Ordinance 2016-18 016 10:62:22 Ahs 00 1111
ORDINANCE NO.2016-18
AN ORDINANCE ANNEXING A CERTAIN 5.23 ACRES OF
LAND SITUATED IN THE FRANCISCO DE LA PINA
SURVEY, ABSTRACT NO. 688, TRACT 126, COLLIN
COUNTY, TEXAS,BEING ALL OF A CALLED 5.230 ACRE
TRACT OF LAND CONVEYED TO ODIE HALL LIVING
TRUST BY DEED RECORDED IN VOLUME 5424, PAGE
4662 OF THE DEED RECORDS OF COLLIN, TEXAS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie)
Home Rule Charter, investigated and determined that it would be advantageous and beneficial to
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 43.063,
Local Government Code, the City Council also investigated and determined that the Property is
within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city
limits of Wylie; and
WHEREAS, before the publication of the notice of the first public hearing regarding the
annexation of the Property, the City Council directed the appropriate persons to prepare a service
plan that provides for the extension of full municipal services to the Property to be annexed; and
WHEREAS, the City Council finds that the service plan (EXHIBIT "D") 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
Ordinance No.2016-18
Annexing a certain 5.23 acres of land situated in the Francisco De La Pina survey,
Abstract no.688,Tract 126,Collin County,Texas,
WHEREAS, the City Council finds that thexublic hearings were conducted on or after
the fortieth (40t") day but before the twentieth (20 ) 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 instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION l: 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 Agriculture/30 (A/30) District,
said property being described in Exhibit "A" (Legal Description), Exhibit `B" (Annexation
Exhibit), Exhibit "C" (Boundary Survey) and 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 1.5 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.
Ordinance No.2016-18
Annexing a certain 5.23 acres of land situated in the Francisco De La Pina survey,
Abstract no.688,Tract 126,Collin County,Texas,
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 14th day of November,2016.
Eric Hogue, a o
ATTEST:
. �f'-cam✓,:;•,,,
Carole Ehrlich, City ecretary N; o
DATE OF PUBLICATION.November 23,2016,in the Wylie Ne "Esa ��f~ri, r � Z2
GU0.COLORADO
si,gvA FE RAILwgY
TAT@ OF TEgP
Ordinance No.2016-18
Annexing a certain 5.23 acres of land situated in the Francisco De La Pina survey,
Abstract no.688,Tract 126,Collin County,Texas,
EXHIBIT A
Property Description(south/annexation)
SITUATED in the State of Texas and the County of Collin, being part of the Francisco De La
Pina Survey,Abstract No. 688, being all of a called 5.230 acre tract of land conveyed to Odie
Hall Living Trust by deed recorded in Volume 5424, Page 4662 of the Deed Records of Collin
County,Texas and these premises being more particularly described as follows:
BEGINNING at a point for comer in the west line of Kreymer Lane and in the north line of a
called 8.96 acre tract of land conveyed to Baby Abraham and Annamma Abraham by deed
recorded in Document No.20130830001232590 of the Deed Records of Collin County,Texas
and marking the southeast corner of said 5.230 acre tract,from which a 112 inch iron rod
found for reference bears South 88'10'56"West, 3.68 feet;
THENCE with the north line of said 8.96 acre tract and the south line of said 5.230 acre tract,
South 88010156"West, 1099.01 feet to a 1/2 inch iron rod found for comer in the east line of a
called 21.054 acre tract of land conveyed to William R.Talbert by deed recorded in Document
No. 2014111700125200 of the Deed Records of Collin County,Texas and marking the
northwest comer of said 8.96 acre tract and the southwest comer of said 5.230 acre tract;
THENCE with the east line of said 21.054 acre tract and the west line of said 5.230 acre tract,
North 03024'46"West,205.70 feet to a 1 Inch iron pipe found for comer marking the
southwest comer of a tract of land conveyed to Kikuchi Living Trust by deed recorded in
Document No.95-0091053 of the Deed Records of Collin County,Texas and the northwest
corner of said 5.230 acre tract;
THENCE with the south line of said Kikuchi Living Trust tract and the north line of said 5.230
acre tract, North 88013'47"East, 1103.24 feet to a point for comer in the west line of Kreymer
Lane and marking the southeast comer of said Kikuchi Living Trust tract and the northeast
comer of said 5.230 acre tract;
THENCE with west line of Kreymer Lane and the east line of said 5.230 acre tract, South
02°14'05"East, 204.71 feet to the Point of Beginning and containing 5.186 acres of land,
more or less.
EXHIBIT "B"
ANNEXATION
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EXHIBIT"D"
CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ODIE HALL-SERENE BUILDERS TRACT
ANNEXATION ORDINANCE NO.: 2016-18
DATE OF ANNEXATION ORDINANCE: 11-14-2016
ACREAGE ANNEXED: 5.23 acres
SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey, Abstract
No. A0688, Tract 126, Collin County, Texas
Municipal Services to the acreage described above shall be furnished by or on
behalf of the City of Wylie, Texas (the "City"), at the following levels and in
accordance with the following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent
with any of the methods of the City, extends police service to any other
area of the municipality, will be provided within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
FIRE SERVICES
1. Fire protection by the present personnel and the present equipment of the
Fire Department, within the limitations of available water and distances
from existing fire stations, and in a manner consistent with any of the
methods of the City, extends fire service to any other area of the
municipality, will be provided to this area within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient fire
and emergency ambulance equipment will be provided to furnish this area
the maximum level of fire services consistent with the characteristics of
topography, land utilization and population density within the area as
EXHIBIT"D"
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.
2. Complaints of ordinance or regulation violations within this area will be
answered and investigated within sixty (60) days of the effective date of
the annexation ordinance.
3. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with City codes and ordinances will
be provided within sixty (60) days of the effective date of the annexation
ordinance. Existing personnel will be used to provide these services.
4, The City's zoning, subdivision, sign and other ordinances shall be
enforced in this area beginning within sixty (60) days of the effective date
of the annexation ordinance.
5. All inspection services furnished by the City, but not mentioned above,
will be provided to this area beginning within sixty (60) days of the
effective date of the annexed ordinance.
6. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of
Environmental Health and Code Enforcement Services as are furnished
throughout the City.
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.
EXXMIT"D"
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.
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.
EXHIBIT"D"
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
(4 1/2)years after that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within dedicated easements shall be maintained by
the City of Wylie beginning within sixty (60) days of the effective date of
the annexation ordinance.
4. Private water lines within this property shall be maintained by their
owners in accordance with existing policies applicable throughout the
City.
I. SANITARY SEWER SERVICES
1. Connections to existing City sanitary sewer mains for sanitary sewage
service in this area will be provided in accordance with existing City
policies. Upon connection, sanitary sewage service will be provided at
rates established by City ordinances for such service throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City
standards, located in dedicated easements, and which are within the
annexed area and are connected to City mains will be maintained by the
City of Wylie beginning within sixty(60) days of the effective date of the
annexation ordinance.
3. As development and construction commence in this area, sanitary sewer
mains of the City will be extended in accordance with provisions of the
Subdivision .Regulations and other applicable City ordinances and
regulations. Such extensions will be commenced within two (2) years
from the effective date of the annexation ordinance and substantially
completed within four and one-half(4 1/2) years after that date.
EXHIBIT"D"
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.
After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
Filed and Recorded -— ---_
Official Public Records
Stacey Kemp, County Clerk
Collin County, TERAS
12/05/2016 10:52:22 AM
$66.00 SCAPELA
20161205001643850
•
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Tile 1Tarmer5bille times' • Murphy Monitor • The Princeton Herald • 7deSachse News • THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
Before me,the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinances No. 2016-18,2016-27,2016-28,2016-29
was published in said newspaper on the following date(s),to-wit:
November 23,2016
Chad Engbrock, Publisher
•
Subscribed and sworn before me on this, the day of )1/1V , 2016
to certify which witness my hand and seal of office.
L Al it
Notary Public in and;14/
J���ppvPLri SOMA A.pUGGAN The State of Texas
NotaryPublic,State of Teuas f� J6
;VI" comm.ex Expires 08-18-2020My commission expires 0,1 F/i-
p
*ihr ii" Notary ID 130783749
Murphy!Sachsc/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie.TX 75093•972-442-5515•fax 972-442-4318
Farnersville/Princeron Office• 101 S.Main•P.O.Box 512•Farrncrsville,TX 75442•972-784-6397•fax 972-752.7023
6C November 23 - 24, 2016
Ordinance Ordinance Ordinance
No.2016-18 No. 2016-27 No.2016-28 Ordinance
An Ordinance annex- An Ordinance of the An Ordinance of the No.2016-29
ing a certain 5.23 acres City Of Wylie, Texas, City of Wylie, Texas, An Ordinance of the
of land situated in the amending the Com- amending Chapter 74 city council of the
Francisco De La Pina prehensive Zoning offenses and, miscel-, City of Wylie, Texas,
Survey, .Abstract No. Ordinance of the City, laneous provisions, amending Wyllie's
688,.Tract 126, Collin Of Wylie, as hereto- adding Article XI —
Code of Ordinances,
County, Texas, being fore amended, so as i smoking regulations, Ordinance No. 2005- .,
all of a called 5.230 to change the zon- providing for a penalty 07,as amended,appen-
acre tract of land con- ing on the hereinaf- for the violation of this
- dix c (Wylie compre-
veyed to , Odie Hall ter described prop-a ordinance; providing hensive fee schedule),
erty, zoning case for repealing, sav-
Living Trust By Deed I � section i (water and
recorded in volume number 2016-12, from Ings and severability sewer• fees), subsec-
5424, Page 4662 of Planned Development 1 1 clauses; providing for tion o (penalty) and
The Deed Records of
2013-37-Single Family an effective date•of this section 2-3 (fee for us-
Collin, Texas; provid- District (PD2013-37- ordinance; and provid- ing credit/debit card to
in for penalty for SF) to Planned Devel- ing for the publication
g p y of the caption hereof. purchase city services).
the violation of this or- opment-2016-XX-Sin- of article 1 (in general)
dinance; providing for gle Family District of chapter 2 (admin-
the repeal of all ordi- (PD2016-XX-SF) To istration) to remove
nances in conflict;pro- allow a_ 5' rear, yard provisions requiring
viding a severability ! encroachment on ap- the assessment of a fee
clause; and providing proximately 350 acres-, If for the processing of a
for an effective date. providing for a penalty payment by credit or
for the violation of this debit card and the as-
ordinance; providing sessment of a fee "for
for the repeal of all the acceptance of such
ordinances in conflict; payment online; autho
providing a severabil- rizing the acceptance
ity clause; and provid- of payment by credit
ing for• an effective or debit card.of fees,
date. fines court costs or
other charges and au-
thorizing the collection
of a service charge if,
for any reason, a pay-
ment by credit or debit
I ,card is not honored;
providing for a pen-
II alty for the violation of
:.,:.. .
this ordinance; provid-
3' ing for repealing, sav-
ings and severability
clauses; providing for
an effective date of this
oildiaance; and provid-
ing for the publication
of the caption of this
ordinance.
29-1t-1431i