The URL can be used to link to this page

Ordinance 2012-43 ORDINANCE NO. 2012-43 �i !i � I � ( If,I il I�(I I I 10 ..�. e 6 � � 012 �8 42 02 R� 04 11 AN ORDINANCE ANNEXING A CERTAIN 52.4676 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, CONVEYED TO BILL E. & DONNA C. LEWIS BY DEED RECORDED IN VOLUME 4404, PAGE 2493 AND VOLUME 4676, PAGE 1819 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wy1ie and its inhabitants to annex the below-described property (the "Property") to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is � within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plari 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 (EXHIBIT "B") has been prepared in full compliance with Section 43.056, Local Government Code, and has been made ava7lable for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after Ordinance No. 2012-43 Annexation 53.4676 Acre Tract Frances De La Pina Survey-Abstract 688 the f:ortieth (40t") 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 � nine�ty (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form� set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, z�nd the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit"A" (Legal Description) attached hereto and made a part here�f for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended �" herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordi�nance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act�nd shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as th�e same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affert the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Corriprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such � cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordiinance, shall not be construed as abandoning any action now pending under or by virtue of sucri ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing ar to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. '"�°° Ordinance No. 2012-43 Annexation 53.4676 Acre Tract Franr,es De La Pina Survey-Abstract 688 DULY PASSED AND APPROVED by the City Council of the City of Wylie, � Texas, this 13th day of November, 2012. � � Eric Hogue, Mayo AT"CEST: ti�`� �F �l G .�(/�"�ir �� C / � Caro e Ehrlich Crty Secretary ��t�r!RM�► •188?• ��7'!O!T�b DA7E OF PUBLICATION:November 20,2012, in the Wylie News Ordinance No.2012-43 Annexation 53.4676 Acre Tract Frances De La Pina Survey-Abstract 688 r. # ,. � v�. ' yright City of Wylie t,�� # � �Y�` '�; �e- �$ �`` �`�*� 9�� p :� �` '� _ � �. � ~rd - �,� _�v � ,� � , � • �`r y x ... i .�� ,�s� . i' 4 'y � i �.,f P�5 ,�,{ �g x. �,,�(.� ; . �i ^ . ��: . -�' . 'd ..�p°'.. �`�• �#�cR. ��9 � H . K � + � +,�y ,� ? . . t �� t�R � F�" .: . � } . ....a. ` . .. e.� �s��t� 'L'. : ..- � . t . �. .� ' . '..t. --_ ��,k, +��`` <,�.. ��F c t.:'�}.14'' � ,., � �� '�". �.. � �`u{. b � ` � . i � ,W'� e'� �.� �', F�i : �$ , •'� .t f.. � . .�+'. 4`" .. . . � � 1:P P *� �' x.'c, �' � �� ti � , � � ', ;;;� � � �� '�` a.. � . . +� f �� _�=. � � tR� +k� •'�'�x�"�` � �� t y'�,€i" r , . � . � i � ; ;, : , ' �N : f . �,� � . ,';, > � . x.� �,.� - �`� a .%j �_� � _ � � . �a1�- ' .�$. � .y. ;e . � �.� _ ._...i__. il�.. �. . ,a. n � , : q�*. ' i .1�.. ,e . ,.. *'- w'^ w +"�� '" .� n . �. r � _ � '. g . Yt. . _ Y5� d}. �.;} `F s�. . i a{ :. . .. .r. f L . t.. �.1.� ��, , �,:.. ��`�_ . ., _�. .. ' - k � ' .r 'r' ��f ,� �� =l=t, +J,i.� �� :�; � {' � R� � . _.. i . � � t .- �, �' � «��, �;� � �,4� �'�� » �j� �'� l „. � �+' i� �.;.I . t:' � �,h;e r x., + ._ '^'�'-* «„r��... .< ,r �_:... 6 �x , � � � ' . ' ' -- � . i § � � �n t a"ik, � i. Ak �': ..u.3",�' �.: ¢ � � �� , � � w � ��u�� ( � �t' �: �' "''{�,'.'� °e , �F., � ��1K:� _ � 3.�� „ _ � � �� ..!� ,�}.'. �1 t � 3`: � kA� �N'� 1 ., � a . s'y" �. �l' � . j �,�,." � j �� x kw�` - � �Ft � ,`�M� . � �, '(«. `� r'F�:, ��,,' > . � �s+ � r � <:� �, ' .. . � � �, ,. �� .. ... ��1.... � .s� � . :�� .. �''�� 6 * ''t . :,� t, � �. 'r ,�r�: �'#� y 1' p �` � '� �� ` � `�, ' �. . .. . � 4 � ;T�Y� ��:. � . � �e � .`� �t m.� ,: . 'j � } , �.*' ' �� .: ,.. ;.: ,.. �� •.t�� .� �. ..M � # . . .f �(36 � .� 4 � � • . 1 'a tt� .. w we �� .1 L ' . 0 . [ . . .. .y •�. �. . . µ' �+-�ur m-..i.w�.., � . ^ �aa �,�` . . ,•�► � � �: � �,. � � �,: �. * '�. '. d4� � � � t� �,j's�:Y. � �` .. � �. .'* � ga � `�� . ..f �'� , �$� .�..&��f n � r ; a 50� ft , ` '� ` "` , � �,5: �� _�. �� e .�� . 5�£��` ��. r �6�r�� a�� '�° �� . _ . ^ � -•t;� 4a� r�'xr"� DISCLAIMER ,._ Annextion Request This data has been compiled for � City of Wylie. 0 1�-23-2�I Z Various official and unofficial Lewis Tract sources were used to gather this i information.Every effort was made to ensure the accuracy of this data,however,no guarantee is CITY OF WYLIE given or implied as to the accuracy of said data. EXHIBIT "A" � LEGAL DESCRIPTT�N BEING,all of a 35.289 acre tract of land situated in Collin County,Texas out of the F. De La Pina Survey,Abstract No. 688, said tract canveyed to Bill E. &Donna C. Lewis by deed recorded in Vo�ume 4404,Page 2493 of the Deed Records of Collin County,Texas,and part of a 35.289 acre tract of land situated in Collin County,Texas out of the F. DE La Pina Survey, Abstract No. 688 said tract conveyed to Bill E. &Donna C. Lewis by deed recorded in Volume 4676,Page 1 S 19 of the Deed Records of Collin County,Texas being more particularly described as follows; BEGINNING,at an iron stake for corner in the East line of said survey,said point being the Northeast corner of WYLIE EAST HIGH SCHOOL,ari addition to the Gity of Wylie as recorded in Volume 2008,Page, 138 of the County Property Records of Collin County,Texas; THENCE,N 88°51'25" W,along the said north line of Wylie East High School,a distance of 1988.81 feet to the east right-of-way line Wylie East Drive{a variable width right-of-way),a point for corner; THENCE,along the said east right-of-way line of Wylie East Drive the following: North,a distance of 570.77 feet to a point for corner; � N 00°00'S1" E,a distance of 677.74 feet to a point for comer; Along a non-tangent curve to the left,having a central angle of 04°48'S0",a radius of 2000.00 feet,and an arc distance of 1b7.99 feet,with a chord bearing of N 15°13'S0"W- 167.94 feet to a point for comer; N 17°38'13" W,a distance of 11.81 feet to a point on the south right-of-way line of State Highway No. 78(a variable width right-of-way)to a point for corner; THENCE, along a non-tangent curve to the left,having a central angle of 02°34'00", a radius of 5797.08 feet,and an arc distance of 259.58 feet,with a chord bearing of N 70°57'20" E-259.56 feet to a point for corner; THENCE S 88°56`a4" E,leaving said south rigl�t-of-way line of State Highway No. 78,a distance of 1088.85 feet to a point for corner; THENCE S O1°08'35" W,a distance of 1006.63 feet to a point for corner; THENCE S 88°51'25" E,a distance of 723.27 feet to a point on the west right-of-way line of Beru�ett Road{C.R.No. 434)a point for corner; � THENCE, S 00°07'32" W, along said west right-of-way line of Bennett Road a distance of 505.08 feet to the PLACE OF BEGINNING and containing 2,285,490 squaze feet or 52.4676 acres of land. �, CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA LEWIS RANCH TRACT ,ANNEXATION ORDINANCE NO.: 2012-43 DATE OF ANNEXATION ORDINANCE: November 13, 2012 ACREAGE ANNEXED: 52.4676 acres SURVEY, ABSTRACT & COLTNTY: Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent „"�""` with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. �. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as � determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES l. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2.. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will -°°°� be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. �1. 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 accardance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. �... E. PARK AND RECREATION SERVICES �. 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. 'l_. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. ]F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same � price as presently provided for any business customer within the City, upon request. Z. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS l. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the . City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. �. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be � maintained in accordance with current City policies. H. WATER SERVICES l. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing � mains, water will be provided at rates established by City ordinances for such service throughout the City. 2., As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their °°� owners in accordance with existing policies applicable throughout the City. I„ SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. � � J. MISCELLANEOUS l. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. �. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. After recording return to: City Secretary's Office, 300 Country Club Road, Building 100, Wylie,TX 75098 � Filed -and Recc,rded Gfficial Public Racor��s Stacey Kemp, County Clerk Collin County, TEXRS 12131�2u12 08 42.�2 QIh <.�«a g52 �J� �;JRMAL 2C'1'21231"u�G1661560 �: j�� --y 5 !��! �,ryr 1�,�+sui�r�lri(tk 2�i�ct��; • �l�u��lrs 1�toi5rfcnr • TI��7'ri��c�'r(�c�n l les�a€cR :�^`�at I �� :'Y;�;YS « TCi��YYE��i�'W5 � �� .» � �� STATE OF TEXAS �� ' � COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2012-43 was published in said newspaper on the following dates, to-wit: November 21,2012 �� Chad Engbrock, Publisher � Subscribed and sworn before me on this, the d,� day of , 2012 to certify which witness my hand and seal of office. R ''�iE1V�D - ,,-- . ,�"" —"�'"�"`...'- F.,� � , ,,�„�,,, --� DEC 0 7 2012 I ;�� ,n�,, K�=Sw�r,. ��,�� ;i � �. ��, �, �,, ,�,;� , _ ' Notary Public in and for 1� .,ratt � TF�x�s /� � �f�" ,� ' tilv Cb�� n sir,n r�F��"� � The State of Texas F�N/ri� '�' T� �,',"`,�` Mrtrh 21 20 i 3 _� �.��;�,..��,.: ,_ My commission expires -2(- � �1Aii;ahr;�Ssz�:3i;a�:A�'ylic OCl�ice• I(0 N.T',«llarci•t'(3.I`to�:�b9�lb�ti-lic:.�4�k 7��?�J�S•4?2 4 1?->515«Fa��Y?2 1-�Z.-�:ti IR I'�aarraax:+si�ilic-Prmc��tors OI`Ir�:c• IU( S Mai�7•1'.O.F3or�I2•I�,.irn�er;e-ille,�1�X 7�.�-12•y72.7Y1-fi;9%•(�al 9;'-?8?-?O33 , November 21 -22,2012 "'�'�$"Il�ANC NO.2012-43 AN ORDINANC ANNEXING A CER- TAIN 52.4676 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, CONVEYED TO BILL E. &DON- NA C. LEWIS BY DEED RECORD- ED IN VOLUME 4404, PAGE 2493 �,ND VOLUME 4676, PAGE 1819 OF THE DEED RE- CORDS OF COLLIN COLTNTY, TEXAS; PROVIDING FOR A PENALTY FOR TI-IE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PRO- VIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFEC- TIVE DATE. 28-1t-38-33�