Loading...
08-31-1999 (City Council) Agenda Packet NOTICE OF SPECIAL MEETING rfit Wylie City Council Agenda Tuesday, August 31, 1999 6:00 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 Pledge of Allegiance Presentations & Proclamations Proclaiming September 1, 1999 as"Good Neighbor Day"in Wylie,Texas. Pam Wells,Wylie Flower Shop will be accepting. Citizens Participation ITEMS FOR INDIVIDUAL CONSIDERATION (c) Approval of Ordinances 1. Consider and act upon approval of an ordinance establishing a "Municipal Court Technology Fund"and providing for the assessment and collection of a Municipal Court Technology Fee. 'C 2. Consider and act upon a Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition, proposed by Carter and Burgess,Inc. for G. Development,generally located along the north side of the railroad at the northeast corner of FM 544 and Springwell Parkway (Marshall Lane), and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas. 3. Consider and act upon approval of an Ordinance annexing all of a 199.22 acres tract of land situated in the William Patterson Survey,Abstract No. 716, and being the second and third tracts in deed from Amos W.Hood,to Chas.E.Hood,dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. 4. Consider and act upon approval of an Ordinance annexing all of a 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO. 835, Collin County, Texas,and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife, Maria T. Whitcraft as recorded in File No. 93-0088426, Deed Records, Collin County,Texas. 5. Consider and act upon approval of an Ordinance annexing all of a 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck, et ux,to R.S. Williams,dated December 20, 1910, recorded in Volume 166, Page 430 of the Collin County Deed Records, Collin County, Texas. NOTICE OF MEETING tit Wylie City Council Agenda Page of Item No. Agenda Item Action Taken 6. Consider and act upon approval of an Ordinance annexing all of 2.911 acres of land situated in Collin County,Texas,in the I.&G.N. Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187, Page 61,of the Collin County Deed Records,Collin County,Texas. 1 7. Consider and act upon approval of an Ordinance annexing all of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey, Abstract No. 716,and also being out of the L.. Marshall Survey,Abstract No. 594,Coffin County,Texas. A.c.t. "- ✓ 8. Consider and act upon approval of an Ordinance annexing approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey,Abstract 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 Public Hearing 9. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1999-2000 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase. At the End of the Hearing,the City Council Must Set and Announce the Date,Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Staff Reports Work Session • Traffic Impacts of S.H. 78/F.M. 544 Reconstruction • Kirby Street Operation Between Birmingham Street and S.H. 78 Adjournment. In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media notified. 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 AGENDA ITEM NO. 1 . August 31, 1999 Issue Consider and act upon approval of an ordinance establishing a "Municipal Court Technology Fund" and providing for the assessment and collection of a Municipal Court Technology Fee. Background In May 1999,the Texas Legislature passed Senate Bill 601 amending Article 102.017 of the Texas Code of Criminal Procedure to provide for the establishment of a Municipal Court Technology Fund and the assessment and collection of a Municipal Court Technology Fee. Revenues may be used only to finance the purchase of technological enhancements for a municipal court or a municipal court of record, and include(1)computer systems;(2) computer networks;(3) computer hardware;(4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; and (8) docket management systems. The bill requires a defendant convicted of a misdemeanor offense in a municipal court or municipal court of record to pay the technology fee of not more than $4.00 per offense. A person is considered "convicted" if (1) a sentence is imposed on the person; (2) the person is placed on community supervision, including deferred adjudication community supervision; or (3) the court defers final disposition of the person's case. The fee is collected by the clerk of the court and remitted to the finance department for deposit into the "Municipal Court Technology Fund." Senate Bill 601 takes effect September 1, 1999, and applies only to a cost on conviction for an offense committed on or after September 1, 1999. A cost on conviction for an offense committed prior to September 1, 1999, is not covered by Senate Bill 601. The Act expires on September 1, 2005. The Municipal Court in Wylie is currently handling an average of 1,800 convictions per year. This will generate approximately$7,200 in revenue for the Technology Fund. The Court proposes to use these funds to finance the purchase of new computer hardware and software for the Court. The new computer equipment has been requested as part of the FY2000 budget process. Financial Considerations Adoption of this ordinance will not place any financial burden or obligation on the City. The entire fee is retained by the City and no part of the fee is a "State"fee. Other Considerations None Staff Recommendations The Staff recommends that Council establish the proposed Technology Fund and Fee. Attachments Ordinance establishing Municipal Court Technology Fund and Fee Senate Bill 601 ale/ 1'11 (Amt,- Prepared by Re ' ed by Financ City Manager Approval ORDINANCE NO. AN ORDINANCE ESTABLISHING A "MUNICIPAL COURT TECHNOLOGY FUND" FOR THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE;PROVIDING FOR SAVING, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the 76th Legislature of the State of Texas,meeting in Regular Session, passed Senate Bill 601, which inter alia, amended Article 102.017 of the Texas Code of Criminal Procedure to provide for (i) the establishment of a Municipal Court Technology Fund and (ii) the assessment and collection of a Municipal Court Technology Fee; and WHEREAS, Governor George W. Bush approved Senate Bill 601 after its passage, and Senate Bill 601 will take effect on or about September 1, 1999; and WHEREAS, all legal notices have been given in the manner and form set forth by law, and all other requirements have been fulfilled; and WHEREAS, the City Council of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie"), to grant the establishment of the Municipal Court Technology Fund and imposition of a Municipal Court Technology Fee, and that such grant will not be detrimental to the public welfare, safety or health. NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Wylie, that SECTION 1: Municipal Court Technology Fund A. There is hereby created and established a Municipal Court Technology Fund(the"Fund") pursuant to Article 102.017 of the Texas Code of Criminal Procedure. B. The Municipal Court of the City of Wylie, Texas (the "Municipal Court"), is hereby authorized to assess a Municipal Court Technology Fee (the "Fee") in the amount of$4.00 against all defendants convicted in a trial of a misdemeanor offense by the Municipal Court. Each misdemeanor conviction shall be subject to a separate assessment of the Fee. C. The Municipal Court Clerk is hereby authorized and required to collect the Fee and to pay the same to the Treasury of Wylie. All fees so collected and paid over to the treasury of Wylie shall be segregated in the Fund. D. The Fund shall be used only for the purpose of financing the purchase of technological enhancements for the Municipal Court of Wylie. "Technological enhancements" shall include any and all items described in Article 102.0172 of the Code of Criminal Procedure. E. The Fund shall be administered by or under the direction of the City Council or its designated representative. SECTION 2: Severability Provision If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional,void or invalid(for any reason unenforceable),the validity of the remaining portions of this ordinance or the application to such other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance,that no portion thereof or provision contained herein shall become inoperative or fail by any reason or unconstitutionality or invalidity of any other portion or provision. SECTION 3: Savings/Repealing Provisions All ordinances in conflict herewith are repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Effective Date This ordinance shall become effective September 1, 1999, and after its adoption and publication as required by Wylie's City Charter and by law. This ordinance shall expire September 1, 2005, as provided in Article 102.0172 of the Code of Criminal Procedure. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the day of , 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary 76(R) SB 601 Enrolled version- Bill Text Page 1 of 2 $ j's,AN ACT 1-1 relating to the authority of the governing body of a municipality 1-2 to create a municipal court technology fund and to require certain 1-3 defendants to pay court costs for deposit in the fund. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 102, Code of Criminal 1-6 Procedure, is amended by adding Article 102.0172 to read as 1-7 follows: 1-8 Art. 102.0172. COURT COSTS; MUNICIPAL COURT TECHNOLOGY FUND. 1-9 (a) The governing body of a municipality by ordinance may create a 1-10 municipal court technology fund and may require a defendant 1-11 convicted of a misdemeanor offense in a municipal court or 1-12 municipal court of record to pay a technology fee not to exceed $4 1-13 as a cost. of court. 1-14 (b) In this article, a person is considered convicted if: 1-15 (1) a sentence is imposed on the person; 1-16 (2) the person is placed on community supervision, 1-17 including,deferred adjudication community supervision; or 1-18 (3) the court defers final disposition of the person's 1-19 case. 1-20 (c) The municipal court clerk shall collect the costs and 1-21 pay the funds to the municipal treasurer, or to any other official 1-22 who discharges the duties commonly delegated to the municipal 1-23 treasurer, for deposit in a fund to be known as the municipal court 1-24 technology fund. 2-1 (d) A fund designated by this article may be used only to 2-2 finance the purchase of technological enhancements for a municipal 2-3 court or municipal court of record, including: 2-4 (1) computer systems; 2-5 (2) computer networks; 2-6 (3) computer hardware; 2-7 (4) computer software; 2-8 (5) imaging systems; 2-9 (6) electronic kiosks; 2-10 (7) electronic ticket writers; and 2-11 (8) docket management systems. 2-12 (e) The municipal court technology fund shall be 2-13 administered by or under the direction of the governing body of the 2-14 municipality. 2-15 (f) This article expires September 1, 2005. 2-16 SECTION 2. The change in law made by this Act applies only 2-17 to a cost on conviction for an offense committed on or after the 2-18 effective date of this Act. A cost on conviction for an offense 2-19 committed before the effective date of this Act is covered by the 2-20 law in effect when the offense was committed, and the former law is 2-21 continued in effect for that purpose. For purposes of this 2-22 section, an offense was committed before the effective date of this 2-23 Act if any element of the offense occurred before that date. 2-24 SECTION 3. This Act takes effect September 1, 1999. 2-25 SECTION 4 . The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended. President of the Senate Speaker of the House I hereby certify that S.B. No. 601 passed the Senate on April 26, 1999, by a viva-voce vote; and that the Senate concurred in House amendment on May 17, 1999, by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 601 passed the House, with amendment, on May 12, 1999, by a non-record vote. TMCA Legislative Update 309 June 1999 VVYLIE CITY COUNCIL AGENDA ITEM NO. . August 31, 1999 Consider and act upon a Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition,proposed by Carter and Burgess,Inc. for G.'Development,generally located along the north side of the railroad at the northeast corner of FM 544 and Springwell Parkway(Marshall Lane),and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County,Texas. Background: The preliminary plat/development plan under consideration is for Lakeside Estates Phase II. The applicant is filing this preliminary plat/development plan on 28.770 acres in order to develop the property with a master planned single family residential community. The development plan aspect of this case is the final step associated with establishing the PD(Planned Development)zoning requested. In order to establish a PD(Planned Development), the developer must follow a two-step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner as required by Staff; and be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares,preliminary lotting arrangements and other pertinent development data deemed necessary. Once Staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The Second phase of establishing a PD District is subntting for approval a Development Plan. The Development Plan shall set forth the final plans for the PD District and shall conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. Other Considerations: • Staffhas reviewed the proposed preliminary plat/development plan for Phase II of Lakeside Estates and found it to be in compliance with the approved conceptual plan. This preliminary plat/development plan also complies with the Subdivision regulations and other pertinent ordinances of the City of Wylie. • The applicant is aware that a final plat must be approved prior to the issuance of any building permits. Financial Considerations: Preliminary Plat application fee in the amount of$403.00 - paid Commission Recommendation: At the July 6, 1999, Planning and Zoning Commission meeting,the Commission voted unanimously to recommend approval of this case. Staff Recommendation: Approval. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat Development Standards 6ka'‘,2- Prepared by Re ' ed by Financ City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibits "A & B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary OWNER'S CERTIFICATE COUNTY OF COLLIN)( RED IVIH( 19 1999 STATE OF.TEXAS )( WHEREAS PULTE HOMES OF TEXAS, L.P. AND GEHAN HOMES, LTD. ARE OWNERS OF A 28.770 ACRE TRACT OF LAND SITUATED IN THE MOSES SPARKS SURVEY, ABSTRACT NO. 849, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, BEING ALL OF A 14.385 ACRE TRACT CONVEYED AS PHASE 2,TRACT C BY DEED TO PULTE HOMES OF TEXAS,L.P., RECORDED IN COUNTY CLERK'S FILE NO. 98-0048407, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS AND BEING ALL OF A 14.385 ACRE TRACT CONVEYED AS PHASE 2,TRACT D BY DEED TO GEHAN HOMES, LTD., RECORDED IN COUNTY CLERK'S FILE NO. 98-0048408, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. SAID 28.770 ACRE TRACT,WITH BARING BASIS BEING THE SOUTH LIES OF SAID 14.385 ACRE TRACTS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FOR THE SOUTHWEST CORNER OF SAID TRACT C, SAME BEING THE SOUTHEAST CORNER OF TRACT B CONVEYED BY DEED TO GEHAN HOMES, LTD.,RECORDED IN COUNTY CLERK'S FILE NO. 98-0048408, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS. THENCE,ALONG THE WEST LINE OF SAID TRACT C AND THE EAST LINE OF SAID TRACT B, THE FOLLOWING TEN COURSES AND DISTANCES: NORTH 00 DEGREES 04 MINUTES 54 SECONDS EAST,A DISTANCE OF 219.21 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT; ALONG SAID TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 622.50 FEET, A CENTRAL ANGLE OF 50 DEGREES 57 MINUTES 46 SECONDS,A LONG CHORD THAT BEARS NORTH 25 DEGREES 2'3 MINUTES 59 SECONDS WEST, A DISTANCE OF 535.62 FEET, AN ARC DISTANCE OF 553.69 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT; ALONG SAID REVERSE CURVE TO THE RIGHT,HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 124 DEGREES 37 MINUTES 34 SECONDS, A LONG CHORD THAT BEARS NORTH 11 DEGREES 29 MINUTES 21 SECONDS EAST, A DISTANCE OF 70.84 FEET,AN ARC DISTANCE OF 87.01 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT; I:\SUR\PLAT\97241101\SDATA\BDYPH2.FNS May 12,1999 1 OF 3 ALONG SAID COMPOUND CURVE TO THE RIGHT, HAVING A RADIUS OF 160.00 FEET,A CENTRAL ANGLE OF 18 DEGREES 06 MINUTES 59 SECONDS, A LONG CHORD THAT BEARS NORTH 82 DEGREES 48 MINUTES 57 SECONDS EAST,A DISTANCE OF 50.38 FEET,AN ARC DISTANCE OF 50.59 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE LEFT; . ALONG SAID REVERSE CURVE TO THE LEFT,HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 29 DEGREES 58 MINUTES 19 SECONDS, A LONG CHORD THAT BEARS NORTH 76 DEGREES 53 MINUTES 16 SECONDS EAST, A DISTANCE OF 31.03 FEET,AN ARC DISTANCE OF 31.39 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 205.00 FEET,A CENTRAL ANGLE OF 36 DEGREES 24 MINUTES 24 SECONDS, A LONG CHORD THAT BEARS NORTH 18 DEGREES 18 MINUTES 33 SECONDS WEST, A DISTANCE OF 128.08 FEET,AN ARC DISTANCE OF 130.26 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 06 MINUTES 21 SECONDS.WEST, A DISTANCE OF 10.46 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 299.05 FEET,A CENTRAL ANGLE OF 0 DEGREES 49 MINUTES 12 SECONDS, A LONG CHORD THAT BEARS NORTH 89 DEGREES 29 MINUTES 24 SECONDS EAST, A DISTANCE OF 4.28 FEET, AN ARC DISTANCE OF 4.28 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 54 MINUTES 00 SECONDS EAST,A DISTANCE OF 0.76 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 10 MINUTES 30 SECONDS WEST, A DISTANCE OF 32.50 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID TRACT C, SAME BEING ON THE NORTHEAST LINE OF AFORESAID TRACT B ; THENCE NORTH 89 DEGREES 54 MINUTES 00 SECONDS EAST,DEPARTING SAID EAST LINE,ALONG THE NORTH LINE OF SAID TRACT C,ALONG THE SOUTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO THOMAS A. MANNEWITZ AND WIFE, RECORDED IN COUNTY CLERK'S FILE NO. 92.0064130, REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS, ALONG THE SOUTH LINE OF A TRACT OF I:\SUR\PLAT\97241101\S DATA\BDYPH2.FNS May 12,1999 2 OF 3 LAND CONVEYED BY DEED TO CALVIN E. LEMMON AND WIFE, RECORDED IN VOLUME 864,PAGE 276, DEED RECORDS, COLLIN COUNTY, TEXAS, ALONG THE NORTH LINE OF AFORESAID TRACT D,PASSING A 5/8" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT C AND PASSING A 5/8" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID MANNEWITZ TRACT, SAME BEING THE SOUTHWEST CORNER OF SAID LEMMON TRACT, AT A DISTANCE OF 1074.92 FEET, CONTINUING IN ALL A TOTAL DISTANCE OF 1324.17 FEET TO A 5/8 IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID TRACT D; THENCE NORTH 00 DEGREES 06 MINUTES 17 SECONDS EAST, CONTINUING ALONG THE NORTH LINE OF SAID TRACT D,AND THE SOUTH LINE OF SAID LEMMON TRACT, A DISTANCE OF 26.11 FEET TO A 5/8 IRON ROD FOUND FOR A NORTHEASTERLY CORNER OF SAID TRACT D; THENCE SOUTH 89 DEGREES 57 MINUTES 29 SECONDS EAST, CONTINUING ALONG THE NORTH LINE OF SAID TRACT D,AND THE SOUTH LINE OF SAID LEMMON TRACT, A DISTANCE OF 7.61 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER& BURGESS" SET FOR THE MOST EASTERLY NORTHEAST CORNER OF SAID TRACT D AND BEING THE NORTHWEST CORNER OF PHASE 3, TRACT E CONVEYED BY DEED TO PULTE HOMES OF TEXAS, L.P., RECORDED IN AFORESAID COUNTY CLERK'S FILE NO. 98-0048407,REAL PROPERTY RECORDS, COLLIN COUNTY,TEXAS; THENCE SOUTH 00 DEGREES 04 MINUTES 54 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT D AND ALONG THE WEST LINE OF SAID TRACT E,A DISTANCE OF 1097.52 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER& BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID TRACT D, SAME BEING THE SOUTHWEST CORNER OF SAID TRACT E; THENCE NORTH 84 DEGREES 09 MINUTES 25 SECONDS WEST,DEPARTING SAID EAST AND WEST LINES, ALONG THE SOUTH LINE OF SAID TRACT D AND ALONG THE SOUTH LINE OF AFORESAID TRACT C,A DISTANCE OF 1165.89 FEET TO THE POINT OF BEGINNING AND CONTAINING 28.770 ACRES OF LAND, MORE OR LESS. I:\SUR\PLAT197241101\SDATA\BDYPH2.FNS May 12,1999 3 OF 3 • PILE No. 258 10/29 '97 16:21 ID:TIPTON ENGNEERING 972 226 1946 PAGE .2 v t( rxhg,h,,/ LAKESIDE ESTATES WYLIE, TEXAS PROPOSED LAND USE DATA LOW DENSITY RESIDENTIAL PLANNED DEVELOPMENT LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING: TRACT ACRE ZONING NO. OF UNITS DENSITY S.F. A 133.90 Single Family 656 4.90 (4.47 acres open space and 6.5 acres community park) B 94.10Single Family 330 3.50 (10.3 acres open space and 3.00 acres community center) TOTAL ACRES: 228.102 986 4.30 I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS FOR TRACT A 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 6,000 SF. 2. FRONT YARDS Minimum front yard building line 20' (Twenty Feet). • FILE No. 258 10/29 '97 16:22 ID:TIPTON ENGNEERING 972 226 1946 PAGE •.a 3. REAR YARDS There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with a minimum of 20' (Twenty Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). 5. MINIMUM LOT WIDTH There shall be a minimum lot width of 50' (Fifty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at Cul-de-Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. 8. HEIGHT REGULATIONS No building shall exceed 35' (Thirty Five Feet) or two an one-half(2-1/2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,400 (One Thousand Foud Hundred Feet) . 10. LOT COVERAGE In no case shall more than 60% (Sixty Percent) of the total lot area be covered by the combined area of the main buildings and accessory buildings. • FILE No. 258 10/29 '97 16:22 ID:TIPTON ENGNEERING 972 226 1946 PAGE 4 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials. II. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS FOR TRACT B 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 7,200 SF. 2. FRONT YARDS Minimum front yard building line 25' (Twenty-five Feet), 3. REAR YARDS There shall be a rear yard having a depth being not less than 20' (Twenty Feet) with a minimum of 20' (Twenty Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). 5. MINIMUM LOT WIDTH There shall be a minimum lot width of 60' (Sixty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at Cul-de-Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. FILE No. 258 10/29 '97 16:22 ID:TIPTON ENGNEERING 972 226 1946 PAGE 5 8. HEIGHT REGULATIONS No building shall exceed 35' (Thirty Five Feet) or two an one-half(2-1/2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet). 10. LOT COVERAGE In no case shall more than 60% (Sixty Percent) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials. III. DEVELOPMENT STANDARDS: I. Dedication of 24.27 acres of open space for a Linear Park System, Community Center, Community Park and landscape buffer adjacent to the existing railroad, to be maintained by the Master Homeowners Association. 2. Provisions for a divided entry into F.M. 544 to allow for additional access along with landscape identify features for the Master. Planned Subdivision. 3. Open space will include the extension of an 8' Hike and Bike Trail consistent with the City of Wylie's Master Planned Parks. 4. Provisions for the Master Thoroughfare Plan for the Collector Systems. 5. Provisions for Master Homeowners Association and Deed Restrictions WYLIE CITY COUNCIL AGENDA ITEM NO. '3 August 31, 1999 Issue Consider and act upon approval of an Ordnance annexing all of a 199.22 acres tract of land situated m the William Patterson Survey, Abstract No. 716, and being the second and third tracts in deed from Amos W.Hood,to Chas. E. Hood, dated November 27, 1940, and recorded in Volume 33, Page 70 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. Two (2)public hearings have been held on August 9, 1999 and August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date (Adopt Ordinance): ' August 31, 1999 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 % 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 Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing % /)') Prepared by R ed by Fin e City Manager Approval 1-1 v u WCAS CITY LIMITS CITY LUITS 1 1\ WCAS air Limas Parker Road F.M. 2514 • ) .. . _ ARKER CITY LIMITS LJ __A J 1 _ -Paikd- - ht 1 I I ,_, a- . 1" - 1000' I (PARKER CITY LIMITS< Z \ ' i / J� — 4 ____ , Subject Property City Limits — r.. n ,KER CITY L MI 1111111 s I■ L,1tut' 11. �000 — ■11111111111���IIIIIIUI�#0 City !Im:ce / / j/j y / 71 E > 1 6 / 1 1 [II , //,/ / r` n a` /1 rr r n17_ I III III II El 111.pill Al 43ttnt tir "111111i — 011/ Hint n1111m .?_- iuiutn,�=Sit_i Z=, -i, .Arian& ,,�41111111V „- .- /i.ins fili l\ "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 199.22 ACRES SURVEY, ABSTRACT & COUNTY: William Patterson Survey, Abstract No. 716-2, Tract Nos. 27, 28, 30, 31, 31-9 and 32, 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. B. 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. 1 "EXHIBIT B" 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 ofthe 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, 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 2 "EXHIBIT B" 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 for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. -' 3. Solid waste collection shall begin within sixty(60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance,applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 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 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(41/2) 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. 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 4 "EXHIBIT B" 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 in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING 199.22 ACRES OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, 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 WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; 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, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; 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 ORDINANCE ANNEXING 199.22 ACRES OF LAND-Page 1 rb/1:\mbox4\wylie\annex\invo119922.ord/080699 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 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 the 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. ORDINANCE ANNEXING 199.22 ACRES OF LAND-Page 2 rb/1:\mbox4\wylie\annex\invo119922.ord/080699 • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the William Patterson Survey, Abstract No. 716, Collin County, Texas containing 199.22 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. SECTION 6: Unlawful Use. 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 ORDINANCE ANNEXING 199.22 ACRES OF LAND-Page 3 rb/1:\mbox4\wylie\annex\invo119922.ord/080699 • Comprehensive Zoning Ordinance No. 83-123A, 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. 83-123A, and any amendments thereto. SECTION 7: Penalty. Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, 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 ($2,000.00), 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 8: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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 9: Conflicting Ordinances Repealed. 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 10: Effective Date. 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 and publication. ORDINANCE ANNEXING 199.22 ACRES OF LAND-Page 4 rb/1:\mbox4\wylie\annex\invo119922.ord/080699 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary & JOPLIN, P.C. City Attorneys DATE OF PUBLICATION: ,NAME OF NEWSPAPER ORDINANCE ANNEXING 199.22 ACRES OF LAND-Page 5 rb/1:\mbox4\Wylie\annex\invo119922.ord/080699 EXHIBIT 3 "A" BEING part ofthe William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W.Hood,to Chas.E.Hood,dated November 27, 1940,and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas, less 3.43 deeded to the State of Texas for highway purposes, said tract being more fully described as follows: BEGINNING at a stake in the middle of public road, said stake being. at the Southwest corner of above mentioned third tract; THENCE, North, a distance of 3,318 feet to a stake, the Northwest corner of the above mentioned second tract; THENCE,North 89 degrees East, a distance of 2,618 feet to a stake in the West line of the right-of- way of an asphalt highway; THENCE, South therewith, a distance of 3,318 feet to a stake in said West line of asphalt highway, and in the middle of a public road; THENCE, South 89 degrees West, a distance of 2,614 feet to the PLACE OF BEGINNING and CONTAINING 199.22 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. -z). August 31, 1999 Issue Consider and act upon approval of an Ordinance annexing all of a 12.86 Acres ofland and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO._835, Collin County, Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife, Maria T. Whitcraft as recorded in File No. 93-0088426, 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. Two (2)public hearings have been held on August 9, 1999 and August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date(Adopt Ordinance): August 31, 1999 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 % 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 Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification & Corresponding Property Owner Listing effr Ir .t/L � - ti Prepared b Revi d by Financ City Manager Approval rj e t� c \s N 1" — 1000' YOO�Sp - Arne ././//// / City/ is / /l // /J/ ne 1 Subject Property n l ' • "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 12.86 ACRES SURVEY, ABSTRACT & COUNTY: William Sachse Survey, Abstract No. 835, Tract Nos. 18 and 18-9, 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. B. 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. 1 "EXHIBIT B" 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 ofthe 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 ofthe 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, 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 ofthe effective date ofthe annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" 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 for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 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 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 ofthe 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) 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 4 "EXHIBIT B" 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 in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING 12.86 ACRES OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, 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 WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; 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, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property ("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; 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 ORDINANCE ANNEXING 12.86 ACRES OF LAND-Page 1 rb/1:\mbox4\wylie\annex\invo11286.ord/080699 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 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 the 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. ORDINANCE ANNEXING 12.86 ACRES OF LAND-Page 2 rb/1:\mbox4\wylie\annex\invo11286.ord/080699 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the William Sachse Survey, Abstract No. 835, Collin County, Texas containing 12.86 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. SECTION 6: Unlawful Use. 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 ORDINANCE ANNEXING 12.86 ACRES OF LAND-Page 3 rb/1:\mbox4\wylie\annex\invo11286.ord/080699 Comprehensive Zoning Ordinance No. 83-123A, 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. 83-123A, and any amendments thereto. SECTION 7: Penalty. Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, 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 ($2,000.00), 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 8: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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 9: Conflicting Ordinances Repealed. 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 10: Effective Date. 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 and publication. ORDINANCE ANNEXING 12.86 ACRES OF LAND-Page 4 rb/1:\mbox4\wylie\annex\invo11286.ord/080699 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary &JOPLIN, P.C. City Attorneys DATE OF PUBLICATION: ° ,NAME OF NEWSPAPER ORDINANCE ANNEXING 12.86 ACRES OF LAND-Page 5 rb/I:\mbox4\wylie\annex\invo11286.ord/080699 4 tAtt . BEING a tract of land situated in the WTLLIAM SACHSE SURVEY,ABSTRACT NO. 835,Collin County, Texas and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife, Maria T. Whitcraft as recorded in File No. 93-0088426,Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of Hooper Road(50 foot right-of-way),said point being the Northeast corner of a 100 acre tract of land conveyed to the North Texas Municipal Water District tract to a 1/2 inch iron rod set for corner, from which a '// inch iron rod bears North 89 degrees 44 minutes 05 seconds west, 4.47 feet, said iron rod set being in the Southerly line of a tract of land conveyed to B.C. Wood as recorded in Volume 3282, Page 804, said Deed Records; THENCE,North 00 degrees 35 minutes 00 seconds West,274.36 feet along the common line of said B.C. Wood tract to a '/_inch iron rod set; THENCE,South 89 degrees 44 minutes 00 seconds East,2072.11 feet along the common line of said B.C. Wood tract to a '/ inch iron rod set for corner, from which a V inch iron rod bears South 19 degrees 38 minutes 47 seconds East,9.74 feet,said iron rod set being in the centerline of said Hooper Road; THENCE, South 00 degrees 01 minutes 00 seconds West, 274.36 feet along the centerline of said Hooper Road to the POINT OF BEGINNING and CONTAINING 13.041 acres of land, more or less. SAVE AND EXCEPT BEING all that certain lot, tract or parcel of land conveyed to Collin County be deed dated April 30, 1981, recorded in Volume 1577, Page 398; being more fully described as follows: BEING a parcel of land in the WILLLAMMI SACHSE SURVEY, ABSTRACT NO. 835, Collin County, Texas and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife, Maria T. Whitcraft as recorded in File No. 93-0088426, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the Northeast corner of the Jeffrey L. Whitcrafft tract, said point being in the common line between the L.K.Pegues Survey,Abstract No. 703,and the William Sachse Survey, Abstract No. 835, said Iine being also the centerline of existing Hooper Road; THENCE, South 00 degrees 01 minutes 00 seconds West, a distance of 274.36 feet along the centerline of existing Hooper Road to a point of intersection with the South property line of the Whitcraft tract; THENCE. North 89 degrees 44 minutes 00 seconds West, a distance of 30.00 feet to a point for corner; THENCE, North 00 degrees 01 minutes 00 seconds East,a distance of 274.36 feet parallel with and 30 feet West of the centerline of existing Hooper Road, to a point of intersection with the North property line of said Whitcraft tract THENCE_ South 89 degrees 44 minutes 00 seconds East,a distance of 30.00 feet to the POINT OF B EGIN Ni NG and CONTAINING 0.189 acres of land, more or less. VVYLIE CITY COUNCIL AGENDA ITEM NO. o. August 31, 1999 sue Consider and act upon approval of an Ordinance annexing all of a 5.0 Acres of land and being situated in Collin County,Texas, a part of the Richard D. Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck, et ux, to R.S. Williams, dated December 20, 1910, recorded in Volume 166, Page 430 of the Collin County 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. Two public hearings have been held on August 9, 1999, and August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: , August 10, 1999 Institution date(Adopt Ordinance): August 31, 1999 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 % 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 Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing rnLQ ( vw Prepared by Revi d by Financ City Manager Approval 111lit1`iir; - !!"!'Brun, 4 _.. ii:tlI1l► �/ iv 1 1MIIII gIIIIIIIIIIIIIII 1 4/ ..C - 44 -r 4kii,, N ° 0 m C u %e ,*•• 01 If Subject Property 4 ' ' ... _ ij /11 - 1— � Inne I PI= mil . ,,,,,,.. • i r �� ■ 111111O1 � __ I 1 �IA //IU111111/ 1111p// 1U,Illl/111 111II1I 4 'mum 111111 1111=1%1II \\I/ / w11UI/IIIII_ ♦♦� 11U111111/Ivl ♦♦ .. * r "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: Richard E. Newman Survey, Abstract No. 660, Tract Nos. 13 and 14, 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. B. 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. 1 "EXHIBIT B" 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 ofthe 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. fi 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 2 "EXHIBIT B" 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 for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance,applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 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 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(41/2) 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. 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 4 "EXHIBIT B" 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 in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING 5.00 ACRES OF LAND, MORE OR LESS, SITUATED IN THE RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, 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 WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; 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, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; 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 ORDINANCE ANNEXING 5.00 ACRES OF LAND-Page 1 rb/1:\mbox4\wylie\annex\invo1an500.ord/080699 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 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 the 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. ORDINANCE ANNEXING 5.00 ACRES OF LAND-Page 2 rb/1:\mbox4\wylie\annex\invo1an500.ord/080699 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas containing 5.00 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. SECTION 6: Unlawful Use. 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 ORDINANCE ANNEXING 5.00 ACRES OF LAND-Page 3 rb/1:\mbox4\wylie\annex\invo1an500.ord/080699 Comprehensive Zoning Ordinance No. 83-123A, 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. 83-123A, and any amendments thereto. SECTION 7: Penalty. Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, 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 ($2,000.00), 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 8: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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 9: Conflicting Ordinances Repealed. 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 10: Effective Date. 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 and publication. ORDINANCE ANNEXING 5.00 ACRES OF LAND-Page 4 rb/1:\mbox4\wylie\annex\invo1an500.ord/080699 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary &JOPLIN, P.C. City Attorneys DATE OF PUBLICATION: `' ,NAME OF NEWSPAPER ORDINANCE ANNEXING 5.00 ACRES OF LAND-Page 5 rbll:\mbox4\wylie\annex\involan500.ord/080699 I- BEING situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck, et ux, to R.S. Williams, dated December 20, 1910, recorded in Volume 166, Page 430 of the Collin County Deed Records and the said portion of the 17.062 acres being more particularly described by metes and bounds as follows: COMMENCING at the Southwest corner of a 19.70 acre tract, said corner being the Southwest corner of said 17.062 acre tract; THENCE, South 87 degrees 36 minutes East, 702.40 feet to the PLACE OF BEGINNING; THENCE,•North 19 degrees 37 minutes West across said 19.70 acre tract and across said 17.062 acre tract, 1,041.54 feet to a stake for a corner set in the Southwest right-of-way line of State Highway No. 78; THENCE.North 52 degrees 16 minutes East,with the Southwest right-of-way line of State Highway No. 78, and with the Northwest line of said 17.062 acre tract,270 feet to a stake for corner being the North corner of said 17.062 acre tract; THENCE, Southerly with fence line and with the East line of said 19.70 acre tract and said 17.062 acre tract as follows: South 20 degrees 51 minutes East, 515.50 feet; South 47 degrees 06 minutes East, 38.70 feet: South 21 degrees 04 minutes West, 115.60 feet; South 00 degrees 42 minutes East, 402.00 feet; South 03 degrees 57 minutes East, 130.40 feet to the Southeast corner of said 19.70 acre tract and the Southeast corner of said 17.062 acre,tract; THENCE, North 87 degrees 36 minutes West with fence line and with the South line of said 19.70 acre tract and said I 7.062 acre tract,47.60 feet to the PLACE OF BEG iNNLYG and CONTAINING 5.00 acres of land, more or less. WYLIE CITY COUNCIL AGENDA ITEM NO. 6. August 31, 1999 Issue Consider and act upon approval of an Ordinance annexing all of 2.911 acres of land situated in Collin County, Texas, in the I.&G.N. Railroad Company Survey,Abstract No. 1059, and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187, Page 61, of the Collin County 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. Two public hearings have been held on August 9, 1999, and August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date(Adopt Ordinance): August 31, 1999 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 % Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Co bil tb adju§t bound ries. The City will also be required when the annexation is considered,under Secfion 43.056 di 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 Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing „, Prepared by Re ' ed by Finan City Manager Approval ) I I 1,,f , I- -Ly\./- it -11H1 III 1 rillt l t LI -.2 I 1 ' Subje p ct Pre I S 1 ET4 d J LineCity L; . ,s __________. ..N .... • _ , . _ v. .i,, , \ _ , , ,. ," _ ,000. L;:.,./ u m:,7, ' //I ci-___E--........= .. n# ... .... o � 4„2I„--._..r � ' IIllll IlIL b �samiss- . - 1l1w11e1a11l 1'- 11M11.t. M_,Mt.i,iqg1 > 1:1 r1 - ► PM ■■ / J • • It 3417� ,-st . • S a-. \Th ,:,'-' ounii_ pal _Mougm. Elk LL ILI Fti t.., . Imr-rn mulli siri----i... iir 47W 1411112 oilman lin gm in imi= „. j, OP oil 11111;111 illniber 4rak t 1 mi gm•• AI m IT 211.7_1 - ' :-Y 4 " 00 . 1014. . 1 El pIN bid i==14„;:= LI r,,-- a llill - liel!� 6 .: : I1ti4. -gul�rr tl.�= == P __ mini all MI MOM 1 It.... `. i1111w>1N k 1111fa11111II no -- s•= = ,,,� �: ii'i'ii'T ' j — • .iilllllylllf�ll Iliillll! �Jlltl. IIIIIIII .Illll• _<<jIII �� ■ op ���_ ;�__II�III�II-- ��IlUI , 11111111 _: .:i.: :. o- • ■ 41. --M.. +.. mini Om r4e; All PE maMmi a.ri r11'211112111111:1 :Ain . .101,/a- m r .. .....,.......,....,,,,Tdal stip ,,, 4 _ _ ..... ... ......,_ .. .. ... . i I 1?ø!jt1A!Mt 1111111 m=e IIIM.M IlMI+IHiINI.I:eim• IN1.E IImN.2n10.'411-. .�- . alai -' EffAl lto..n g.1... .,.. =:il=mini. Lamm:eii :1111111111E .■ ■I■ .ud1 2. .. • .--- A- lrr .... "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 2.911 ACRES SURVEY,ABSTRACT&COUNTY: I.&G.N.Railroad Company Survey,Abstract No. 1059, Tract No. 7, 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. B. 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. 1 "EXHIBIT B" 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 ofthe 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, 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 2 "EXHIBIT B" 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 for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. • 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 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 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 z 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(41/2) 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. 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 4 "EXHIBIT B" 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 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 ofthe effective date ofthe 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. 5 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING 1.089 ACRES OF LAND, MORE OR LESS, SITUATED IN THE I. & G. N. RAILROAD COMPANY SURVEY, ABSTRACT NO. 1059, 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 WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; 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, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property ("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; 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 ORDINANCE ANNEXING 1.089 ACRES OF LAND-Page 1 rb/l:\mbox4\wylie\annex\involan1089.ord/080688 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 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 the 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. ORDINANCE ANNEXING 1.089 ACRES OF LAND-Page 2 rb/I:\mbox4\wylie\annex\invo1an1089.ord/080688 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the I. & G. N. Railroad Company Survey, Abstract No. 1059, Collin County, Texas containing1.089 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. SECTION 6: Unlawful Use. 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 ORDINANCE ANNEXING 1.089 ACRES OF LAND-Page 3 rb/1:\mbox4\wylie\annex\involan1089.ord/080688 Comprehensive Zoning Ordinance No. 83-123A, 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. 83-123A, and any amendments thereto. SECTION 7: Penalty. Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, 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 ($2,000.00), 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 8: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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 9: Conflicting Ordinances Repealed. 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 10: Effective Date. 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 and publication. ORDINANCE ANNEXING 1.089 ACRES OF LAND-Page 4 rb/1:\mbox4\wylie\annex\invo1an1089.ord/080688 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary & JOPLIN, P.C. City Attorneys DATE OF PUBLICATION: ,NAME OF NEWSPAPER ORDINANCE ANNEXING 1.089 ACRES OF LAND-Page 5 rb/1:\mbox4\Wylie\annex\involan1089.ord/080688 EXHIBIT - - E. "Aui SITUATED in Collin County,Texas in the I. &G.N.Railroad Company Survey,Abstract No. 1059, and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187, Page 61, of the Cohin County Deed Records, and being more particularly described as follows: BEGLNNLNG at the Southwest corner of said 5 acre tract; THENCE, South 87 decrees 23 minutes 21 seconds East,203.59 feet to the Southeast corner of said 5 acre tract; THENCE, North 1 degree 40 minutes 09 seconds East with the East line of said tract, 807.12 feet to a stake; THENCE, South 0 degrees 17 minutes 19 seconds East with the West line of said tract, 797.67 feet to the PLACE OF BEGINNING and CONTAINING 4 acres of land, more or less. SAVE AND EXCEPT that certain tract described as follows: BELNG a tract of land 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, and being more particularly described as follows: BEGINNING at the Northwest corner of said 4.00 acre tract, a concrete monument for corner; THENCE, South 89 degrees 54 minutes 19 seconds East, alone the North line of the said 4.00 acre tract a distance of 191.58 feet to a % inch iron stake set for corner; THENCE, South 01 degree 43 minutes 01 seconds West, a distance of 253.58 feet to a ' inch iron stake set for corner; THENCE.North 89 degrees 54 minutes 19 seconds West, a distance of 182.70 feet to a t inch iron stake set for corner; THENCE,North 00 decrees 17 minutes 19 seconds West, along the West line of said 4.00 acre tract a distance of 253.49 feet to the PLACE OF BEGINNING and CONTAINING 1.089 acres of land. `VYLIE CITY COUNCIL AGENDA ITEM NO. 7. August 31, 1999 Issue Consider and act upon approval of an Ordinance annexing all of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716, and also being out of the L.. Marshall Survey,Abstract No. 594, 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, stafhas prepared the following public hearing and institution schedule. Two public hearings have been held on August 9, 1999 and August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date(Adopt Ordinance): August 31, 1999 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 % 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 Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification& Corresponding Property Owner Listing CA_� wL Prepared by R ed by Fin ce City Manager Approval v 1 i WCIS an wars L an UUITS I \ , 11 WCAS CITY LIMITS Yarkar Road F.U. 2514 •-ARKER CITY LIMITS JJ ' / 17 /'/) j1i/ '/i i'V�11:,,/� //1// %14:7 � C-%7%4S// _ j , / / rl `' /� , v 1' '/ ti,• -�1/ / i Par e 1" - 1000' j n' /S,� /l t/ /�� 1 / .,.. n,/�t�7_, ,, , f fit. ,,4,,, .�t/i .„. �//// ''////.Y///i, (PARKER CITY LIMITS 1// / , /. '//// /`/ _/./ ________j J , ,/ , , / ,/, //, ' // X , / ./. C.y = ".S ,RKER CITY L MIT -4,,,�t Subject Property 1�1li i/itlk ��,, minim'% Ilflllllllli 00 E T C_. U 0,0 r N...., n P III dill-,4 Atuttutr/ _nalu — a= ►nnlnmun:=:: ::ati iiii) !31 ❑ 111111��� �_ �°obit J ii•aniunh. ���i ilnuiiiti "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 237.71 ACRES SURVEY, ABSTRACT & COUNTY: William Patterson Survey, Abstract No. 716, Tract Nos. 1, 1-9,2, 3, 4, 5,6, 7, 8,9, 10, 11, 13, 14, 15, 16, 17, 18, 19,20,21, 22,23,23-9,24,31,32,33,34,and 35 and also the L. Marshall Survey, Abstract No. 594,Tract Nos. 1,2,3,4, 4-9, 7, 8, 10, 11, 12, 14 and 15, and all of the Monroe Addition#1 (Dove Creek) Unrecorded Plat, Lots 1 - 25, 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 ofthe 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 oftopography,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 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. 1 "EXHIBIT B" 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 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 2 "EXHIBIT B" 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 for providing parks and recreation services to the City. 3. Existing parks,playgrounds,swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance,applicable throughout the entire City, shall apply to this property beginning within sixty(60)days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 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 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 ofthe Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs ofthese 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(41/2) 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. 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 4 "EXHIBIT B" 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)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING 237.421 ACRES OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, COLLIN COUNTY, TEXAS, AND ALSO BEING OUT OF THE L. MARSHALL SURVEY, ABSTRACT NO. 594 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 WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; 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, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property ("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; 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 ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 1 rb/1:\mbox4\wylie\annex\involWmPatterson&LMarshallSurvey.ord/080699 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 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 the 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. ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 2 rb/1:\mbox4\wylie\annex\involWmPatterson&LMarshallSurvey.ord/080699 • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the William Patterson Survey, Abstract No. 716, Collin County, Texas, and being out of the L. Marshall Survey, Abstract No. 594, Collin County, Texas, containing 237.421 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: . Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 3 rb/l:\mbox4\wylie\annex\involWmPatterson&LMarshallSurvey.ord/080699 SECTION 6: Unlawful Use. 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. 83-123A, 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. 83-123A, and any amendments thereto. SECTION 7: Penalty. Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, 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 ($2,000.00), 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 8: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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 9: Conflicting Ordinances Repealed. 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. ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 4 rb/l:\mbox4\wylie\annex\involWmPatterson&LMarshalSurvey.ord/080699 SECTION 10: Effective Date. 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 and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary &JOPLIN, P.C. City Attorneys DATE OF PUBLICATION: ,NAME OF NEWSPAPER ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 5 rb/1:\mbox4\wylie\annex\involWmPatterson&LMarshallSurvey.ord/080699 EXHIBIT • - I trAtr BEING a tract of land situated in the William Patterson Survey,Abstract No. 716,and also being out of the L.. Marshall Survey, Abstract No. 594, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point of intersection of the west line of F.M. 1378, with the southwest line of F.M. 2514 (Parker Road) a right-of-way marker for corner; THENCE, South 00 degrees 52 minutes 13 seconds West, along the west right-of-way line of F.M. 1378, a distance of approximately 2,750 feet to an iron stake found for corner; THENCE,in a Westerly direction,with the south line of a 29.07 acre tract,with an established fence line South 89 degrees 40 minutes West, for a distance of approximately 2,223 feet to a point at the most southerly southwest corner of said 29.07 acre tract; THENCE, North 07 degrees 30 minutes East, with an old fence line and evidence of same, approximately 800 feet to a point therein; THENCE, in a Westerly direction, approximately 540 feet to a point in the west line of the William Patterson Survey, Abstract No. 716; THENCE, in a Northeasterly direction, along the western survey line of the William Patterson Survey,Abstract No. 716, approximately 150 feet to a 1/2 inch iron rod set for corner at the southeast corner of a William B. Campbell, 44.530 acre tract; THENCE, South 85 degrees 51 minutes 37 seconds West, a distance of approximately 335 feet to the centerline of Muddy Creek said point being in the L. Marshall Survey, Abstract No. 594; THENCE,following the meanderings of Muddy Creek, said line also being the city limit lines of the City of Parker, to a point 92.0I feet north of a 1-inch iron pipe found for corner at the southwest corner of a William B. Campbell 3.295 acre tract; THENCE.North 00 degrees 06 minutes 04 seconds East,a distance of 1,095.95 to a%inch iron rod found at a fence post at an ell corner of a William B. Campbell 44.530 acre tract; THENCE, North 82 degrees 53 minutes 36 seconds West, with the south line of said Campbell 44.530 acre tract, a distance of 266.71 feet to a 5/8 inch iron rod set for corner; THENCE,North 89 degrees 55 minutes 33 seconds West,a distance of252.35 feet to a 518 inch iron rod set for corner at the most westerly southwest corner of said Campbell 44.530 acre tract; THENCE, South approximately 200 feet to the centerline of the Turner Branch of Muddy Creek THENCE, in a northwesterly direction, following the meanderings of the Turner Branch of Muddy Creek to a point on the west line of the L. Marshall Survey, Abstract No. 594, and on the east line of Bois D'Arc Road: THENCE, with the west line of the L. Marshall Survey, Abstract No. 594, and the east line of Bois D'Arc Road, North, a distance of approximately 380 feet to the south right-of-way line ofFM 2514 (Parker Road); THENCE, East along the south right-of-way line of FM 2514 (Parker Road) a distance of approximately 5,250 feet to a right-of-way marker for corner, THENCE, south 45 degrees 02 minutes 08 seconds, a distance of 72.23 feet to the PLACE OF BEGINNING. WYLIE CITY COUNCIL AGENDA ITEM NO. August 31, 1999 Issue Consider and act upon approval of an Ordinance annexing approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey,Abstract 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. Two public hearings have been held on August 9, 1999, and August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. Notice published for the first public hearing: July 28, 1999 First Public Hearing: August 9, 1999 Notice published for the second public hearing: July 28, 1999 Second Public Hearing: August 10, 1999 Institution date(Adopt Ordinance): ' August 31, 1999 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 % 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 Recommendations N/A Staff Recommendations Approval Attachments Area Map Annexation Ordinance Service Plan Area Map with Numerical Identification & Corresponding Property Owner Listing LA4/A-Pt. Prepared b R ed by Finan e City Manager Approval l �✓ �► L--J E[j I Subj ct Property F 1 I . s • ETJ Line City Li.mi`= ---- P.\ ll - MN1-, --I 1" - woos f N.aAtf 4 1 1111�, Tr ,�� ��I . III fllll < r. iiI1 .Ii N t� l Ilfll lI 1 soIt. i . ...- > J, :. . . . iF 1 / F"'"- ' -- (P. M_ 3412J .y 1..=m. ii m,i_ll. 44e•1-•i.n..-. 7' ►\IIILIIN _ galit,los e�1.11,1.1.111 IOis1l-em 3 i111•--..r_ L -.,4.. _„.___ MOT:4/8 ..A4Momoo low i 12 2 m LIIII ' ' L ,1it I.III.IN1 E7Lll tl :.=ice ��tI•••.,` I„►,, ..4, Nomir7,,,,Tr7,,.-irarzn.,„4„,•*0/4m1,0- mull„ a4. =�L�e outuniu*siniii. .; Irie4p0anitittli*-- 2 r_.. t•_ . �iuIf1U/.1ri -•4 4 11111111111111� _— p=_II: ^ ®'sllClllll 111111111 w��iilll- 11,11111innsi ii i_i '( I�AIRMEN/ Hp i ,ia mu n iunuu.. itln1l IIIII 1� _ al-mho ova-urn_ .:�-I�-1._ ig Al,�� -i�•= init■ ._ IP ���• '�_ — �,, -_IOW IIIM IIIIIII sm :III---I�� • �11 J. fLi . , _ I di_ - :=4:Isis! LIIIRE kb ' Mr if AA 1111-111 -' II = ii Oa�.OIL ..... Ew— !I!!Ii III A I i rtorn it":".; a il li iii. 15411 ...atbM11fII 'Ill Mt LI E. �4 _-s,� ii ' 1 . . ��f IIi1Ni1'I.I ■i Is•.1 E-j:Er:2 �;Lp 5'- - k::111111'1!!E 111 ■I■ 114 1-11T'1 1, j "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 3.823 ACRES SURVEY, ABSTRACT & COUNTY: W.D. Penny Survey, Abstract No. 696, Tract No. 28, 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. B. 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. 1 "EXHIBIT B" 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 ofthe 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. P 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 2 "EXHIBIT B" 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 for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City,be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 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 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) 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 4 "EXHIBIT B" 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 in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING 3.823 ACRES OF LAND, MORE OR LESS, SITUATED IN THE W. D. PENNY SURVEY, ABSTRACT NO. 696, 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 WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; 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, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property ("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; 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 ORDINANCE ANNEXING 3.823 ACRES OF LAND-Page 1 rb/1:\mbox4\wylie\annex\invo13823.ord/080699 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 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 the 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. ORDINANCE ANNEXING 3.823 ACRES OF LAND-Page 2 rb/l:\mbox4lwylie\annex\invo13823.ord/080699 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the W. D. Penny Survey, Abstract No. 696, Collin County, Texas containing 3.823 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. 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 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. SECTION 6: Unlawful Use. 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 ORDINANCE ANNEXING 3.823 ACRES OF LAND-Page 3 rb/l:\mbox4\wylie\annex\invo13823.ord/080699 Comprehensive Zoning Ordinance No. 83-123A, 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. 83-123A, and any amendments thereto. SECTION 7: Penalty. Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, 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 ($2,000.00), 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 8: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, 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 9: Conflicting Ordinances Repealed. 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 10: Effective Date. 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 and publication. ORDINANCE ANNEXING 3.823 ACRES OF LAND-Page 4 rb/1:\mbox4\wylie\annex\invo13823.ord/080699 • PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary & JOPLIN, P.C. City Attorneys DATE OF PUBLICATION: ,NAME OF NEWSPAPER ORDINANCE ANNEXING 3.823 ACRES OF LAND-Page 5 rb/l:\mbox4\wylie\annex\invo13823.ord/080699 EXHIBIT - .- - - BEING a survey of a tract of land in the W.D. Penny Survey, Abstract 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, and being more particularly described as follows: COMMENCING at the Southeast corner of said 25.679 acre tract, a fence corner;Thence North 01 degrees 25 minutes 00 seconds West, along a fence on the east line of said 25.679 acre tract, 868.0 feet the northeast corner to an iron e,a oint rodln at Parker of POINT OF BEGINNING of-the t a described 25.677 9 acre tract, 181.12 feet herein; THENCE, South 01 degrees 25 minutes 00 seconds East,726.87 feet to an iron rod in the northerly line of the T.P.& L. Company tract as per Volume 573, Page 475, Deed Records, Collin County, Texas; THENCE, South 86 degrees 01 minutes 50 seconds West, along the northerly line of said T.P.& L. Company tract, approximately 285 feet to an iron rod; THENCE,North 00 degrees 42 minutes 00 seconds West, 863.20 feet to an iron rod in the north line of said 25.679 acre tract, same being Parker Road; THENCE, East along the north line of said 25.679 acre tract and along a line in Parker Road, approximately 285 feet to the POINT OF BEGINNING and CONTAINING 3.823 acres of land, more or less. VVYLIE CITY COUNCIL AGENDA ITEM NO. 9. August 31, 1999 Issue Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1999-2000 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase. At the End of the Hearing, the City Council Must Set and Announce the Date, Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Background In accordance with the `Truth in Taxation"laws of the State of Texas, on August 10, 1999, the City Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for August 31, 1999. The results of the record vote on the proposed tax rate and the notice of the public hearing were published in the Wylie News on August 18, 1999. This public hearing has been advertised in compliance with the publication requirements set forth in the Truth in Taxation Law. The purpose of the public hearing on August 31, 1999,is to give the taxpayers an opportunity to express their views on the tax increase. The City Council may not adopt the tax rate at this hearing. Instead, at the end of the hearing, it must set and announce the date,time and place of the meeting at which it will vote on the final proposed tax rate. The second public hearing will be on September 14, 1999, to vote on the final tax rate. After the August 31, 1999, meeting and before the meeting scheduled for the final tax vote, the City Council must publish a second quarter-page notice - `Notice of Vote of Tax Rate." The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maim) in McKinney. A copy is also maintained in the Finance Department for the Council and the public to view. Financial Considerations The proposed budget is based on the proposed tax rate of$0.70 per $100 valuation. This is the rate previously discussed by Council. Any change in the proposed rate will require revision of the proposed budget. Other Considerations The City is required by law to follow certain meeting and notice(publication)guidelines as shown on the attached calendar excerpt from the "Truth in Taxation"guide. Staff Recomhendations The Staff recommends that Council schedule the next required public hearing on the tax increase for September i4, 1999, after the close of the public hearing. Attachments "Notice of Public Hearing on Tax Increase"published August 18, 1999, in the Wylie News "1999 Property Tax Rates in the City of Wylie"published August 4, 1999, in the Wylie News 1999 Planning Calendar from the "Truth in Taxation"guide r Prepared by Re ' ed by Finance City Manager Approval Notice of Public Hearing on Tax Increase The CITY OF WYLIE will hold a public hearing on a proposal to increasE total tax revenues from properties on the,tax roll by 20.95 percent. Your individual taxes may increase or decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 31 , 1999 at 6:00 pm at City Hall,! 2000 Hwy 78 N., Wylie, Texas. FOR the proposal: Mayor John Mondy Mayor Pro Tem J.C. Worley Joel Scott Reta Allen Jim Swartz Merrill Young AGAINST the proposal Chris Trout PRESENT and not voting None ABSENT None The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your; individual taxes may be higher or lower, depending on the taxable value of your property. Last Year This Year Average residence homestead value $79,752 $86,579 General exemptions available $0 $0 (amount available on the average homestead, not including senior citizens'or disabled person's exemptions) Average taxable value $79,752 $86,579 Tax rate (per $100) 0.675000 0.700000 Tax $538.33 $606.05 Under this proposal, taxes on the average homestead would increase by; $67.72 or 12.58 percent compared with last year's taxes. Comparing tax, rates without adjusting for changes in property value, the tax rate would increase by $0.025 per $100 of taxable.value or 3.70 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes' in the taxable value of property. � 12-1 t-339 j 1999 Property Tax Rates in City of Wylie This notice concerns 1999 property tzlx rates for CI.1'Y OF WYLIE.It presents information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year.This year's effec- tive tax rate would impose the same total taxes as last year if you compare properties taxed in both years.This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback pro- cedures.In each case these rates arc found by dividing the total amount of taxes by the tax base(the total value of taxable property)with adjustments as required by state law.The rates are given per$100 of property value. Last year's tax rate: Last year's operating taxes $2,395,858 Last year's debt taxes $744,039 Last year's total taxes $3,139,897 Last year's tax base $465,169,926 Last year's total tax rate 0.675000/$100 This year's effective tax rate: Last year's adjusted taxes $3,132,605 (after subtracting taxes on lost property) ' , /This year's adjusted tax base — $508,057,421 (after subtracting value of new property) =This year's effective tax rate 0.616584/$100 This year's rollback tax rate: , Last year's adjusted operating taxess (after subtracting taxes on lost property and adjusting for transferred function) $2,391,665 /This year's adjusted tax base $508,057,421 =This year's effective operating rate 0.470747/$100 X 1.08=This year's maximum operating rate 0.508406/$100 +This year's debt rate 0.196488/$100 =This year's rollback rate 0.704894/$100 SCHEDULE A Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. "C These balances are not encumbered by a corresponding debt obligation. • Type of Property Tax Fund Balance Maintenance&Operations $ 1,075,000 Interest&Sinking $ 184,880 ti SCHEDULE B °c 1999 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes.These amounts will be paid from property tax revenues(or additional sales tax revenues,if applicable). �p Description of Debt Principal or contract Interest to be pd Other amts Total payment to be pd from prop taxes to be pd pmt from prop taxes Certificates of Obligation Series 1990 $35,055 $1,157 $350 $36,562 Tax Refunding Bonds Series 1993 $128,802 $97,030 $350 $226,182 General Obligation Bonds Series 1995 $52,320 $76,817 $350 $129,487 Certificates of Obligation . Series 1997 $47,222 $79,391 $350 $126,963 Tax Notes—Series 1998 $135,000 $37,985 $350 $173,335 Public Property Finance Cont.Oblig. Series 1995 $30,000 $10,315 $350 $40,665 Public Property Financing Cont Obligation Series 1999 $50,000 $16,688 $350 $67,038 General Obligation Bonds Series 1999 $100,000 $165,428 $350 $265,778 • • Total required for 1999 debt service $1,066,010 -Amount(if any)paid from funds listed in Schedule A $0 -Amount(if any)paid from other resources $0 -Excess collections last year $0 =Total to be paid from taxes in 1999 $1,066,010 +Amount added in anticipation that unit will collect only 100%of taxes in 1999 $0 =Total Debt Levy $1,066,010 This notice contains a summary of actual effective and rollback tax rate calculations.You can inspect a copy of ' the full calculations at 1434 N.Central Expressway,Ste 116,McKinney,Texas 75070. Name of person preparing this notice:Kenneth L.Maun Title:Tax Assessor Collector Date Prepared:July 30,1999 I I-I t- 339 1999 PLANNING CALENDAR May?? Mailing of notices of appraised value by Chief Appraiser. May 15 Deadline for submitting appraisal records to ARB. July 15 Deadline for commissioner of education to send notice to districts required to equalize wealth. July 20 Deadline for ARB to approve appraisal records. July 27 Deadline for Chief Appraiser to certify rolls to taxing units. July?? Certification of anticipated collection rate by collector. July 30 Calculation of effective and rollback tax rates. August 11 Publication of effective and rollback tax rates; schedules and fund balances; submission to governing body. August 6 72-hours notice for meeting (Open Meetings notice) August 10 Meeting of governing body to discuss tax rate; if proposed tax rate will raise more revenue than the preceding year's revenue, take record vote and schedule public hearing. August 18 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. August 27 72-hour notice for public hearing (Open Meetings Notice). August 31 Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date. September 8 "Notice of Vote of Tax Rate" (2nd quarter-page notice) published before meeting to adopt tax rate. September 10 72-hour notice for meeting at which governing body will adopt tax rate. September 14 Meeting to adopt tax rate. Meeting is 3 to 14 days after public hearing and by September 1, or as soon after as practicable. School districts subject to an equalized wealth notice must wait to adopt a tax rate until the commissioner certifies the wealth'is equalized (Section 41.004(c), Education Code).