Ordinance 1992-12
ORDINANCE NO.
?02-/~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISABNEXING LOT 14
OF R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS, AND
CONTRACTING THE CORPORATE BOUNDARIES OF THB CITY OF WYLIE
ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the city annexed, on an involuntary basis, the
following described property, to wit:
Lot 14 of R.D. Newman Survey, Abstract 660, Collin County,
Texas (herein referred to as the subject property)
on or about the 13th day of May, 1986 by virtue of Ordinance No 86-
50, which was duly passed and adopted on said date; and,
WHEREAS, the SUbject property has remained in the city from
and after its annexation thereto, but the City has failed to
provide municipal water and sewer services to the subject property
in the six and one half years following its annexation and such
property continues to be without such service as of this date; and,
WHEREAS, the owners of the subject property have file a valid
petition with the City Secretary requesting disannexation of the
subject property from the City on the basis of the City's having
failed to provide water and sewer services as aforesaid; and,
WHEREAS, whereas all requisites relative to consideration and
granting of such request appear to have been complied with by the
owners, specifically including without limitation publication of
notice of such petition on the subject property and in the official
City Newspaper, all as required by Section 43.141 of the Texas
Local Government Code (LGC)iand,
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF WYLIE, TEXAS, as follows:
SECTION I
That the subject property, as hereinabove described, and
designated on the plat map attached hereto as Exhibit A, should be
and the same hereby is disannexed from the corporate limits of the
City of Wylie, and the City'S boundaries are contracted
accordingly.
SECTION II
It is the intent of this ordinance to disannex all the
aforesaid Lot 14 and in the event that said Lot 14 has different
dimensions this date than when annexed this Ordinance shall be
effective as to that property currently described as Lot 14.
/
o
o
111
o
t.n
o
o
I
(lJ
t.n
ORDINANCE NO.
't ~\ ).
PAGE TWO
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase
or section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid the same shall not affect the
validi ty of this ordinance as a whole or any part or provision
thereof, other than the part or parts as declared to be invalid,
illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and
after its adoption by the City Council and publication of its
caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code prov1s1ons in conflict
herewith are hereby repealed to the extent of any such conflict or
consistency, the above referenced Ordinances No. 86-50 and the
territory annexed thereby shall be unaffected by the provisiOhS
hereof except as to the subject property herein described.
DULY PASSED AND APPROVED by the City Council of the City of
Wylie, Texas, this 13th day of October, 1992.
~
~ ~ A-84t ~
r •
/ ~ A-287 (
i
3 4 I
~ Sod~ 8 Re.~~ise~! 9-9 8
' , 6 crrr ~.rrri
~C~ba.6~1 t . iSdp- 8~6 Y 9 ~ ~0 $ ~Jcc..~ ~t ,3
i2 .5'`e Ac, 14 ~
1 z ~ .~..1: flc.
A
r
_ , ~ ~ ~ ~
~ ~ ~ ti v
. r. s w c a ! OLEN K I
• p12 a g ~ o~ ~ MOBIL HOME PARK CRY ~ WYLIE
q V /1i ~.]ei ~•t •..,,~,i• . ~ f1 ~1
~ ~ 38.76 AC
~ ~ y
~ • r
pP~~..4 : ; : ~ o z~~ C:. ~
~`~Q? o~s~ ~i ~QiMr~~ ~ ~
' n 1986
F• 1~
y'g.j.• 3~ :v, •;5
C... ~ 6 ~ ~
~ ~ J _ ~8 ~
~ ~.:1 . rn,
C~, ~L... ~ k
- - - =j - ~ - - - - - - -
KITTNER ~ GEORGE LEWIS INC. ~
'9.61 AC t ; ~'t . . 44 AC ~ •
~ ' I _ OEORQE LEWIS INC. ~
I1L KITT~VEF~ ' ~ ~ 98.034 AC A-
86.197~,AC G~{flR~E~=LEWIS INC. OEOROE LEW13 INC.
~ ; 5~ ~AC
~ , ~ 99.64 AC
- -
y , p Z \
~ ~a ( ~ ~ ~ , . '
, j
' ~ 4 '
ti n
:f `
• - `
. ~ ~ ; ~ .
t . ~ /
k - ~ _ ~ ^ ' •
~
~ ~ ~
/I / / n I , _ i.. / • ' 1 ! ,
Alry pROVISiON NEREIN MA11CH RES71tIC73 THE SALE. RENTIIL. OR USE
OF THE DESCRIBEO REAL PROPERTY BECAUSE OF COLOR OR R11CE IS
INYALID AND UMENFORCEABLE UNDER FEDERAI !AW
THE STATE OF TEXASt
COUNTY Of COLLIN , f
I heteEy eer6~ll th~t tha instrume~ wu FILED n tpe Flle Iluiober Seqwuol
on tlie Q~Oe.md the time samped hxeon b!r °~n:~ ~6
Com~tf+~"
T~ex~D a
in tlk 011'~cai Pnhlie R~cordt d RMI P[o0~d ,
_ pt , 2 ~9g2 - F -
` ~,;?u.~ _ ~
~
~u~iN co~ ~x~s Fi led for Record in:
COLL_IN I~UNTY, TX
~On 1992/12l23
• pt 9:59A
. _ . Type r e OR- 00~5~
_ ~
PETITION FOR DISANNEXATION
COMES NOW David Mark Lott and Glenda Faye Lott and for
their petition for disannexation from the City of Wylie allege and
state as follows:
1. That the petitioners residence and address is 2501 S. Hwy
78, in the City of Wylie, Collin County, Texas 75098.
2. That these petitioners are qualified voters of the 56th
Precinct in the City of Wylie, Collin County, Texas, whose voter
registration numbers are indicated below opposite their signatures.
3. That these petitioners constitute all of the residents and
property owners within the area hereinafter described.
4. That these petitioners request disannexation of the
following described real estate, to wit:
Lot 14 (as the same now exits) of R.D. Newman Survey,
Abstract 660, Collin County, Texas (herein referred to
as the subject tract)
from the City, pursuant to Section 43.141 of the Texas Local
Government Code.
5. The Petitioners submit herewith, as Exhibit A, and
incorporate herein by reference, a copy of the plat of the subject
tract.
6. That the subject tract was involuntarily annexed into the
City of Wylie (City) on or about the 13th day of May, 1986 by
Ordinance No. 86-50.
7. That the City has failed or refused to provide, or cause to
be provided, water and sanitary sewer services to the subject
tract in the period following such annexation, nor have actions to
provide such services been commenced as of the date of this
petition.
8. That by reason of such failure to provide the aforesaid
municipal services the Petitioners have a right under the above
referenced section of the Texas Local Government Code to request
disannexation and have the same granted by the Governing Body of
the City.
9. That petitioners have given all required notices and attach
hereto as Exhibits Band C, respectively, the Affidavit concerning
posting and the Affidavit concerning publishing.
PETITION FOR DISANNEXATION
PAGE TWO
WHEREFORE, the Petitioners respectfully request the governing
body of the City of Wylie to disannex the subject tract from the
City according to law.
Byf)~$~~
David Mark Lott
Voter Registration No.176l50
BY~~~~
Glenda Faye Lott
Voter Registration No.18l334
VERIFICATION
The undersigned David r-lark Lott and Glenda Faye Lott, both
being of lawful age and each being duly sworn, on their respective
oaths allege and state as follows:
That they are the Petitioners above named, that they have read
and are personally familiar with the statements made in the above
and foregoing Petition and that all statements are true and correct
to the best of their knowledge and belief. ~ ~
D~ )/l~ D'oJ.J~
David Mark Lott
~~~
Glenda Faye Lott
SUBSCRIBEDb AND SWORN TO before me
public this ~day of September, 1992.
the
unde rs igned notary
~~~.
Notary Public ~
t'6'so-n "dX3 'WWOO
(S tAL fex8IlO 8+e+s
~(18nd AtJV ION
SNI1100 V1INV
.........~
~~y~<~~~o '*"'1-
"'..~~
Jf.{. I Jf.l
').:-, (!J
/~,;-... <4"o~
d A\!J
,.....