Ordinance 2004-17
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ORDINANCE NO. 2004-17 'l..J
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AN ORDINANCE ANNEXING A CERTAIN 14.7751 ACRE TRACT OF -"-"Ij.,
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LAND OUT OF THE L.B. OUTLAW SURVEY, ABSTRACT NO. 173, III
ROCKW ALL 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 0
CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; 0
PROVIDING FOR A PENALTY FOR A VIOLATION OF TmS 121
ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001- 6
48; PROVIDING FOR REPEALING, SA VINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE 121
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION THEREOF.
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 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 #2004-17
Annexation L. B. Outlaw Survey
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WHEREAS, the City Council finds that the public hearings were conducted on or after "'7'
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the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the 6
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annexation proceedings; and w
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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 0
0
publishing requirements for annexation have been performed and completed in the manner and 0
form set forth by law. 6
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 1
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 and zoned as "N'
Agricultural.
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. 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 provision 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
Ordinance #2004-17
Annexation L. B. Outlaw Survey
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Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues 3
shall be considered a separate offense; provided, however, such penal provision shall not 6
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preclude a suit to enjoin such violation. ~
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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 amendments thereto, be declared 121
unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that 121
any and all remaining portions shall remain in full force and effect.
0
SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent 6
they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full .=,
C.
force and effect.
SECTION 9: The caption of this Ordinance shall be published in accordance with the law
and the City Charter 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 8TH ofJune, 2004.
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CAROLE EHRLICH, City Secretary ,I"" if E 1~i- \,\,,,,
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Date(s) of Publication: 6-16-04 in the Wylie News.
Ordinance #2004-17
Annexation L. B. Outlaw Survey
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EXHIBIT "iV' 0
Being a tract of land situated in the L.B. Outlaw Survey, Abstract No. 173, Rockwall County,
Texas, and being a portion of a tract of land conveyed to Ishmael Leon Whitsell and wife, as 121
recorded in Volume 44, Page 204, Deed Records, Rockwall County, Texas, and the west portion 0
of a called 40-acre tract of land conveyed to Lola M. Kinser, as recorded in Volume 40, Page
591, Deed Records, Rockwall County, Texas, and being more particularly described as follows: 0
6
Beginning at a 3/8 inch iron rod found on the centerline of Troy Road, said point being the ='j,
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northwest corner of said Whitsell tract; .....J
Thence, along the north line of said tract, South 89 degrees 07 minutes 00 seconds East a
distance of 1,049.05 feet, to a concrete monument found for corner;
Thence, South 09 degrees 08 minutes 19 seconds East a distance of 302.45 feet, to a concrete
monument found for corner;
Thence, South 21 degrees 13 minutes 20 seconds West a distance of 99.95 feet, to a concrete
monument found for the northwest corner of a called 32.90 acre tract as conveyed to the City of
Dallas, as recorded in Volume 65, Page 560, Deed Records, Rockwall County, Texas;
Thence, along the west line of said City of Dallas tract, South 23 degrees 37 minutes 54 seconds
West a distance of 110.95 feet, to a point for corner on the north line of a 100.00 foot easement
to the City of Garland;
Thence, along said north line, South 65 degrees 18 minutes 04 seconds West a distance of 632.95
feet, to a point for corner on the northeasterly line of a tract of land conveyed to A.A. Iliya, as
recorded in Volume 67, Page 347, Deed Records, Rockwall County, Texas;
Thence, along said northeasteriy line, north 48 degrees 48 minutes 35 seconds West a distance of
593.87 feet, to a Y2 inch iron rod found on the centerline of the aforementioned Troy Road;
Thence, along said centerline, North 00 degrees 50 minutes 41 seconds East a distance of383.02
feet, to the Point of Beginning and containing 14.7751 acres ofland.
Ordinance #2004-17
Annexation L. B. Outlaw Survey
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EXHIBIT "B" ~
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CITY OF WYLIE, TEXAS ".."
SERVICE PLAN FOR ANNEXED AREA ,:,
TROY ROAD TRACT 0
ANNEXATION ORDINANCE NO.: 2004-17 0
DATE OF ANNEXATION ORDINANCE: June 8. 2004 0
121
ACREAGE ANNEXED: 14.7751 acres 6
SURVEY, ABSTRACT & COUNTY: L.B. Outlaw Survey, Abstract No. 173, Rockwall 4
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.
Ordinance #2004-17
Annexation L. B. Outlaw Survey
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As development and construction commence in this area, sufficient fire and "2-
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emergency ambulance equipment will be provided to furnish this area the maximum 6
level of fire services consistent with the characteristics of topography, land utilization ~~
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and population density within the area as determined by the City Council within four 121
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 0
ambulance services will be provided to this area as are furnished throughout the City. 0
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 0
6
1. Enforcement of the City's environmental health ordinances and regulations, 5
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.
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Annexation L. B. Outlaw Survey
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E. PARK AND RECREATION SERVICES ~
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1. Residents of this property may utilize all existing park and recreational services, =-to
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facilities and sites throughout the City, beginning within sixty (60) days of the 0
effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will be acquired, 121
developed and maintained at locations and times provided by applicable plans for
providing parks and recreation services to the City. 0
3. Existing parks, playgrounds, swimming pools and other recreational facilities within 0
this property shall, upon dedication to and acceptance by the City, be maintained and 6
operated by the City of Wylie, but not otherwise. 6
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.
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Annexation L. B. Outlaw Survey
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The same level of maintenance shall be provided to streets within this property which ;..~.
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have been accepted by the City as is provided to City streets throughout the City. 6
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4. Street lighting installed on streets improved to City standards shall be maintained in ~
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accordance with current City policies.
H. WATER SERVICES
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1. Connection to existing City water mains for water service for domestic, commercial 0
and industrial use within this property will be provided in accordance with existing 121
City policies. Upon connection to existing mains, water will be provided at rates
established by City ordinances for such service throughout the City. 6
2. As development and construction commence in this property, water mains of the City 7
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.
1. 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.
Ordinance #2004-17
Annexation L. B. Outlaw Survey
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J. MISCELLANEOUS 6
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1. Any facility or building located within the annexed area and utilized by the City 0
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. 121
2. General municipal administrative services of the City shall be available to the 0
annexed area beginning within sixty (60) days of the effective date of the 0
annexation ordinance. 6
3. Notwithstanding, anything set forth above, this Service Plan does not require all 8
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.
Ordinance #2004-17
Annexation L. B. Outlaw Survey
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lOCATION MAP
PROPOSED ANNEXATION
THE WYLIE NEWS
l;overmg Wylie, ~achse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369 (972) 442-5515
Wylie, Texas 75098 Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of
The Wylie News, a newspaper regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the
foregoing attached
City of Wylie
Ord. No. 2004-17, Ord. No. 2004-18, Ord. No. 2004-19,
Ord. No. 2004-20, Ord. No. 2004-21, Ord. No. 2004-22
was published in said newspaper on the following date(s), to-wit: June 16,2004.
rJif~
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the }0~ day of ~ ,2004
to certify which witness my hand and seal of office.
ADA L. MOONEY {/L ~~
Notary PUblic
State of Texas
My Cc>mm. Exp. 01-02-07
Notary Public in and for
The State of Texas
My commission expires 01/02/07
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hearing, st2Jelaw prov;des of 35.00 feet to a 1/2 inch ABILITY- CLAUSE; -spririgcreel<Pkwy, WyITe~---.
that approyal ofthe zoning iron rod set, for a comer; AND PR.oVIDING F.oR Texas, on Wednesday,
change request shall AN EFFECTIVE DATE June 30, 2004 at 11:00
require an affifIllative vote THENCE South 86 AM local time.
of 3/4 of the members of degrees 13 minutes 05 .oRDINANCE N.o.
the City Council. seconds East across said 2004.20 The project includes but is
The application is on file 3.953 acre tract a distance AN .oRDINANCE .oF not limited to removal of
for public examination in of 20.00 feet to the P.oINT THE CITY .oF WYLIE, existing mechanical
the Planning Department .oF BEGINNING of said TEXAS, AMENDING equipment and installation
at 2000 Highway 78 0.014 acres (616.77 sq. ft.) THE C.oMPREHENSIVE of new roof top units,
North, Wylie, Texas. For oland. 4-lt-33 ZONING .oRDINANCE ductwork, electrical and
additional information, .oF THE CITY .oF plumbing connections,
please contact the .oRDINANCE N.o. WYLIE, AS HERET.o- drains, equipment curbs
Planning Department 2004-17 .oRE AMENDED, S.o and other miscellaneous
972/442-8158. Please ref- AS T.o CHANGE THE work as required.
erence the zoning case AN .oRDINANCE Z.oNING .oN THE
number when requesting ANNEXING A CERTAIN HEREINAFTER Plans and specifications
information. 14.7751 ACRE TRACT DESCRIBED PR.oPER. may be obtained begin-
This facility is wheelchair .oF LAND .oUT .oF THE TY, Z.oNING CASE ning June 14, 2004, from
accessible and handi- L.B. .oUTLAW SURVEY, NUMBER 2004-10, T.o Coffee, Crier, Schenck &
capped parking spaces are ABSTRACT N.o. 173, C.oRRIDOR C.oMMER- Hammond, Architects,
available. Requests for R.oCKWALL C.oUNTY, CIAL (CC) DISTRICT; 509 .oakland Avenue,
interpretation services or TEXAS; PR.oVIDING PR.oVIDING F.oR THE Austin, Texas 78703, tele-
assistiye hearing devices THAT THE .oWNERS REPEAL .oF ALL .oRDI- phone 512-478c0741, fax
must be made 48 hours AND INHABITANTS .oF NANCES IN C.oNFLICT; 512-479-0971. A deposit
prior to the meeting. THE AB.oVE- PR.oVIDING A SEVER- of $50.00 is required. The
Contact the .office of the DESCRIBED TRACT .oF ABILITY CLAUSE; deadline for requesting
City Secretary at (972) LAND SHALL BE ENTI- AND PR.oVIDING F.oR bid documents is July 2,
442-8103, or (TDD) (972) TLED T.o THE RIGHTS AN EFFECTIVE DATE. 2004. Bid documents will
442-8170 foe ""i"a11~ AND PRIVILEGES .oF 'not be issued after this
Exhibit "A (g .oTHER CITIZENS .oF .oRDINANCE N.o. date.
WYLIE AND BE 2004-21
Legal Descriptio B.oUND BY THE ACTS The TMFC encourages
ZC #2004-12 AND .oRDINANCES AN .oRDINANCE .oF certified Historically
N.oW IN EFFECT AND THE CITY .oF WYLIE, Underutilized Businesses
Lease Area HEREAFTER AD.oPT- TEXAS, AMENDING (HUB's) to bid on this
ED; PR.oVIDING F.oR A THE BUDGET F.oRTHE project. A list of certified
BEINO a 0.014 acre PENALTY F.oR A VI.o- FISCAL YEAR 2004 HUB's will be included in
(616.77 sq. ft.) tract and LATI.oN .oF THIS .oRDI- BEGINNING .oCT.oBER the project manual. The
being all that certain lot, NANCE AND C.oMPRE- I, 2003, AND ENDING Texas Military Facilities
tract or parcel of land situ- HENSIVE Z.oNING SEPTEMBER 30, 2004, Commission may be con.
ated in the E. C. Davidson .oRDINANCE N.o. 2001- BY AMENDING .oRDI- tacted by telephone at
Survey, Abstract No. 267, 48; PR.oVIDING F.oR NANCE N.o. 2003-21; 512~782-6982, fax 512-
Collin County, Texas, and REPEALING, SAVINGS REPEALING ALL C.oN- 782-6958 . or by mail at
being part of a called AND SEVERABILITY FLICTING .oRDI- 2200 West 35th Street,
3.953 acre tract described CLAUSES; PROVIDING NANCES; C.oNTAIN. Building 64, Camp
in a deed from Robert R. F.oR AN EFFECTIVE ING A SEVERABILITY Mabry, Austin, Texas
Martinez, Marcos F. DATE .oF THE .oRDI- CLAUSE; AND PR.o- 78703-1222. 4-lt-
Martinez, Ronald F. NANCE; AND PR.oVID- VIDING F.oR AN
Martinez, Emesto F. ING F.oR THE PUBLI- EFFECTIVE DATE
Martinez, Eugenio F. CATI.oN .oF THE CAp.
Martinez and Elida M. TI.oN THERE.oF. .oRDINANCE N.o. Look what
Price to Greenway-78, 2004-22 America
L.P. as recorded in Volume .oRDINANCE N.o.
4886, Page 4459, Collin 2004-18 AN .oRDINANCE .oF NOTICED!
County Deed Records, THE CITY .oF WYLIE, . School district budgets
and being more particular- AN .oRDINANCE TEXAS, REPEALING . Property auctions
. Publk hearings
ly described as follows: ANNEXING A CERTAIN .oRDINANCE N.o. 2001- . Local tax changes
44.039 ACRE TRACT 53; AD.oPTING THE . Adoptions
C.oMMENCING from a .oUT .oF THE FRANCIS- 2003 EDITI.oN .oF THE 1W1Il_....
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1/2 inch iron rod found at C.o DE LA PINA SUR- INTERNATI.oNAL FIRE
the southwest comer of VEY, ABSTRACT 688 C.oDE AND AD.oPTING ~ PntlClpatf In Dt'fllOrrlCy 1""
said 3.953 acre tract on the AND JAMES TRUETT AMENDMENTS ~":\::l.II HI lrl "nUf Pub I( N,lllcr<, \. ~/r:l
ssional Directory · Business & Professional Directory
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