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Ordinance 2006-26 ORDINANCE NO. 2006-26 AN ORDINANCE ANNEXING A CERTAIN 61.26 AC TRACT OF LAND SITUATED IN THE ALLEN ATTE Y SURVEY, ABSTRACT NO. 23, AND A PORTION OF A 86.6 ACRE TRACT DESCRIBED TO S.H. HOOD, AS RE ~ LUME 291, PAGE 167, COLLIN COUNTY DEED S, \!} L COUNTY, TEXAS; PROVIDING THAT THE D ABITANTS OF THE ABOVE-DESCRIBED TRAC L BE ENTITLED TO THE RIGHTS AND PRIVI CITIZENS OF WYLIE AND BE BOUND BY I ANCES NOW IN EFFECT AND HEREAFTE lING FOR A PE TY FOR A VIOLATION AND COMP E ZONING ORDINA OVIDING FOR SAVINGS AND USES; PRO VI G \-. ~ ECTIVE DATE RDINANCE; A . ~ FOR THE PUBLICA: THE CAPTION T~R\0 WHEREAS, the City Coun 0 \i) ~ ~Iie, Texas ("City Council") under the authority of Section 43.021. Local \: '~~ode and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and d that it would be advantageous and beneficial to Wylie and its inhabitants to annex the w-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 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. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd notices, hearings, procedures and ormed and completed in the manner and SECTIO e Property describe x~P \ '\ I public streets, roadways and alleyways located within or contiguou . s h~exed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service ~ made a part hereof for all purposes. WHEREAS, the City Council finds that the public hearings ere conducted on or after the fortieth (40th) day but before the twentieth (20th) day befor date of institution of the annexation proceedings; and ~ WHEREAS, the City Council finds te ~ ation process within ninety (90) days after the City instituted the in d the roperty is attached hereto as "Exhibit B" and 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. 2001-48, 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. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any prOVlSlon of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/1 00 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. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and anY~m dments thereto, be declared unconstitutional or invalid by any court of competent jurisdi' is expressly provided that any and all remaining portions shall remain in full force an \) t. SECTION 8: All ordinances in conflic Or \;> e repealed to the extent they are in conflict, and any remaining po . cti ordinance shall remain in full force and effect. ~ all be published in accordance with the law ondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wvlie News - Mav 3. 2006 Ordinance No. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd Exhibit "A" Being a 61.26 acre tract of land located in the Allen Atter~ y, Abstract No. 23, and a portion part of a called 86.6 acre tract described to S. 0 \) r ded in Volume 291, Page 167, Collin County Deed Records (C.C.D.R.), ~ y metes and bounds as follows; comer of a tract of Ian C.C.D.R., the sout~ recorded in Vol , ROW), as THENCE No es 32 minutes 50 se Survey and the line of said Wil . diameter iron rod marking the PO Pulliam tract; THENCE North 89 degrees 32 mi ~ seconds West, continuing along the South line of said Atterberry Survey and the North Ii 0 said Williams Survey, the North line of said Rice tract, the North line of a tract of land described to Darlene R. Ceilley, as recorded in Volume 4977, Page 504, C.C.D.R., North line of a tract of land described to Edwin W. Klingbeil, as recorded in Volume 4977, Page 504, C.C.D.R., and the North line of a tract of land described to Robert L. Klingbeil, as recorded in Volume 5250, Page 3809, C.C.D.R., a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast comer of the Twin Lakes Phase V subdivision, as recorded in Volume 5588, Page 3164, Collin County Plat Records, and marking the Southwest comer of the herein described tract; outh line of said Atterberry ce of 648.87 feet to a 5/8 inch being the Southwest comer of said THENCE North 00 degrees 51 minutes 52 seconds East, leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast comer of said Twin Lakes Phase V Subdivision, and the South line ofa tract of land described to Steven Combest, as recorded in Volume 3743, Page 219, C.C.D.R., marking the Northeast comer of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said Combest tract, a tract of land described to Jesse Candenas, as recorded in Volume 4871, Page 1327, C.C.D.R, a tract of land described to Martha Sheppard, as recorded in Plat Book 84, Page 338, C.C.D.R., a tract ofland described to Terry and Casaundra Carlisle, as recorded in Volume 3011, Page 202, C.C.D.R., a tract ofland described to James Heintz, as recorded in Volume 5400, Page 2520, C.C.D.R., a tract of land described to Billy D. Duncan, a tract of land described to James & Donna Trevino, as recorded in Volume 4501, Page 1617, C.C.D.R., a tract ofland described to Sandra Benton, as recorded in Volume 4761, Page 1510, C.C.D.R., a tract of land described to Close Family Living Trust, as recorded in Volume 5249, Page 5919, C.C.D.R., a tract of land Ordinance No. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd described to Sam Terry, a tract of land described to David & Julie Black, as recorded in 94- 0063489, C.C.D.R., and a tract of land described to Merie &~. Little, as recorded in 93- 0080940, C.C.D.R., a distance of 1492.50 feet to a found~ 12 . ameter iron rod in a pecan tree, being the Northwest comer of a tract of land desc \) tent & Beverly Bates, as recorded in 96-0018275, C.C.D.R., for the North NO~C \) f herein described tract; THENCE South 02 degrees 39 minutes 12 e g t est line of said Bates tract, a distance of 331.53 feet to a set 1/2 i d h cap stamped "TRI- TECH" being the Southwest comer of said Bat ~ \: . 0 orner of the herein described tract; THENCE South 89 de \\ \ nds East, along the ~ine of Said Bates tract, a distance 684.24 \. '\) eter iron rod Wit~ ed "TRI-TECH" being the Southeas act and on the we~ a ine of said F.M. 544, marking th er of the herein desc . t \; THENCE Sout grees 37 minutes 38 ds est right-of-way line of said F.M. 544, a dista ce of 179.98 feet to er iron rod; \) THENCE South 04 degrees 02 ~ 'I S nd ast, continuing along the West right-of-way line of said FM. 544, a distance . ~ ee 0 a found 5/8 inch diameter iron rod being the Northeast comer of said Pulliam tr marking the East Southeast comer of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West, leaving said right-of-way and along the North line of said Pulliam tract, a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest comer of said Pulliam tract and an interior comer of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West, along the West line of said Pulliam tract, a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. Ordinance No. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd SURVEY, AB RACT & COUN Collin County, Texas Municipal Services to the acrea ~ the City of Wylie, Texas (the" following schedule: Exhibit "B" CITY OF WYLIE, TE SERVICE PLAN FOR A E 'be above shall be furnished by or on behalf of the following levels and in accordance with the 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 (4-112) 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, Ordinance No. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd extends fire service to any other area of the municipalit , area within sixty (60) days of the effective date oft 2. As development and construction commenc in ~ a emergency ambulance equipment will vi maximum level of fire services con . land utilization and population s Council within four and 3. c. 1. Enforcement of the City' ordinances and regulations, including but not limi t d ordinances, junked and abandoned vehicle ordinances and \. 'I, on I ordinances, shall be provided within this area sixty (60) days of. \> tive date of the annexation ordinance. These ordinances and regulation 1 e 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. Ordinance No. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park d recreational services, facilities and sites throughout the City, beginning sixty (60) days of the effective date of the annexation ordinance. ~ Additional facilities and sites to serve thO pr 9 its residents will be acquired, developed and maintained t an ~ s vided by applicable plans for providing parks and recr 0 t ty. Existing parks, playgrounds, d other recreational facilities within this property sh and acceptance by the City, be maintained and 0 ie, but not otherwise. Ie shall be provide ~ accordance with ies, beginning withi i effective date of the rdinance. Resident f lzing private collection servic at the time of anne 0 so until it becomes feasible because of increased d \) to serve the property municipally. Commercial refuse c t be provided to any business located in the annexed area at ~ presently provided for any business customer within the Cit equest. As development and c struction 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. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. 2. 3. F. 1. 2. 3. G. STREETS 1. The City's eXlstmg 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. 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. 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. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. 2. 3. 4. Ordinance No. 2006-26 Annexation - 61.26 acres FMS44/N of Elm Rd H. WATER SERVICES l. Connection to existing City water mains for wat r rvice for domestic, commercial and industrial use within this property' ovided in accordance with existing City policies. Upon connectio ains, water will be provided at rates established by City or . ce throughout the City. 2. As development and constructi pr perty, water mains of the City will be extended . rovisions of the Subdivision Regulations and othe d regulations. City participation in the costs of the e 'n accordance wit e applicable City ordinances xtensions will be c ed within two (2) years e of the annexation and substantially c ne-half (4 1/2) years a 3. s e or improved to Cit s r in the annexed hin dedicated ease ts e y the City of Wylie beginn Ithin sixty (60) day ffl fthe annexation ordinance. 4. Private water lines within aintained by their owners in accordance with existi 0 roughout the City. I. SANIT ARY SEWER S 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 l/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. Ordinance No. 2006-26 Annexation - 61.26 acres FM544fN of Elm Rd 2. 3. 4. Ordinance No. 2006-26 Annexation - 61.26 acres FM544/N of Elm Rd date of this