Ordinance 2006-54
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20070509000629890 05/09/2007 01 :51 :44 PM OR 1/11
ORDINANCE NO. 2006-54
AN ORDINANCE ANNEXING A CERTAIN 61.26 ACRE TRACT OF
LAND SITUATED IN THE ALLEN ATTERBERRY SURVEY,
ABSTRACT NO. 23, AND A PORTION OF A CALLED 86.6 ACRE
TRACT DESCRIBED TO S.H. HOOD, AS RECORDED IN VOLUME
291, PAGE 167, COLLIN COUNTY DEED RECORDS, COLLIN
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 CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT AND HEREAFfER ADOPTED;
PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS
ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.
2001-48; PROVIDING FOR REPEALING, SA VINGS 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 43.056, 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. 2006-54
Annexation of 61.26 acre tract of Land
Page 1 of9
WHEREAS, the City Council finds that 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 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 all 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 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 confo11llity 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
Two Thousand and 001100 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.
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
Ordinance No. 2006-54
Annexation of 61.26 acre tract of Land
Page 2 of9
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 on this 22nd day of August, 2006.
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Date of publication in The Wvlie News - August 30. 2006
Ordinance No. 2006-54
Annexation of 61.26 acre tract of Land
Page 3 of9
Exhibit "A"
Being a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, and a
portion part of a called 86.6 acre tract described to S.H. Hood, as recorded in Volume 291, Page
167, Collin County Deed Records (C.C.D.R.), and being described by metes and bounds as
follows;
COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Allen
Atterberry Survey, the North line of the D.W. Williams Survey, Abstract No. 980, the Northeast
comer of a tract of land described to Thelma Rice, as recorded in Volume 561, Page 266,
C.C.D.R., the Southeast comer of a tract of land recorded to Tommy & Toni Pulliam, as
recorded in Volume 4590, Page 1895, C.C.D.R., and the West right-of-way line ofF.M. 544 (90'
ROW), as recorded in Volume 568, Page 21, C.C.D.R.;
THENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said Atterberry
Survey and the North line of said Williams Survey, a distance of 648.87 feet to a 5/8 inch
diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said
Pulliam tract;
THENCE North 89 degrees 32 minutes 50 seconds West, continuing along the South line of said
Atterberry Survey and the North line of 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 corner 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;
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 corner of said Twin Lakes Phase V Subdivision, and
the South line of a tract ofland described to Steven Combest, as recorded in Volume 3743, Page
219, C.C.D.R., marking the Northeast corner 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 of land 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
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 & Sheri Little, as recorded in 93-
0080940, C.C.D.R., a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan
Ordinance No. 2006-54
Annexation of 61.26 acre tract of Land
Page 4 of9
tree, being the Northwest comer of a tract of land described to Brent & Beverly Bates, as
recorded in 96-0018275, C.C.D.R., for the North Northeast comer ofthe herein described tract;
THENCE South 02 degrees 39 minutes 12 seconds East, along the west line of said Bates tract, a
distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI- TECH" being
the Southwest comer of said Bates tract and an interior comer of the herein described tract;
THENCE South 89 degrees 27 minutes 31 seconds East, along the south line of Said Bates tract,
a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH" being
the Southeast corner of said Bates tract and on the West right-of-way line of said F.M. 544,
marking the East Northeast comer of the herein described tract;
THENCE South 02 degrees 37 minutes 38 seconds East, along the West right-of-way line of said
F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rod;
THENCE South 04 degrees 02 minutes 47 seconds East, continuing along the West right-of-way
line of said FM. 544, a distance 534.62 feet to a found 5/8 inch diameter iron rod being the
Northeast comer of said Pulliam tract and 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 corner 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. 2006-54
Annexation of 61.26 acre tract of Land
Page 5 of9
Exhibit "B"
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
HOOD TRi\CT
ANNEXATION ORDINANCE NO.: 2006-54
DATE OF ANNEXATION ORDINANCE: Awmst 22. 2006
ACREAGE ANNEXED: 61.26 acres
SURVEY, ABSTRACT & COUNTY: Allen Atterberry Survey, Abstract No. 23,
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
l. 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,
Ordinance No. 2006-54
Annexation of 61.26 acre tract of Land
Page 60f9
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 fire and emergency
ambulance services will be provided to this area as are furnished throughout the
City.
C. ENVIRONMENT AL 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 ofthe
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
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.
Ordinance No. 2006-54
Annexation of 61.26 acre tract of Land
Page 7 of9
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
l. 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
l. 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.
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.
4. Street lighting installed on streets improved to City standards shall be maintained
in accordance with current City policies.
H. WATER SERVICES
l. 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
Ordinance No. 2006-54
Annexation of 61.26 acre tract of Land
Page 80f9
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.
1. SANITARY SEWER SERVICES
l. 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.
J. MISCELLANEOUS
l. 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.
Ordinance No. 2006-54
Annexation of61.26 acre tract of Land
Page 90f9
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Location Map
Proposed Annexation
Filed and Recorded
Official Public Records
Stacey Kemp
Collin County, TEXAS
05/09/2007 01 :51 :44 PM
$56.00 BPETERSON
20070509000629890
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~ ~1\E co~ COMPTROLLER OF PUBLIC ACCOUNTS
€ft)} P.o. BOX 13528
... 1'Ex~s 11- AUSTIN, TX 78711-3528
December 14, 2006
Carole Ehrlich
City Secretary
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Dear Ms. Ehrlich:
We have received annexation ordinance no. 2006-54 and the map indicating the area
to be annexed into the City of Wylie.
The local sales and use tax will become effective April, 1 st, 2007 in the area indicated
on the map.
Per our conversation on Wednesday, December 13th, the area was identified as vacant
land. Therefore, we assume this area has no businesses to be annexed at this time.
We have confirmed the following utility companies as servicing the newly annexed area.
Farmers Electric Cooperative Inc.
Reliant Energy Retail Services LLC
TXU Energy Retail Company LP
Atmos Energy Corporation
CoServ Gas
Com cast of California/Colorado/lllinois/lndiana ( TCI Cablevision of Texas)
If any of this information is incorrect or you have any questions, please contact me right
away. You can contact me toll free at 1-800-531-5441, extension 6-4317 or my direct
number is 512/936-4317.
~:reIY~~6Jv- _
I ~ ''-
" / I
Mark KasPar
Revenue Accounting Division
Tax Allocation Section
. " " .
* C&S Media, Inc.
\![:I)c jfarmcr~lJiUc \![:imc~. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
STATE OF TEXAS q~?
d-~3 /
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
Orninance No. 2006-53, 2006-54, 2006-55
was published in said newspaper on the following dates, to-wit: August 30, 2006
(JJIJI/~
Chad Engbrock, Publisher
0
Subscribed and sworn before me on this, the ._~O day of , 2006
to certify which witness my hand and seal of office.
<j ) ,~
I '. i
.CttL I
,,\t~\"t:t.~ TAMMY BURTON Nota ublic in and for
$"~~<,'" Notary Public, State of Texas
i : : E My Commission ExpIres The State of Texas ZJ
i$",. ..,...
"''';';'l.i''''t~$' february 21,2010 My commission expires L. Z \. 20(
~1Iftt.,,\\
Murphy/Sachse/Wylie Office. 110 N. Ballard' P.O. Box 369. Wylie, TX 75098' 972.442.5515' fax 972-442-4318
Farmersville/Princeton Office' 101 S. Main. P.O. Box 512. Farmersville, TX 75442. CJ72.784-63CJ7. fax 972-782-7023
ORDINANCE
NO. 2006-54
AN ORDINANCE
ANNEXING A CER-
TAIN 61.26 ACRE
TRACT OF LAND SIT-
UATED IN THE
ALLEN ATTERBERRY
SURVEY, ABSTRACT
NO. 2~, AND A POR-
TION OF A CALLED
86.6 ACRE TRACT
DESCRIBED TO S.H.
HOOD, AS RECORD-
ED IN VOLUME 291,
PAGE 167, COLLIN
COUNTY DEED
RECORDS, COLLIN
COUNTY, TEXAS;
PROVIDING .' THAT
THE OWNERS AND
INHABITANTS OF
~ THE ABOVE-
DESCRlBED TRACT
OF LAND SHALL BE
ENTITLED TO THE
RIGHTS AND PRIVI-
LEGES OF OTHER
CITIZENS OF WYLIE
AND BE BOUND BY
THE ACTS AND ORDI-
NANCES NOW IN
EFFECT AND HERE-
AF'TER ADOPTED;
PROVIDING FOR A
PENALTY FOR A VIO-
LATION OF THIS
ORDINANCE AND
COMPREHENSIVE
ZONING ORDINANCE
NO. 2001-48; PROVID-
ING FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THE ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION
OF THE CAPTION
THEREOF.
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