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Ordinance 2004-36..~ ORDINANCE NO. 2004-36 ----~ AN ORDINANCE ANNEXING A CERTAIN TRACT OF LAND SITUATED IN THE FRANCISCO DE LA F~NA SURVEY, ABSTRACT 688, COLLIN COUNTY, TEXAS, PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ASOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVIi~EGES OF _ OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND . HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE 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.Q56, Local Government Code, and has been made available for public inspection and was available far 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 WHEREA5, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opporttu~ity to be heard regarding the proposed annexation and the proposed service plan; and ~ WHEREAS, the City Council finds that the public hearings were conducted on or after -°M~ the fortieth (40th) day but before the twentieth (24~`) day before the date of institution of the annexation proceedings; and Ordinance #2004-36 Kreymer Annexation 1 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 1: The Property described in "Exhibit A" and a11 public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as"A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for ail 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 a11 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. Ordinance #2004-36 Kreymer Annexation 2 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 Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues sha11 be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. 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 unconstitutional or invalid by any 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 and shall be effective immediately upon its passage or as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of December, 2004. By: ATTEST: Carole Ehrlich, City Secretary Published in the Wvlie News i2-22-04 Ordinance #2004-36 Kreymer Annexation 3 EXHIBIT "A" BEING all that tract of land in the City of Wylie, Collin County, Texas, and being a part of the •-~~ FRANCISCO DE LA PINA SURVEY, ABSTRACT NUMBER 688, and being a part of that called 46 acre tract of land conveyed to Neva Lou Kreymer and Robert Brooks Kreymer as recorded in Volume 2787, Page 251, Collin County Deed Records, a part of that 10.1309 acre tract of land conveyed to Robert Kreynner and Phyllis Kreymer as recorded in Volume 2967, Page 268, Collin County Deed Records, a part of that 3.00 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 268, Collin County Deed Records, a11 of that 3.00 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 275, Collin County Deed Records, a part of that 10.1309 acre tract of land conveyed to Robert Kreymer and Phyllis Kreymer as recorded in Volume 2967, Page 275, Collin County Deed Records, a11 of that 4.00 acre tract of land conveyed to John Willis Kreymer as recorded in Volume 1658, Page 938, Collin County Deed Records, all of that 1.500 acre tract of land conveyed to Dot Marie Kreymer as recorded in Volume 5066, Page 2963, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod set at the northwest corner of said 46 acre tract, said point being the southwest corner of that 8.374 acre tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the east line of that 14.771 acre tract of land conveyed to Tim R. Kreymer and Robin A1 Kreymer as recorded in Document No. 96-00'71696, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE North 88 degrees 20 minutes 11 seconds East, 877.86 feet along the north line of said ~ 46 acre tract to a one-half inch iron rod found at the southeast corner of said 8.374 acre tract, said point being the southwest corner of said 10.1309 acre tract conveyed in Volume 2967, Page 275; THENCE North O1 degrees 40 minutes 33 seconds West, 532.19 feet to a one-half inch iron rod found for corner in the west line of said 10.1309 acre tract conveyed in Volume 2967, Page 268, said point being the most westerly southwest corner of that 9.737 acre tract of land conveyed to Farmers Electric Cooperative, Inc., as recorded in Document No. 97-0011472, Collin County Deed Records, said point being in the east line of that 7.424 acre tract of land conveyed to Deborah D. Sorrells as recorded in Volume 4699, Page 35, Collin County Deed Records; THENCE along the south line of said 9.737 acre tract as follows: 5outh 78 degrees OS minutes 49 seconds East, 419.07 feet to a one-half inch iron rod found for corner; North 11 degrees 59 minutes 51 seconds East, 235.02 feet to a one-half inch iron rod found for corner; South 78 degrees 06 minutes 23 seconds East, 899.29 feet to a PK nail set for corner, said point being in the approximate center of Stone Road ( a prescriptive use right-of-way); ..,,., THENCE along the approximate center of Stone Road as follows: Ordinance #2044-36 Kreymer Annexation 4 South Ol degrees 13 minutes 27 seconds East, 566.32 feet to a PK nail set at the southeast corner of said 4.00 acre tract, said point being in the east line of said 46 acre tract; -~,.~, South Ol degrees 55 minutes 45 seconds East, 867.07 feet to a PK nail set at the southeast corner of said 46 acre tract, said point being in the northeast corner of that tract of land described as Tract No. 4 conveyed to Jessie Glenn Coats, et ux as recorded in Document No. 96-0017642, Collin County Deed Records; THENCE along the south line of said 46 acre tract as follows: South 88 degrees 19 minutes 43 seconds West, 718.94 feet to a three-eights inch iron rod found for corner, said point being the northeast corner of that 6339 acre tract of land conveyed to Carroll Calvin Holley and Beverly Kay Holley as recorded in Volume 2387, Page 828, Collin County Deed Records; South 88 degrees 23 minutes 23 seconds West, 240.39 feet to a ane-half inch iron rod found for corner, said point being the northeast corner of that 9.635 acre tract of land conveyed to Kathleen M. Kerin as recorded in Volume 4770, Page 1994, Collin County Deed Records; South 88 degrees 32 minutes 08 seconds West, 1035.90 feet to a three-eights inch iron rod found for corner, said point being the northeast corner of that 1.995 acre tract of land conveyed to Chad M. Packard and Bethany L. Packard as recorded in Document No. 93- 0093792, Collin County Deed Records; }~" South 87 degrees 55 minutes 00 seconds West, 207.63 feet to a 60d nail found at the southwest corner of said 46 acre tract, said point being the northwest comer of said Packard tract, said point being in the east line of that 9.184 acre tract of land conveyed to John F. Reschke, et ~ as recorded in Volume 3389, Page 97, Collin County Deed Records; THENCE along the west line of said 46 acre tract as follows: North 02 degrees 21 minutes 08 seconds West, 245.30 feet to a 60d nail found for corner, said point being the northeast corner of said Reschke tract, said point being the southeast corner of that 12.499 acre tract of land conveyed to John A. Yates, et ~ as recorded in Document No. 96-0070802, Collin County Deed Records; North 02 degrees 22 minutes 58 seconds West, 437.30 feet to a one-half inch iron rod found for corner, said point being the southeast corner of that 5.00 acre tract of land conveyed to Joe Tolleson, et ~ as recorded in Volume 4298, Page 1653, Collin County Deed Records; North 02 degrees 27 minutes 31 seconds West, 109.50 feet to a 60d nail found for corner, said point being the northeast corner of said 5.00 acre tract, said point being the southeast corner of said 14.771 acre tract; Ordinance #2004-36 Kreymer Annexation 5 North 02 degrees 11 minutes 46 seconds West, 187.64 feet along the east line of sa.id 14.771 acre tract to the PO1NT OF BEGINNING and containing 2,883,414 square feet or 66.194 acres of land. Ordinance #2004-36 Rreymer Annexation 6 EXHIBIT "B" CITY OF WYLIE, TEXAS ~'"'" SERVICE PLAN FOR ANNEXED AREA KREYMER TRACT ANNEXATION ORDINANCE NO.: #2004-36 DATE OF ANNEXATION ORDINANCE: December 14, 2004 ACREAGE ANNEXED: 66.174 acres SURVEY, ABSTRACT & COLJNTY: Francisco de la Pina Survey, Abstract 688, Collin County 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 l. 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 si~y (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. FIltE 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, e~rtends fire service to any other area of the municipality, will be provided to this area within si~y (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 Ordinance #2004-36 Kreymer Annexaation 7 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. 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 fixrnished 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. E. PARK AND RECREATION SERVICES _.,~.. l. 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. Ordinance #2004-36 Kreymer Annexation 8 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 Solid waste collection shall be provided to the properly 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 sha11 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 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 af 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 thi.s 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 Ordinance #2004-36 Kreymer Annexation 9 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 sha11 be mainta.ined 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 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. 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. 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. Ordinance #2004-36 Kreymer Annexation 10 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. Ordinance #~,044-36 Kreymer Annexation 11 ORDINANCE NO. 2004-36 THIS ORDINANCE PERTAINED TO ANNEXING ALL OF A CERTAIN 66.194 ACRE TRACT OF LAND OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT #688, COLLIN COUNTY, TEXAS AND GENERALLY LOCATED WEST OF STONE ROAD, EAST OF KREYMER. TillS ITEM W AS WITHDRAWN BY THE APPLICANT. Minutes from December 14. 2005 B, Consider and act upon Ordinance #2004-36 annexing all of a certain 66.194 acre tract of land out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone road, east of Kreymer. (C. Thompson, Planning & Zoning Director) Mayor Mondy announced that the Kreymer Annexation Ordinance #2004-36 had been withdrawn by the applicant with a letter to that effect on file. Council Action A motion was made by Mayor Pro Hogue, seconded by Councilman Trout to accept the withdrawal by the Kreymer Family for Ordinance #2004-36 annexing all of a certain 66.194 acre tract of land out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas. A vote was taken and passed 6-0 with Councilman Worley absent.