI _ __�__ __;__ ��� �����i1111�/"/ = W II IIti1111h1NI11U11, _ O• = - -_MEd. -L-- -III- �l•..�•.'�.�.o.I11�/ /11 11� ♦• A,- :M C Z1 -c1-ZIle miIC: =Mill/, a' wir,•.1,1U11i�11 Wili ,, ,� •-- =- --I--I--I-:�=�11ur... ..•Aiii ■u/Il//11//tl�t; _ __ Will __ �_ __ :_ _ _s i kr-- __.tiv ltyr 't-it— — •till,anor -A- 111f■ _- -_� -I-- -. .2.,_ /"II" /•11t/i10 i itiiiiu1*. _ __ __ __ __ __ .. "II" MINI, At' st,, iC �r .i�l��'_ _ �- -_ _- _� �-�_� _' �� �fulifll (ttftt��� allhavito . :: C Milli11111111iN arm= —Tab* ■ _,1r E�►an Fir:: -= _= kite�;_ -- --flui :- - ./ftttti.:.. .i - .._.. (��J jj +-r_. . Itltt1111uu� •- -- ..•-.a:= =- f1. .. - -.. - WYLIE CITY COUNCIL rft INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 14- Issue Hold the First of Two Public Hearings for the Annexation of property owned by Janish, Inc., containing 2.5971 Acres, out of the James Truett Survey, Abstract No. 920 situated in the City of Wylie, Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S. Houser recorded in Volume 3851, Page 148 of the Deed Records of Collin County, Texas, and also being a part ofKinsington Manor Estates Section Three, Section Four and Section Five, additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568,Cabinet C,Page 571 and Cabinet C,page 570, respectively, of the Plat Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November November 4,1 1998 988 Second Public Hearing: December 15, 1998 Institution date(Adopt Ordinance): Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Yr Itemfor Individual Consideration " ~' Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan //1:q114,94— • •.' MtAt- etigi:a Prepared by R • ed by Finan City Manager Approval Itemfor Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. R AN ORDINANCE ANNEXING A 2.5971 S SURVEY,TRACT OF LAND,ABSTRACTORE NO. 9200 LESS, SITUATED IN THE JAMS TRUETT BEING IN THE CITY OF WYLIE, COLLIN SUBSTITUTE UTE TRUSTY, TEXAS EE'S AND DEED BEING THAT SAME PROPERTY DESCRIBED EXECUTED BY MARK S.HOUSER RECORDED IN VOLUME 3851,PAGE 148 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND ALSO BEING A PART OF KINSINGTON MANOR ESTATES SECTION THREE, SECTION FOUR AND SECTION FIVE, ADDITIONSTHE CITYNET OFC PAGE,,5TEXAS AS RECORDED IN CABINET C, PAGE 568, AND CABINET C, PAGE 570, RESPECTIVELY, OF THAT THE OWNERST A AND S OF COLLIN COUNTY, TEXAS; PRO INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE FORAND REPEALING, SAVINGS AND NSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING SEVERABII-ITY CLAUSES;PROVIDINGPUBLICATION OF THE CAPTION N EFFECTWE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance,or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary Wylie News DATE OF PUBLICATION: Exhibit A Being a tract of land in the James Truett Survey, Abstract No. 920 situated in the City of Wylie, Collin County, Texas and being that same property described in substitute trustee's deed executed by Mark S. Houser recorded in Volume 3851, Page 148 of the Deed Records of Collin County, Texas, and also being a part of Kinsington Manor Estates Section Three, Section Four and Section Five, additions to the City of Wylie, Texas as recorded in Cabinet C,Page 568, Cabinet C, Page 571 and Cabinet C, page 570, respectively, of the Plat Records of Collin County, Texas and being more particularly described as follows: BEGINNING at an iron found at the Northwest corner of said Kinsington Manor Estates Section Five, said pont being on the East right-of-way line of FM 2514 (100.00 feet wide); THENCE North 85 degrees 12 minutes 52 seconds East along the North line of said Kinsington Manor Estates, 771.76 feet to an iron rod set; THENCE North 00 degrees 53 minutes 05 seconds West, 241.85 feet to a PK nail found in the center of Paul Wilson Road and the North line of that certain 6.327 acre tract of land conveyed to Orville Kreymer by partition deed recorded in Volume 949, Page 64 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 43 minutes 07 seconds East along said center of Paul Wilson Road and the North line of said 6.327 acre tract, 286.34 feet to an iron rod found at its Northeast corner; THENCE South 00 degrees 43 minutes East along the East line of said 6.327 acre tract, passing an iron rod found at the Northeast corner of Kinsington Manor Estates Section Three, 261.66 feet to an iron rod set at the Northeast corner of a 15.0 foot wide alley as platted by said addition; THENCE South 85 degrees 12 minutes 52 seconds West along the North line of said alley, 1057.09 feet to an iron rod found at its intersection with the East right-of-way line of FM 2514; THENCE North 01 degree 57 minutes 37 seconds West along said East right-of-way line of FM 2514, 45.05 feet to the Place of Beginning and containing 2.5971 acres of land, more of less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: a.5g7jACRES SURVEY, ABSTRACT & COUNTY: Larne S Trc.t 4 au--v eu Ab: rac* klo. qQo Col( ; n C'iun-f ) ,Tern Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr v 1—j1111111 . 0 ... i■ .� ____ r 1,,: .,-----,--' _......„\ 6. �+ AIM _= • l t l l C Nlif ' ,, =44 I I iIi4'1 diEI l' IIIII I _ SUBJECT PROPERTY I am/ .■Illlilllllll�/ itt- ■t111 1111111�- 111bro lb- �� 1111- Cl1 • 11111111111111 , r ,�1 1.1LI::2 . ■11111111111111 i1 Nu um sil IN ea Mil in me Ile• Me NI MI OM en In MO IN erd me 7:4 aaI■ ie me N nu t am me me iml+ d.-.-.-z2.-:z.--.----=.--.1--:;-.-.M.-rI:=r.:=. +� III III p i1•. 6, •:--==•r•A::•a.i mm n g•m.s•1=•„.A!..I.1._.•..i=rs2.,i..".n.. ..,.•r2!=_.=L,i.!.- i._.si._:,N.-=.'_;—=E=-_5.Be:_7.- .- r4.M.r.i_„tE1i,c1mM.._w.i1il I r-lrli.rs4e,.-:.i M.:4.. 1.i..r,1*..I...1.i.M..2. n I•.I•l:.r•)s1.a:..a:::ii:.a•..110 ...11 ,111- 1 I�nia{a■!{i{li : i r ,w. •.=I.1.n..1, r_g Hill i ! II ': =. .d n i : ■ I111{ Ill �41I1�!�`- r� :i.!_ - -� _:_ __r__���i�r w i u4!l •♦ � �),``` ,�El== Re al ILI = „ 11 - .- , III!/ �♦ �� 4__ .::. m — — _= _�_ A .— . . .. .4. *tom r-.r- i�tffj 4rNtioVAl0ori wts m,,„i*ai,„, .:..l l..1...1 1,l.1-7m.."1,••1,•1•:i...a 6...:..„o:""a.,•.'i M„l—e liii,l,iO„ri a i„i1ft.i,i4 4♦U{11y1�t - _ __ =wf =.. -_ s m. ■{■ .III. ,111111111.. .. - - -,—. 1t4.e4:r1/`1i11k 44m1ism 111{Ira r' ♦ 'r-.__ ..-. _• -_ - �_ __ rr.. / 1{/ 1. .--. .-.- .r.1.. ‘��NllanMr .-�..'!4 . unululun.� __, =" - == L:prlii111111■ l " -•41 Q. H1111111110_ C_ C —r a'lillifa i 11 I II'I,IIII 911'tr ,��>,trilluneinugli,►==J11/U{'1{m •._ Z— / / , IIi11ii'17 = I1i - —+- '- -- III'iCl{-III!,;;',HIIIIII' IklPill � aaia IIIIIIIIIIIIII111I— .. 1 . 0t.11111■'1 11{ P•4/ , : _ •- -- -- _- -- -...fir.• 02Filllll1.1M rV; 4 -_ __ =` �-=1=- `surd a w.t nuuliinll itar dr.r i:e.z. A.,i _ _- -- - - -4:1■t•:11 • _ _— _ _rims -_ _- _ - -+� -- -- -_ =- __ -- -- -- —.. -- - ■1111111■'■111■11* m{1l{1mmits0 "� 1i>�ijr , =i l�:,rr �—_ -- -- — -1. . .111111111 ■11/f/� 11 {w{1 li '> rir;EF3II __ _■ ■_ IjE]E J11. b }1p7, 111ii11 ■ MIR E •sr Ad. mut Er.s. cm :LI tt•igz- == == == -a: = maini:gon HI '//(\ ,1 i�_- -s,- ::IIIIIAIIa es NI ra 1 I SIVI: I .. ii i "A�lall i WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 9g Item No. 1� Issue Hold the First of Two Public Hearings for the Annexation of property owned by Chat ofrles �0 containing 4.453 Acres,out of the W.D.Penny Survey,Abstract No. 696 and g p acre tract conveyed to John Coomer,et ux as recorded in Volume 618,Page 312,Deed Records, Collin County,Texas. Background of life and the provision of services within the In an effort to ensure the goal of protecting the quality area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality mayinstitute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request ( �,- Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan Mjte,�'/ z• Approval Revie d byFinance City Manager Prepared by Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. I AN ORDINANCE ANNEXING A 4.453 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE W. D. PENNY SURVEY,TRACT ABSTRACT D TO JOHN . 696 AND BEING PART OF A CALLED 5.0 COOMER, ET UX AS RECORDED IN VOLUME 618, PAGE 312, DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED� OF OTHER CI TRACT OF ATID SHALL ZEN OF BE ENTITLED TO THE RIGHTS AND WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE FORAND REPEALING,_S CGS AND NSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING SEVERABILITY CLAUSES;PROVIDING �LICATION OF TDATE OF THIS HE CAPTION ORDINANCE;AND PROVIDING FO HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052,Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices,hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance,or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary Wylie News DATE OF PUBLICATION: WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONri/11: Public Hearing November 10, 1998 Item No. /<o 00" Issue Hold the First of Two Public Hearings for the Annexation of property owned by Kreymer Investments, Ltd., containing 5.571 Acres, being a part of original 30 and 12 acre tracts out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer, et al, by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627 of the Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is.675 per $100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan ,949.€L__ niv Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 5.571 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF ORIGINAL 30 AND 12 ACRE TRACTS OUT OF THE TAMES TRUETT SURVEY,ABSTRACT NO. 920,CONVEYED TO ORVILLE KREYMER,ET AL, BY MEDIA KREYMER,A WIDOW, BY DEED RECORDED IN VOLUME 645, PAGE 627 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News l,Jf • - WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 � _ � Item No. I Issue Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S. Monson, containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No. 266,Conveyed to Robert Lemon Reynolds by Tick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Heating: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % "' Item for Individual Consideration Public Hearing-Annexation Request �` �` Paae l Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan Gxf,d- )11 '44 Prepared by R ed by Finance City Manager Approval o Itemfor Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDNANCE NO. AN ORDNANCE ANNEXING A 0.197 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF A 2.573 TRACT OUT OF THE E.C. DAVIDSON LEAMON REYNOLDVEY,S ABSTRACT BY CONVEYED TO ROBERTJICK HOUSEWRIGHT AND EARL PARSONS BY DEED RECORDED IN VOLUME 573,PAGE 533 OF DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTSABOVE-DESCRIBED TO THE RIGHTSAND PRIVILEGES LAND SHALL BE ENTITLEDOF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDVEINRA�BICE I,I YNO. C�AUSES; PROVIDING FOR REPEALING, SAVINGS AND AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. IS Isau$ Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S. Monson, containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No. 266,Conveyed to Robert Lemon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % " a `" a d :r Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan %.07,1' )(4.1-At Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 0.483 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, BEING PART OF A 2.573 ACRE TRACT OUT OF THE E.C. DAVIDSON SURVEY, ABSTRACT NO. 266, CONVEYED TO ROBERT LEAMON REYNOLDS BY JICK HOUSEWRIGHT AND EARL PARSONS BY DEED RECORDED IN VOLUME 573,PAGE 533 OF DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL rf/1 INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. /41 Issue Hold the First of Two Public Hearings for the Annexation of property owned by Claude Montgomery, containing 20.00 Acres,out ofthe Henry L. Douglas Survey,Abstract No. 292 and the William Sutton Survey, Abstract No. 860, Coffin County, Texas, and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance,Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan ii , 'C Mitt ed&O- Prepared by Revi/ed by Finance City Manager Approval Item,for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDNANCE NO. AN ORDINANCE ANNEXING A 20.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292 AND THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, COLLIN COUNTY, TEXAS, AND BEING A PART OF AN 85.319 ACRE TRACT OF LAND CONVEYED TO RICHARD D.NANCE, COY WATKINS AND THOMAS CHAMBERS BY DAVID L. GOFORTH BY DEED FILED MARCH 10, 1969, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code,and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance,the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance,or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being a part of an 85.319 acre tract of land conveyed to Richard D. Nance, Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969, Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the South line of said 85.319 acre tract and the Northwest R.O.W. line of Old Highway No. 78, thence North 44° 55'East with the Northwest line of said Old Highway No. 78, 300.00 feet to an iron stake for the Place of Beginning; THENCE North 45° 05' West 428.77 feet to an iron stake for corner; THENCE South 44° 55'West 411.71 feet to an iron stake for corner; THENCE South 59° 49'East 11.50 feet to an iron stake for corner; THENCE 19° 08' West with the most Westerly Southeast line of said 85.319 acre tract 181.65 feet to an iron stake for corner; THENCE North 60° 30' West with the Southwest line of said 85.319 acre tract 375.42 feet to an iron stake for corner; THENCE North 01° 56'East with the West line of said 85.319 acre tract 1040.04 feet to an iron stake for corner; THENCE South 64° 57'East 1496.05 feet to an iron stake for corner; THENCE South 44° 55'West with the Northwest R.O.W. of Old Highway No. 78, 600.00 feet to the Place of Beginning and containing 20.00 acres of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDNANCE: ACREAGE ANNEXED: an,(� ACRES SURVEY, ABSTRACT & COUNTY: 4e-r1.riA L. Dr to ( I Q 5 SL.ry e LS r b SkTYII-C-- }Jo . Sc LDO C..oil i f e-lQ S Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr / CV.1 V I t Oil/ ,� c= -- • I -malAl g•• di :::::._-,- _ .1. • . _ A ,r_ _maw 4 ii---- :41=7,---.1.1=-0.7. m NI a Nur it> Zni.ii'laic AN r.. ,—0 me oilic-- illY111111=1.-YE ihilmjumailillr...lt gir MIMI -4:t ,71 im., \ yr 411 r ::111111111r: I iC Ay I r f�Ilk, iP► :'AMC 1113...-st#::•51-:!.! ! ..,.'.,it= 1■ •� ��� / � /1■sas ,O ,1111111t m{ititltttltllri s .••• A. ...,uiuri\ : Iilnuui111111111111111 �i i , l :i 711I Iliuinh tll IIIIIiniu II ma 'Y- Zg 1111 1111 lift :u111111111111111111'■ f �a I5 515 / , = r _ - II H I II-II H I , ,1: ,. ii: Ii .a 1 4411116. _ ■:aima 671111) WM Inlllel`g I •I'lI�� �4/1 . /lllll111111 lllllll/`� sI=. mi► '~ Z. i/UIIMW Ulll/1 us LUU U% mu \\1 UM IV/% II) .�". /llllilllllll�.• ■ aVAA111111/4. r" 11111111M' ■ 7 _ SUBJECT PROPERTY I � I I El 0 jIr ' II 1 1111 r IA 11111.11/ / DALL j: COON/ ` Ai/tri WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. O !Out Hold the First of Two Public Hearings for the Annexation of property owned by Norma Motsenbocker, containing 3.93 Acres, out of the Henry L. Douglas Survey,Abstract No. 292, about 2 /2 miles South of the Town of Wylie, Texas, and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8,1959,By Addison O.Wilson,Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as fist tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214,Page 602, Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % F ' t" Item for Individual Consideration 0 Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan - ( r MI 611,,w; Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 3.93 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292, ABOUT 2 '/2 MILES SOUTH OF THE TOWN OF WYLIE, TEXAS, AND BEING 3.93 ACRES OF LAND OFF THE NORTH END OF A 7.93 ACRE TRACT SURVEYED OCTOBER 8, 1959, BY ADDISON G. WILSON, JR., SAID 7.93 ACRE TRACT BEING OUT OF THE SOUTH CORNER OF A TRACT OF 108.5 ACRES,DESCRIBED AS FIRST TRACT IN A DEED FROM JOHN ROGERS ET AL, TO ROSE ROGERS, WHO IS NOW MRS ROSE ROGERS COLEMAN RECORDED IN VOLUME 214, PAGE 602, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Situated in Collin County, Texas, and being in the Henry L. Douglas Survey, Abstract No. 292, about 2 1/2 miles South of the Town of Wylie, Texas, and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959, By Addison G. Wilson, Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres, described as first tract in a Deed from John Rogers et al, to Rose Rogers, who is now Mrs Rose Rogers Coleman recorded in Volume 214, Page 602, Collin County Deed Records; BEGINNING at an iron stake at the Northeast corner of a tract of 4.00 acres off the South end of the above said 7.93 acres, said 4.00 acres having been conveyed by Rose Rogers Coleman et vir, to John E. Peterman by Deed recorded in Volume 559, Page 285 of the Collin County Deed Records; THENCE North 45 degrees East with the West line of an asphalt highway, 360.7 feet to an iron stake at the Northeast corner of said 7.93 acres; THENCE North 60 degrees 22 minutes West 721.00 feet to an iron stake at the Northwest corner of said 7.93 acres; THENCE South 2-3/4 degrees West 229.3 feet to an iron stake at the Northwest corner of said 4.00 acres; THENCE South 45 degrees East 540.5 feet to the Place of Beginning and containing 3.93 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 3.G 5 ACRES SURVEY, ABSTRACT & COUNTY: nn L L . D uojns )u ru(.t Ob ac4 Mo. aq � Co I l n_e -, , Te La Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr i C 17'.r V .== • _ + 1111 arlilmcij''111111111014,11011'4 ilill :;:itir:E1-= --T E iiiiiiiiii........, 7 gm! . .0,... ,:‘,. ERN za:zi,41:7 MEI R' t 11 if A ! r �� ltimtiid Nor um., .z` Cm •lir411 ..,. -,,ii.:,....dit. 411II!Ihia ;mum! 1A min ie,1E1 2=Imam MB Ell IM %�nri� gun y % EI�- it.-- ♦ ��r`�` sai�triiiiiii IIItI.1 s, k • [. 01111 �/1 11111111111 afro . % J /" 1111m ��111 11 11t■jAt . . lilt 'TT its iI � ti __ _CIC: CZIT Sit 1 ifil 1 1r, rl5 wiriiiimok J �--. prumulnrn imam g EWE I I �•1-.ow dim wii :'//I)I/I/III mum # :I-a:Cr' t/1/lll/llll MIDI 'Ulna= ==Elm -- .1: antrum MU + Illllnlll11111 • 4\14‘1L % 111,11111M1 MI,/4,, 111111 WI 1U r IHIIIIIIln/4 / � /llffl[fl A� C111111�MI - SUBJECT PROPERTY >./ is III El 0 gitipoily ' -I<NN\ 1 ;. err v /"Nre- ill[jifill- s 1= DALL/' CO/ ' UN i /lir WYLIE CITY COUNCIL tV, INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 1 Issue Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 7.32 Acres,located on Old'Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L.Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % rt :, Item for Individual Consideration \ �, , $� •4t.t Public Hearing-Annexation Request Paae 1 Othcr Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments Area Map Annexation Ordinance Service Plan 4' )72 (2L Prepared by Revi d by Finance City Manager Approval Itemfor Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDNANCE NO. AN ORDINANCE ANNEXING A 7.32 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292 AND BEING OUT OF A 27.644 ACRE TRACT AND BEING A PART OF A 4.0 ACRE TRACT AND A 4.50 ACRE TRACT OUT OF SAID 27.644 ACRE TRACT; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDNANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A This is to certify that I have, this date, made a careful and accurate survey on the ground of property located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of Henry L. Douglas Survey, Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract and being more particularly described as follows: COMMENCING at an iron stake located in the West R.O.W. of said Old Highway No. 78 at the Southeast corner of said 27.644 acre tract and at the Southwest corner of said 27.644 acre tract and at the Southeast corner of said 4.0 acre tract, said point being located in the William Sutton Survey, Abstract No. 980; thence North 01 deg. 00 min. East with R.O.W. of said Old Highway No. 78, 188.25 feet to iron stake and Place of Beginning; THENCE North 88 deg. 34 min. West parallel to the South line of said 27.644 acre tract and parallel to the North line of said 4.0 acre tract 268.00 feet to iron stake for corner; THENCE South 01 deg. 00 min. West parallel to Old Highway No. 78, 188.25 feet to iron stake set for corner in fence line on the South line of said 27.644 acre tract and on the South line of said 4.0 acre tract; THENCE North 88 deg. 34 min. West with fence and South line of said 27.644 acre tract and South line of 4.0 acre tract 762.00 feet to iron stake located for corner; THENCE North 01 deg. 46 min. East with fence and the West line of said 4.0 acre tract and 4.5 acre tract 359.47 feet to iron stake located for corner; THENCE South 88 deg. 34 min. East parallel to the South line of said 27.644 acre tract and with fence and the North line of said 4.5 acre tract, 1025.20 feet to iron stake located for corner in R.O.W. of Old Highway No. 78; THENCE South 01 deg. 00 min. West with the West R.O.W. of Old Highway No. 78, 171.22 feet to the Place of Beginning and containing 7.32 acres of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 7.��� ACRES SURVEY, ABSTRACT & COUNTY: t-+c r . -Do uo t S Sur v-Pus �'S+r 04 �1o, aG Colin Con* , i exa3 Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr • E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr � 1_ aim nom fi i.. :._ --ii - 0. ' � ,,1���,..0 All a .�- -=A. .rill • • - ...:4..,. iik, ....._vow op" o i hir,16,0 Illllilt a _. I= - i' -t IMF JIMM E S -: =a diti C --r_-�.. IIHIRIiga •EEL -'�- ::I11111111., i '+ MC ,- — ..,=== Ill-.1. mom i IL I..-,1!i mli tr:% ..__%*s**21811:4/ t '4 7. . -iE 3 =clts.,,.,,gr... immal .. ►�IIIIIIIIIIIIIi11tfllffll INgi sss ='� **`C�IIll 1111111 1 jai j /' ► 11®UIIIIIIIIIH■ 11111': 1111 1111 1111 ;1111111111111111111i.niii to ■� _1J L. L I ,� r j P Z4\ ........ ma INN A UII/Iluul►1 Hums �,um maYie i'Norm.IN. NI ......... t ///IJUIII/I 1JlIJA/ 1 _ -I:_I i/111I111t11 ltlllJl �� �/ —A ..1'i�':==i IU\U\%\\\1 VJJlll Q, �//J//JIIJJIJI • fIh111111111 III I I SUBJECT PROPERTY MON U # 444, , 04 0 ./ .,k lk oil 4., ‘a.., . / / 74vr. 7 / DALL j.' COUN *,.: ,,, i 4101*tj WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONpilf Public Hearing November 10, 1998 Item No. 2'Z Issue Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 3.590 Acres, out of the Henry L.Douglas Survey, Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184, Page 893,Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % e ,', j 11 s- .. 1 ) I) Item for Individual Consideration Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan (12,\L 7 /A4 Prepared by R d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paoe 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 3.6 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292,AND BEING A RESURVEY OF A CALLED 3.6 ACRE TRACT OF LAND DESCRIBED IN A DEED FROM DELANEY DEVELOPMENT CORPORATION TO GARY K. GOLL,ET UX,AS RECORDED IN VOLUME 1184, PAGE 893 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Situated in Collin County, Texas, in the Henry L. Douglas Survey, Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed fro Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184, Page 893, and being more particularly described as follows: BEGINNING at an iron rod set at a fence corner post at the Southeast corner of the said called 3.6 acre tract, said point being in the South line of a called 27.644 acre tract; THENCE N 88° 34' 00" W, 733.92 feet along an established fence on the South line of the said called 3.6 acre tract and the said 27.644 acre tract to an iron rod found at the Southwest corner thereof; THENCE N 01° 44' 01" E, 213.08 feet along the West line of the said called 3.6 acre tract to an iron rod set at the Northwest corner thereof; THENCE S 88° 34' 00" E, 733.92 feet along the North line of the said called 3.6 acre tract to an iron rod set at the Northeast corner thereof; THENCE S 01° 44' 01" W, 213.08 feet along the East line of the said called 3.6 acre tract to the Place of Beginning and containing 3.5900 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 3.(,, ACRES SURVEY, ABSTRACT & COUNTY: L. D c+ tJc). . o . ('O< lirm Onek + 5 , I exao Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr I _t _T- - 411k `4 -�. _ •� "` maim •' ii 111/46,0 ��1 ! �•� 1/ _ - EE ��� 11/. ■ •f, se 3:...#=.I= mine .411FIR iwom-rEhadmaisit2,. ... N INN inn az:- la im a _.... ... .......v . S41,13 s ei.,alai qi111111111trmo am:: z C' il E =al.:=4:7,4 =Et = m1ulIlr AMR :BEE a:4*R pit,t••• s __, .. ! 11F174 Alpirst;%••-ivili erie" Irit! .•�•,=_ o11111111111111if1N'll — •..Z. ',uuiaf :(IDIOM 11111 11 : . ?- if rd � III UIUIIUIIti. �1u.:.U- _ __ --' it .. .. ./ imi :,...z........=. 1.11.,................,,or M. invii 11UIunu,u uuuut it.... .1 -� _ aurnum,uaur . .mom i p 141111. 1. -r. rya• .mummy 111111 *� - 'v nmu�nl Mill / V `11lititt�. Ws._ 1 ruuuuiui�.• ❑ 1lll/u1/N1 111111111111 II '— SUBJECT PRO- . KNNI I �I l k_, 0 _ 1 *ilk ,_ ) / ilk / iv"- . ' t/./ ., Will/^----- DALL>. CDUN i r ./ I WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 23 Issue Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 2.7624 Acres, out of the Henry I,. Douglas Survey,Abstract No. 262, and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W. Housewright as recorded in Volume 773,Page 291, Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % ,. ) R �,t Item,for Individual Consideration Public Hearing-Annexation Request l P Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan .- l , )vlh Prepared by R ' ed by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 2.7624 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292,AND BEING A PART OF A CALLED 4.52 ACRE TRACT OUT OF A 27.644 ACRE TRACT DESCRIBED IN A DEED FROM J.D. HOUSTON TO W. W. HOUSEWRIGHT AS RECORDED IN VOLUME 773, PAGE 291 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance,or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Situated in Collin County, Texas, in the Henry L. Douglas Survey, Abstract No. 262, and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W. Housewright as recorded in volume 773, Page 291 of the Collin County, Deed Records, said part being more particularly described as follows: BEGINNING at an iron rod set at the Southwest corner of the said called point bears N 01 deg. 44 min. 01 sec. E, 213.08 feet from the Southwest corner thereof, THENCE N 01 deg. 44 min. 01 sec. E, 163.91 feet along the West line of the said 27.644 acre tract to an iron rod set therein; THENCE S 88 deg. 34 min. E, 736.46 feet to an iron rod set in the East line of the said called 4.52 acre tract; THENCE S 09 deg. 09 min. 00 sec. W, 18.49 feet along the East line of the said called 4.52 acre tract to an iron rod found therein; THENCE S 01 deg. 47 min. 42 sec. W, 145.48 feet along the East line of the said called 4.52 acre tract to an iron rod found at the Southeast corner thereof; THENCE N 88 deg. 34 min. W, 733.92 feet along the South line of the said called 4.52 acre tract to the Place of Beginning and containing 2.7624 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED:j NACRES SURVEY, ABSTRACT & COUNTY: pr-tA Lt (I a5 P ti ry el4 A b--7I-rax- i\\ o2V. 0 .011in Coif T-eyloz Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10)years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr / •T ♦ ,� �- Mtn I � /s. C= _-- _a f•� __ __ __ 11,1---. . -----' ---- .-------.4%,_ -- -:Ai rr 4 Al r;g:V.--k----.1E Ell r' ----.. 11114, '�r •�1 � .A. Flu■ _: :O EIS! ilk 1111,111 lir% 9 I I 111 I dits - . Arminmsdhudnummillit,. 4,vithil MN 11111iiii ES ZE E= .1•.:�� IINIIIt 11�1t;: millI witi.- -=,.r ..IIt111inz .-■ ■■ . = a=tom O`: IlliTrEr nom I .:: ir . .t 4, ‘, tiltvakr..,712.--..1.—md.- I 'oi:,r _ \IIIIIIIIIIIi orra l r /� ��ill iIIIIOum 1 Alit 'f jib . , li A III lainimilairimmilimmull Ili I 1111 mg _A _ IF II laisimapi 4,416, Ix ow J Apourry4\ toll_ ....., iml • .. v •• ,..Tona.... U/Illlnnrn uuAUI iv Illraill11111. ill MIRIAM Mil .h'._ imuiuul MUM ♦ //l/////// _,maw at_fat :41nluuluo auIIII/ ru��ti ■li�isii .tt�natti vrm♦ �1 1. �tt�tet��t u►, f //IIHIIIIIII i vpIIIIIIII/�� Illllllll/Il SUBJECT PROPERTY I II a. 11vOl . 4 rillillilh.--# IIIW • , ; / ./k / /Wit/ DALL>.; CDU / / 4,N. . S $ 11V.--"' WYLIE CITY COUNCIL p1/, INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 24 ,90 Issue Hold the First of Two Public Hearings for the Annexation of property owned by Robert E. Nolan, containing 0.681 Acres out ofthe E.C.Davidson Survey,Abstract No. 266, conveyed to L.W. Self and wife,Glenda O.Self by R.H.Wilson and wife,Grace L.Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records, and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 financial Considerations • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % 7 le Item for Individual Consideration fJ, / Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 6#14;4 Prepared by Revi d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 y, J CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 0.681 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, BEING A TRACT OF LAND CONVEYED TO L.W. SELF AND WIFE, GLENDA O. SELF BY R.H. WILSON AND WIFE, GRACE L. WILSON BY DEED RECORDED IN VOLUME 793, PAGE 514 OF THE COLLIN COUNTY DEED RECORDS, AND BEING A PART OF A 2.573 ACRE TRACT CONVEYED TO L.W. SELF AND WIFE,BY ROBERT LEAMON REYNOLDS AND WIFE, LETA REYNOLDS BY DEED RECORDED IN VOLUME 803, PAGE 181 OF THE COLLIN COUNTY DEED RECORDS, COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 25 5t .3 3 Issue Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, contAining 7.94 Acres,out of Francisco de la Pina Survey,Abstract 688, Collin County, Texas.And being out of a 47.5 acre tract of land described in a Report of Commissioners,by order of probate Court, December 29, 1923, and recorded in Volume 249, page 346, Deed Records of Coffin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % 17 )) Item for Individual Consideration / Public Hearing-Annexation Request Paae I Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan /%'"?? 4"" I r )1)4/1-te- #.164.141" Prepared by R- '0'ed by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 7.94 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688, COLLIN COUNTY, TEXAS. AND BEING OUT OF A 47.5 ACRE TRACT OF LAND DESCRIBED IN A REPORT OF COMNIISSIONERS, BY ORDER OF PROBATE COURT,DECEMBER 29, 1923,AND RECORDED IN VOLUME 249, PAGE 346, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance,the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONr/f/11 Public Hearing November 10, 1998 .9g �D Item No. Vo Issue Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District,containing 32.078 Acres,being out of Francisco De La Pina Survey,Abstract No. 688, in the City of Wylie, Collin County,Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L. Creel and evidenced by Order on Report of Commissioners recorded in Volume 249, Page 346 of the Deed Records of Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % ar Item for Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan 4,m0/dc- r YYLfht,- eta;4, Prepared by Revie by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 32.078 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 47.5 ACRE TRACT AS CONVEYED TO LEONARD L. CREEL AND EVIDENCED BY ORDER ON REPORT OF COMMISSIONERS RECORDED IN VOLUME 249, PAGE 346 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: BCTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance,the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. �ECNTION_4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL rt/I INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 27 Isspg Hold the First of Two Public Hearings for the Annexation of property owned by O. V. Justus, containing 1.003 Acres, out of the Henry L. Douglas Survey,Abstract No. 292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County, Texas. Background In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % + i ? Item for Individual Consideration ` Public Hearing-Annexation Request Paae 1 Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code,for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Board/Commission Recommendation N/A Staff Recommendation Approval Attachments: Area Map Annexation Ordinance Service Plan ig. 4-71e,12 - r m;te, ,114:,„ Prepared by R ed by Financ City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDNANCE ANNEXING A 1.003 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292 AND BEING A PART OF A 27.644 ACRE TRACT AND CONTAINING ALL OF A 0.689 ACRE TRACT CONVEYED FROM SAID 27.644 ACRE TRACT; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDNANCE AND COMPREHENSIVE ZONING ORDNANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDNANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052,Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code,and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being a tract of land out of the Henry L. Douglas Survey, Abstract No. 292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract and being more particularly described as follows: BEGINNING at an iron stake on the West line of Old Highway No. 78, located North 01 deg. 00 min. East 517.20 feet from the Southeast corner of said 77.644 acre tract; THENCE North 88 deg. 34 min. West, parallel to the South line of said 27.644 acre tract, 200.00 feet to an iron stake for corner; THENCE North 01 deg. 00 min. East parallel to the West line of Old Highway No. 78, 216.12 feet to an iron stake on the center of a 30 foot wide lane, for corner; THENCE South 89 deg. 58 min. East, with the center of said lane, 200.00 feet to an iron stake on the West line of said Old Highway No. 78, for corner; THENCE South 01 deg. 00 min. West, with said West line, 221.00 feet to the Place of Beginning and containing 1.003 acres of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 1,003 ACRES SURVEY, ABSTRACT & COUNTY: I-�-(yr L . DUat_,� 3ut r Vet., ►(-1 h Mi-r u-c + No. ,:)q a �,Qlli ►n ��un# �,' i TeN.a.S Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilisation and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilising private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr _ly V ._= E / I I illitillillir .....„ mum ruiF/101 i �r� in11111 S s E Al7+M ..tr a�i 4.4ir �i 11/11111� ■ N— .. ,- .I= -ter_ .- Ilimi Uful :_ in 2 MO lib -r ♦�fa•• P4111;ills■/ E.\ aEMII 111/ w111 11.1.1111 i1 1111■ lal■ 111=f lr_ '-rF N - 11 i1 im ro IIIIIUi■ l b ,J ff 1:1:=I-5i_w15 IN WI -i i �iAll li ri z ill , -./.(4114111i alio MiinYiliM griIIMUMn MUM EN MI 1.46.10 40/11\ ht 1'll►rllllHlnum . _. .....UU��� vnn �1.n■i. ..i...:: ■ � MUM UV/s 1! - I frlllll1MI*,• ■ k_,. 1 0 _ SUBJECT PROPERTY 4th '1/N1 1 )01k. / /A oil:. \ 4011111//*# / /6 DALLj' COUN/ t ii/trill#"' • WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 28 Issues: Hold the First of Two Public Hearings for the Annexation of property owned by Kenneth Putman, containing 3.459 Acres, being a,part of an original 12 acre first tract out of the James Truett Survey, Abstract No. 920 conveyed to Orville Kreymer, et al,by Media Kreymer, a widow,by deed recorded in Volume 645, Page 627, of the Deed Records of Collin County, Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % ,r Item for Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan MAit- 4444' Prepared by Revi d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 3.459 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF AN ORIGINAL 12 ACRE FIRST TRACT OUT OF THE JAMES TRUETT SURVEY, ABSTRACT NO. 920 CONVEYED TO ORVILLE KREYMER, ET AL, BY MEDIA KREYMER, A WIDOW, BY DEED RECORDED IN VOLUME 645, PAGE 627, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. Issues: Hold the First of Two Public Hearings for the Annexation of property owned by Ivan W. Stewart, containing 1.0 Acre,being a part of a 6.327 acre tract out ofthe James Truett Survey,Abstract No. 920, conveyed to Orville Kreymer by G.C. Kreymer,Archie Kreymer,Clifton Kreymer, and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Colin County,Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan 411914 7)/4-.1412 dal-4 Prepared by Revie by inane City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF A 6.327 ACRE TRACT OUT OF THE JAMES TRUETT SURVEY, ABSTRACT NO. 920, CONVEYED TO ORVILLE KREYMER BY G.C. KREYMER, ARCHIE KREYMER, CLIFTON KREYMER, AND BILLY KREYMER BY DEED RECORDED IN VOLUME 949, PAGE 634 OF COLLIN COUNTY DEED RECORDS OF COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Being all of that certain tract of land situated in Collin County, Texas, being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G.C. Kreymer, Archie Kreymer, Clifton Kreymer, and Billy Kreymer by Deed recorded in Volume 949, Page 634 of Collin County Deed Records, said tract more fully described as follows: BEGINNING 151.35 feet East of the NW corner of the said 6.327 acre tract in the center of County Road; THENCE South 292.12 feet to corner in the centerline of Steel Towers on Electric Line; THENCE North 85 degrees 15 minutes East along the centerline of Steel Towers and South line of 6.327 acre tract a distance of 152.94 feet to corner; THENCE North a distance of 279.46 feet to corner in center of County Road and North line of 6.327 acre tract; THENCE West along the North line of 6.327 acre tract and center of County Road a distance of 152.42 feet to the Place of Beginning and containing a total of 1.00 acres of land, more or less. EXHIBIT B CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: t D ACRES SURVEY, ABSTRACT & COUNTY: JAwtes fat-6 Su vet PobSock et20 Cain CoLt n11 'texa Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas, at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City of Wylie, Texas, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within two (2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City of Wylie, Texas, extends fire service to any other area of the municipality,will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within two (2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services,including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Wylie, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Wylie. This property will be included in all plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City of Wylie, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid wast collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City of Wylie's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City of Wylie. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Wylie with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Wylie as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained by either TU Electric or Collin County Co-Op in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/4) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City of Wylie in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration and administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10)years from the effective date of this Ordinance. l¶iiHTUIf I ? 1111 =8i1l111l I V. JR... 4 6.. ,. .u. 1. _ii, Imo" ii .... l I o- _, 4A0I-i r."1i•;-I--ril n\i ail_%$!� SUBJECT PROPERTY iji�+4 — — I .. „v. pil ....m., kw 1 11111t11111mr, % �,���" -,�rir 111t11t11I111.. i p +�uI� � 111111111UItt ,trate: •- IIIlttft111t1111 �' ' um a.= Nom maw imam ma al me so 111111 NE IN Mg ON Ilya. 11211rIpt "'I .. '' 0. M.M. Im el ,.. .. .. .MN p MI 7/ �r' J ; E_ 1111&�1��flf. fffrf� =` on N*. ♦ ':� •.�. 4. W• )11111:=1,111. Illk II MN ill MI all • 4:Alliii �,��tt Ier.r lrl'Irrr�... „.`�..t.2��iRiiiiii ce•*1110 4= r.: : a j -_ -off . --igni ,.r.,+ t.. rrr _�. 4T} 1i' % lii _• _ Hs "= L • C- -Fa C LI M'a m■ � r ����rrnuii. -► %`/ltlulnutU• . . + - - -- -- - �111111111 a son mo Nis -Ill_� ♦i♦ i- ��:: -'.-_ — •—. --:ram. �1.11 /I�rgllrffr ;:�:` 4r111111111111 — — =- .r r—N . frummua�r• �� /from nrnr.. .■ 71 •i!tilll inHI 11! i ilI: i:Ll_ 41% culll1I1! 2�Illl .(�� Iltlllllgtltt111'�� ra / /LIIPiC1 :III!.i.{',filllltl' CIII'ilI �� - III Mt If — =IM --'•- Q1t1111tr17 —t uln1111th11111111.p 2 LT'1--E_- -r.:so O � - � ��/illtiu'1 Ire' • �• �• � �� 14 -•1= .�.a --- �1IC•�-r -11��/r�,',,��,�/111111.1111 III': -- -c - -- -�'i1i� a r.�+Itt ilaiiml ll .- -- -- •0. .rr .11� `,4� i11%iii11111111 "� ��1��1/�111 �' .. -- -= ==I=""I''= r=�G��ttr:= ■111tR/1.itttiiiC WI: -_ g- .- -- .. ... .. \�1 !fir ■ 101 .,� �I� � :_ ::,` __�_� - -- - -'if1f11111 ■111 aLrltu,r*"" • > �.'::••=i: -�-- ■11/�1/11 ill/�/ ♦ .� ��i ■'■� • 111111tt ��`�. �=I •$Ii !::: ■ - -.•. n ■11111il111 r ar - ► - "Minn *I1af. . ra �':O r �,�.��•� = I� r :I :: CC i■►�17��i ifi �i: all: ■�A���� '4k WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. : :O Issues: Hold the First of Two Public Hearings for the Annexation of property owned by Melvin St. John, containing 28.333 Acres, being part of a called 58 acre tract out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey,Abstract No. 860, conveyed to W. O. Houston and John D. Houston by G. H. Drewery and recorded in Volume 339, Page 436 of the Deed Records of Collin County,Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % '`` Item for Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations: • Article 1, Section 3 ofthe Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan , r wiiite., 46,4 Prepared b R " d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 28.333 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN COLLIN COUNTY, TEXAS,BEING PART OF A CALLED 58 ACRE TRACT OUT OF THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292 AND THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, CONVEYED TO W. O. HOUSTON AND JOHN D. HOUSTON BY G. H. DREWERY AND RECORDED IN VOLUME 339, PAGE 436 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL • INDIVIDUAL CONSIDERATIONtVitf' Public Hearing November 10, 1998 Item No. 31 Issues; Hold the First of Two Public Hearings for the Annexation of property owned by Choya.Tapp,containing 3.491 Acres,out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 860,'Collor County, Texas, and being the same tracts of land described in a Deed from Raymond L. Bass and wife,Helen R. Bass to William E.Butler and wife,Charlene L. Butler, as recorded in Volume 855, Page 745,Deed Records of Collin County, Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Public Hearing-Annexation Request Page 1 Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan 9711/4" )/Y) AGM' Prepared by R ' d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 3.491 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE HENRY L. DOUGLAS SURVEY, ABSTRACT NO. 292 AND THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, COLLIN COUNTY, TEXAS,AND BEING THE SAME TRACTS OF LAND DESCRIBED IN A DEED FROM RAYMOND L. BASS AND WIFE, HELEN R. BASS TO WILLIAM E. BUTLER AND WIFE, CHARLENE L. BUTLER, AS RECORDED IN VOLUME 855,PAGE 745,DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News Exhibit A Situated in Collin County, Texas, and being situated in the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L. Bass and wife, Helen R. Bass to William E. butler and wife, Charlene L. Butler, as recorded in Volume 855, Page 745, Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner in the Northwest right-of-way line of Highway No. 78, said point being the most Southerly corner of Tract 1 in the above cited tract of land; THENCE N 44 deg. 55 min. 00 sec. E along the Northwest right-of-way of said Highway, a distance of 299.88 feet to an iron rod found for corner; THENCE N 45 deg. 19 min. 56 sec. W a distance of 429.30 feet to an iron rod found for corner; THENCE S 44 deg. 20 min. 25 sec. W a distance of 411.44 feet to an iron rod found for corner; THENCE S 60 deg. 01 min. 07 sec. E a distance of 440.02 feet to the Point of Beginning and containing 3.491 acres of land. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 3.yQ I ACRES SURVEY, ABSTRACT & COUNTY: enrc5 . Doi A G(Q 5 Sckr v > p bg+ra c F ?d o. J ( 1 LK) it a r) 3Lut+"-c)r, cL veL IA1�5 rac--1- I io. SC.0 o Co l I i n Cn-�! Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr r ,..V 1r v ._ ..A1 , _ .n �le t ' I _ _____ rr.r_ fir _= .,,,jirri .. ="--. oninr. • :*oil Ar%1 %.*_ 7 iiiiiiirja III Ofillair _! 4°W.4.1 : LIIIPwItila ii if p !-MEEIEE: iminsizt =T - - , NS ." r CCI�C r M,), t% � giiii ..r."0,,,iitKri-...4.-svi::::: e. `41s:=_ \llllllll lll numunl�•ll. , /alltal s human 1Y111111I1111■ 5�i T Zg ��111 uluuuUi11 UIlllllllifl■! !., ■ I . , N 1111 1111 1111 p U1111111111111111:46 T ^-r 4,11 gimp rrlr ■w rr rr r,r r rr rr =r r atlft A r rr rr r r 10, NI ��� me rw rw ww i w • IA - "Atilk :le wiriii ��� P 4V/S\ A NW MAI Iwo imiellI UMW ir . ril _ .. . Vara~ : I►III/IJl1JJ lrutln,�� MI I iiiil Nom � C. 1111111111111111111 � �.i r t► es r. alumni f11fltl tt►1\\IAIM ID/ InI ��� 1 : <illll,NU/1/��� _ :1IIiIIIIIIII'•� • SUBJECT 'ROPERTY iltil _ no I ili,VP" #0, /DALL,. .. CUUN/ WYLIE CITY COUNCIL rt/41 INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 32 0-4 zj Issues;,' Hold the First of Two Public Hearings for the Annexation of property owned by Thomas Brown, containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No. 696, and being a part of a 25.679 acre tract conveyed by C. I.Norton and Lyda P.Norton to L. D. Pearce, L. G. Pearce and F. W. Pearce, as recorded in Volume 496,page 268, of the Deed Records of Collin County, Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % t Of g Item for Individual Consideration k.- _ Public Hearing-Annexation Request 6l^V Paae 1 Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendations Approval Attachments: Area Map Annexation Ordinance Service Plan ,9)7(ri c , 6%;,, Prepared by Re ' ed by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 4.859 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE W. D. PENNY SURVEY,ABSTRACT NO. 696, AND BEING A PART OF A 25.679 ACRE TRACT CONVEYED BY C. I. NORTON AND LYDA P. NORTON TO L. D. PEARCE, L. G. PEARCE AND F. W. PEARCE, AS RECORDED IN VOLUME 496, PAGE 268, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News r �,N ''; ./17111111:: WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION Public Hearing November 10, 1998 Item No. 33 9g 44 Issues: Hold the First of Two Public Hearings for the Annexation of property owned by Garry White, containing 1.089 Acres,out of the I. &G.N. Railroad Company Survey,Abstract No. 1059, Collin County, Texas, and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and wife, Joyce Pockrus, recorded in Volume 1293, Page 84, Deed Records, Collin County, Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is .675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % fFjf ; ,7rAa`-.. (It 6,d•)'V Item for Individual Consideration Public Hearing-Annexation Request ' Paae I Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan - / ,‘Irld',4"-- )(Y)-4 da6; Prepared by Revie by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.089 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. & G. N. RAILROAD COMPANY SURVEY, ABSTRACT NO. 1059, COLLIN COUNTY, TEXAS, AND ALSO BEING PART OF A 4.00 ACRE TRACT AS CONVEYED TO GLEN E. POCKRUS AND WIFE, JOYCE POCKRUS, RECORDED IN VOLUME 1293, PAGE 84, DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONrt/41' Public Hearing November 10, 1998 Item No. 34- 9AS -4c Issues: Hold the First of Two Public Hearings for the Annexation ofproperty owned by W.L. Brown, containing 1.0 Acres out of the William Sachse Survey,Abstract No. 696 of 640 acres, about 14 miles Southeast from McKinney,Coffin County,Texas,and being out of that 40 acres ofland which is described as First Tract in a Warranty Deed from lick Housewright et al to D.R. Moore and Kathleen G. Moore,dated April 15, 1954, recorded in Volume 484,Page 379, Deed Records of Coffin County,Texan. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % Item for Individual Consideration Li . Public Hearing-Annexation Request . Paae I 6. it Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan "i Kite Prepared by Revi:ef d by Finance City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM SACHSE SURVEY,ABSTRACT NO. 835, OF 640 ACRES,ABOUT 14 MILES SOUTHEAST FROM MCKINNEY, COLLIN COUNTY, TEXAS, AND BEING OUT OF THAT 40 ACRES OF LAND WHICH IS DESCRIBED AS FIRST TRACT IN A WARRANTY DEED FROM JICK HOUSEWRIGHT ET AL TO D.R. MOORE AND KATHLEEN G. MOORE, DATED APRIL 15, 1954, RECORDED IN VOLUME 484, PAGE 379, DEED RECORDS OF COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and ........ . ... WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONrt/IP Public Hearing November 10, 1998 Item No. .35 Issues: Hold the First of Two Public Hearings for the Annexation of property owned by William F. Young, containing 1.0 Acre being out of the Elliot C. Davidson Survey,Abstract No. 266, being a 1.00 acre tract of land out of a 72.5 acre tract, save and except previous conveyances, conveyed to J.R. Eaves by deed dated the 9111 day of March, 1958,by J.W. Barnett et ux, of record in Volume 411,page 494,Deed Records of Collin County,Texas. Background: In an effort to ensure the goal of protecting the quality of life and the provision of services within the area, the City of Wylie believes that the property shown on the attached map should be within its city limits. Should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staffhas prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the November 10, 1998, and November 17, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for December 15, 1998. Notice published for the first public hearing: October 28, 1998 First Public Hearing: November 10, 1998 Notice published for the second public hearing: November 4, 1998 Second Public Hearing: November 17, 1998 Institution date(Adopt Ordinance): December 15, 1998 Financial Considerations: • The current property tax rate for the City of Wylie is.675 per$100 of valuation • The current sales tax rate for the City of Wylie is 8.25 % � 1 Item for Individual Consideration Public Hearing-Annexation Request Paae 1 Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Area Map Annexation Ordinance Service Plan • M4;14.e. 6/4 .44, Prepared by Revi d by Financ City Manager Approval Item for Individual Consideration Public Hearing-Annexation Request Paae 2 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF THE ELLIOT C. DAVIDSON SURVEY, ABSTRACT NO. 266, BEING A TRACT OF LAND OUT OF A 72.5 ACRE TRACT, SAVE AND EXCEPT PREVIOUS CONVEYANCES, CONVEYED TO J.R. EAVES BY DEED DATED THE 9m DAY OF MARCH, 1958,BY J.W. BARNETT ET UX, OF RECORD IN VOLUME 411, PAGE 494, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City Council of the City of Wylie, Texas("City Council")under the authority of Section 43.021,Local Government Code and City of Wylie, Texas' ("Wylie")Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code,the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS,the City Council finds that the service plan has been prepared in full compliance with Section 43.056,Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS,the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS,the City Council has conducted at least two(2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS,the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person,firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/I00 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News