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05-13-1999 (City Council) Agenda Packet WYLIE CITY COUNCIL tV/:".‘ Special Called Meeting Agenda Thursday, May 13, 1999 7:00 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 Citizens Participation Items for Individual Consideration Public Hearing 1. Consider and Act Upon an Ordinance Annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254,Page 563 of the Deed Records of Collin County, Texas(DRCCT). Staff Reports Worksession Discussion of Future Annexation Possibilities& Other Related Annexation Issues. Adjournment. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at anypaint during the open meeting to discuss any item posted on this agenda. Specific sections ofthe 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. City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must he 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. May 13, 1999 Issues Consider and Act Upon an Ordinance Annexing all of a certain 136.339 Acre tract situated in the William Patterson Survey, Abstract No 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254, Page 563 of the Deed Records of Collin County, Texas (DRCCT). Background: The City of Wylie has received a request for annexation from Kurtz- Bedford Associates, Incorporated, for Barbara D. Wilkinson on a 136.339 acre tract generally located along the west side of FM 1378 across the street from the Newport Harbor development. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the May 13, 1999, and May 25, 1999, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for June 22, 1999. Notice published for the first public hearing: April 28, 1999 First Public Hearing: May 13, 1999 Notice published for the second public hearing: May 12, 1999 Second Public Hearing: May 25, 1999 Institution date (Adopt Ordinance): June 22, 1999 Financial Considerations: According to the Collin County Central Appraisal District, the marketing value of the property is $520,000.00 with an accessed taxable valuation of$23,794.00. Other Considerations: Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Commission Recommendation: Not applicable Staff Recommendation: Approval Attachments: Applicant's letter Exhibit"A" legal description City limits boundaries map Service Plan Annexation Ordinance Prepared by Reviewed by Finance City Manager's Approval 111-.111111 LUCAS an UMFIS Illa 'a er oa• F.M. 2514 '_■ _. iUP1IflI -_ -_ _ i 1 _____________ , —V- — mtrzramorrillinilliiillill • PARKER CITY LIMITS �Adbli: immor,,•iiii. 2 't: k -- I[Iiiii ' ■iI[IIIIIIIIW, it►[[w 491 t ' d 3; 7III[.II[[I.. ����� 11111[I►�i -i111a11IIII► ��' 1/� ii/IIII► + IR 111111111111►►t S' %�i[winift - ►itirini i11►►►1%**��t`Ii1imi[� I!1I111[IIII►tto����l,�t11i1111111 INIUIIIIII[[[►1t� ,: 1I111111111 ill■milintlith _Ai 11111111111 „ i in .1 McMillen I 11II ► l III I PROPOSED . e--) ANNEXATION MAP44' January 21, 1999 CITY OF WYLIE 2000 Highway 78 North Wylie, Texas 75098 Attn: Mr. Mike Collins, City Manager . Dear Mr. Collins: This letter shall serve as my request for an annexation on the property described on Exhibit "A" attached hereto. Sincerely, , oe//1 ' Barbara D. Wilkinson 3830 Douglas Garland, Texas 73 V( 972-278-7049 Kurtz - Bedford Associates, Inc. MOM CONSULTING ENGINEERS-SURVEYORS 4222 Rosehill Road Suite No.2 Garland,Texas•75043 972-240-5999 Fax 972-240-4466 352 Cedar Crest Drive Coppell,Texas 75019 972-462-7441 Fax 972-462-7661 January 25, 1999 Mr. Tobin Maples,Planning Director 6-1'S City of Wylie fe/1"-- Highway 78 North p/€4-3-C- 2000 Wylie, Texas 75098 MaPe„, RE: Barbara Wilkinson- 130 Acre Annexation Request A vv ici Dear Mr. Maples: Please find enclosed the following: Letter dated January 21, 1999 from Barbara Wilkinson requesting annexation Exhibit"A"-legal description:for tract Location Map for your use By these documents,Ms. Wilkinson is requesting annexation. Please fax me a schedule for council meetings that this item will be considered. Sincerely, Kurtz-Bedford Associates, Inca / aAZ. -- Tony Krauska,P,E. Garland Project Manager cc: Barbara Wilkinson Steve Topletz • EXHIBIT "A" 136.339 Acres -William Patterson Survey -Abstract No. 716 FIELD NOTE DESCRIPTION 02/12/99 BEING a 136.339 acre tract of land situated in the William Patterson Survey,Abstract Number 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254, Page 563 of the Deed Records,'of Collin County, Texas(DRCCT) and being more particularly described as follows: BEGINNING at a one inch iron pipe found for the southeast corner of a 29.07 acre tract of land according to the deed recordedin Volume 687, Page 261 (DRCCT)and being located in the westerly right-of-way line of F.M. 1378 (a 90 feet wide right-of-way); THENCE along the westerly right-of-way line of said F.M. 1378 as follows: SOUTH 00°08'34" EAST a distance of 513.79 feet to a 5/8 inch iron rod set for the beginning of a curve to the right having a radius of 1,864.86 feet, a chord bearing of South 03%%d40'27" West and a chord length of 248.22 feet; Along said curve to the right through a central angle of 07°37'5S" for an arc length of 248.40 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 07°29'25"WEST a distance-of 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to the left having a radius of 1,954.86 feet,�a chord bearing of South 04%%d17'56" West and a chord length of 217.70 feet; Along said curve to the left through a central angle of 06°23'02" for an arc length of 217.81 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 01°06'25" WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast corner of a 100.00 acre tract of land according to the deed recorded in Volume 883. Page 628 (DRCCT); THENCE departing the westerly right-of-way line of said F.M. 1378 NORTH 89°40'14"WEST a distance of 2,617.12 feet to a one inch iron pipe found for the northwest corner of said 100.00 acre tract of land; THENCE NORTH 63°30'26" WEST a distance of 28.19 feet to a 1/2 inch iron rod found for the southeast corner of a 207.452 acre tract of land according to the deed recorded in Volume 860, Page 381 (DRCCT); THENCE along the easterly line of said 207.452 acre tract of land as follows: NORTH 02°44'29"EAST a distance of 993.36 feet to a 5/8 inch iron rod set for corner; NORTH 01°46'26"NEST a distance of 804.78 feet to a 5/8 inch iron rod set for corner; -- NORTH 03°42'09"EAST a distance of 423.02 feet to a wood fence post found for the southwest corner of a 9.0 acre tract of land according to the deed recorded in Volume 390, Page 100(DRCCT); NORTH 89°02'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast corner of said 9.0 acre tract of land and the southwest corner of said 29.07 acre tract of land; THENCE along the southerly line of said 29.07 acre tract of land as follows: SOUTH 89°12'27"EAST a distance of 1,297.76 feet to a 5/8 inch iron rod set for corner; NORTH 89°40'00" EAST a distance of 923.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 136.339 acres or 5,938,946 square feet of land, more or less. "EXHIBIT B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: June 2, 1999_ ACREAGE ANNEXED: 136.339 ACRES SURVEY, ABS TRACT & COUNTY: _William Patterson Survey _Abstract Number 716 _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 equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within 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 the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr "EXHIBIT B" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the • effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks,playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr "EXHIBIT B" 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. • H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be accordance with the applicable City ordinances and regulations. Y.' S Such extensions willbe commenced within two (2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr "EXHIBIT B" J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, • whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2)years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services-*:provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten(10) years from the effective date of the Ordinance. Owner Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 136.339 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, BEING A PORTION OF A 157.53 ACRE TRACT OF LAND ACCORDING TO THE DEED RECORDED IN VOLUME 254, PAGE 563 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT); PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and Ordinance No Page 2 WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: Ordinance No Page 3 SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. Ordinance No Page 4 SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1999. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News