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Ordinance 1996-03 CITY OF WYLIE, TEXAS ORDINANCE NO. q (p - .3 f'. oJ f'. In N 5 5 I t.D Cf'I AN ORDINANCE ANNEXING A 22.4 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. SPARKS SURVEY, ABSTRACT NO. 849, TRACT 21, VOLUME 645, PAGE 470, 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 HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and 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 43.052, 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 ORDINANCE ANNEXING 22.4 ACRES, CfIY 017 WYLIE, COLLIN COUNIY, TEXAS - Page 1 12/06/95/11: 11am \1:mbox8\ wylic\annex\taylor.ord 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 WHEREAS, the City Council finds 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 Council instituted 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 as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to- wit: ORDINANO! ANNEXING 22.4 ACRE.<i, CfIY 017 WYLIE, COLLIN COUNIY, "mXAS - Page 2 12/06/95/11:11am\l:mbox8\wylic\annex\taylor.ord the Property situated in Collin County, Texas, being all of a called 22.4 acre tract of land, more or less, in the M. Sparks Survey, Abstract No. 849, Tract 21, Volume 645, Page 470, Collin County, Texas. Said tract is more particularly described in Exhibit itA" attached hereto and incorporated herein for all purposes. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "Bit 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. 91-24, Chapter 12, Exhibit A, 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. 91-24, Chapter 12, Exhibit A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction ORDINANCE ANNEXING 22.4 ACRPS, CfIY 017 WYLIE, COLLIN COUNIY, 'mXAS - Page 3 12/06/95/11: 11am \1:mbox8\ wylic\anncx\taylor.ord shall be fined a sum not exceeding Two Thousand and 00/100 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. 91-24, Chapter 12, Exhibit A, and any amendments thereto, be declared unconstitutional or invalid by a 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 of Wylie and shall be effective immediately upon its passage and publication. ORDINANCE ANNEXING 22.4 ACRFS, CfIY 011 WYLIE, CULLIN COur~lY, l1!XAS - Page 4 12/06/95/11: 11am \1:mbox8\ wylie \an ncx\ taylor.ord A TIESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: D. KAY WOODS City Attorney 'Qu.3-lJ( 1996 , Wylie News ORDINANCE ANNEXING 22.4 ACRES, CfIY 011 WYLIE, COLLIN COUNlY, TEXAS - Page 5 12/06/95/11: 11am \1: mbox8\ wylie \annex\ taylor.ord EXHIBIT" A" BEING a tract of land situated in Collin County, Texas, State of Texas, and Being out of the Moses Sparks Survey, Abstract No. 849 and being part of two tracts of land, a 148 acre tract of land and a 20 acre tract of land conveyed to J.L. Brand and Maudie R Brand by J.B. Winkler and Leota Winkler by deed as recorded in Volume 352 at page 569 of the Deed Records of Collin County, Texas and being more particularly described as follows: COMMENCING at the Northwest corner on the most Westerly line of said Brand 148 acre tract said commencing point being in the centerline of dirt county road, said point also being the Southwest corner of a tract conveyed to Dr. Paul P. Taylor and wife, La Verne C. Taylor by deed as recorded in Volume 624 at Page 138 of the Deed Records of Collin County, Texas, said point being located approximately 15 feet West of Bois D'arc post, said point being marked by iron stake; THENCE North 89 deg. 57 min. East with the South line of said Dr. Paul Taylor's tract and the North line of said Brand 148 acre tract with fence line and post 1078.19 feet to the Place of Beginning; THENCE South across said Brand 148 acre tract, 1112.45 feet to iron stake set in the North line of Gaylor's 37 acre tract as recorded in Volume 385 at page 33 of the deed records of Collin County, Texas for corner; THENCE North 0 deg. 06 min. West with the West line of said Wood 37.03 acre tract, 26.75 feet to iron stake set on South line of Brand 20 acre tract for corner; THENCE South 89 deg. 50 min. East with South line of said Brand 20 acre tract and the North line of said Wood 37.03 acre tract, said point also being North line of Poles for RE.A. line, 821.80 feet to iron stake for corner; an iron stake bears South 89 deg. 50 min. East, 697 feet to Northeast corner of Woods 37.03 acre tract in the F.W. Gunnells Survey, Abstract No. 351 said iron stake set in fence line; THENCE North 0 deg. 10 min. East with the East line of said Brand 20 acre tract 369.60 feet to iron stake set in fence line for corner; THENCE North 37 deg. 28 min. West with fence line and the North line of Brand's 20 acre tract, 67.97 feet to iron stake for corner; THENCE North 13 deg. 22 min. East with fence line for a distance of 185 feet and continuing a total distance of 683.70 feet to iron stake set on the South line of said Taylor tract and the Northeast corner of said Brand 148 acre tract, said point also being set in fence line for corner; THENCE South 89 deg. 57 min. West with fence line and the North line of Brand's 148 acre tract and the South line of Taylor's Tract, 1189.11 feet to the Place of Beginning and Containing 27.44 acres of land. b EXHIBIT B SERVICE PLAN for the 1995 - FM 544 Corridor Annexations WATER AND WASTEWATER SERVICE The Item Numbers listed below correspond to the attached annexation map. Item No. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hoq~er Business Park, east, approximately 1,000 feet to serve 3 tracts (Wood, Scholz, and . Parker). Item No. 1 Extend water service from an existing 8-inch water main along FM 1378, westward along the north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No. 6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts (Housewright, Hensley, Van Cleeve, Speed, Miller, Bradshaw, Caldwell, and Oliver). Item No. 4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the north approximately 1,400 feet to serve six tracts (Brand (4), Wood, and Taylor). ' Item No. 8 ~ Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two tracts (J.L. Brand and Dorothy Green, and J.L. Brand). Item No. 7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, approximately 700 feet to serve the Swanson tract. Item No. 9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, across the Francis Bates tract and then along the common line of the 34.98 ~ and 32.14 acre J.L. Brand and Dorothy Green Tracts, approximately 3,400 feet to serve eight tracts (Brand (3), Taylor, Wood, Lemmon, and Mannewitz). Item No. 2 Extend water service from the existing 12-inch water main along north side of FM 544 northward following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts (Mannewitz and Lemmon). Item No. 3 ~ Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts (Mannewitz, Housewright, and Housewright). Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Inte~ceptor Sewer east and then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracfs. POUCE AlYD FlRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAINTENANCE OF WATER, SEWERt STREETS. ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOLID WASTE COLLECTION - Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. • ~ DESCRI~ PNO~pER~tY*dE~GI {E Of~COL011~0 R~i1CE IS~I~A~LID ~D UNENFDRCEABLE 4MOER iEDEML UW ~TNE SiATE Oi TEJ(l~ (COUNiY OF CMLIM) I MnM MartMY 1M~ Mk NnMUmrM wN FIlEO M? II~~ Fiie Numhr S~qwnee Ni tlM qIbIY PYOIk MONk~~~~Of~es d~hE?OROEM APR 0 1 1'~96 G~~. ~ Filed for Record in: COLLIN COUNTY TX ~~Q~~~~"~ , HONOkAE~LE HEL~hI 57AF:MES L~ On 1~~~/04/01 CfTY OF WYL.IE At 9: 3~A 2000 HIGHWAY 78N WYLIE,TEXAS~ Numbe•r: 9E,- 0025787 TYPe : Ok 25.00 ~EJ ~ I~~c~-~ ~d - ~ T~IE i~VyLIE NEWS p.0. Box 369 ~i'ylie, Texas 75098 STATE OF TEXA.S COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 forgoing attached CITy UF GIyLI~ - Oxdi.nance~s Na~s. 96-1;96-2;96-3; 96-4; 9G-5; 96-G; 9G-7; 9G-8; 9G-9; 9G-10 96-11; 96-12 7n~,~~n.y 31 , 1996 and ,1996. Chad ngbrock Subscribed and sworn to before me this the day of lccvruah,~ ,1996 to certify which witness my hand and seal of office. .?r Gp'P P~b~~~s M~r1a~ o~~exa 9~ ~P iue~,` ~~~0 ~~92A. r ~,F~ ~z° ~a s'~7~ Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 .4arvinv Wirlvnwnkv LVvlia .Cin~o 1Q~17 CITY OF WYLIE, TEXAS ORDINANCE NO. 96-3 AN ORDINANCE ANNEXING A 22.4 ACRE TRACT OF LAND, MORE OR LESS, SITUATED TN THE M. SPARKS SURVEY, ABSTRACT NO. 849, TRACT 21, VOLUME 645, PAGE 470, COLLIN COUNTY, TEXAS; PRO- VIDING THAT THE OWNERS AI~D INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO TI-~ RIGHTS AND PRNILEGES ~F O'THER CITIZENS OF WYLIE AND BE BOUND BY T'HE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAP- TER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDI- NANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABII.ITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAP- TION HEREOF. 35-1 t-c. THE WYLIE ~~S P.O. Box 369 Wylie, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 forgoing attached rTrSl r~~ r,1Vl 7~ - r)trr~,i v~~rv~~ o Na 9- Febnucvi.y 7 , 1996 and ,1996. 1 ~ Ch ngbrock Subscribed and sworn to before me this the ~ day of ,1996 to certify which witness my hand and seal of office. ~~y } MAR~Aa p~~~ ~~~5 .:•a~'~'u"e~ Nota~`1 t.~~Xas or c+ $t2.~8 ~ Zq.¢"' 1' Exp• ~g. ~ ~ ~ f ~ MY ~Omm~ rT~'*.--.1~ ~ • .ty~o~ Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 pRDINANCE NO. 96-3 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMEND- ING THE ZONING CLA5SIF~- CATIQN OF LOT 1, BLOCK 36 OF THE RA~ILROAD ADDI- TIUN, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY L~AT- ED AT 3A0 E. MARBLE, FROM ~~SF-3" SINGI.E FAMILY TO '°B-2" .BUSINE5S-2 DISTRICT; AMENDTNG THE ZONING DIS- TRICT MAP (ORDINANCE91- 12, ORD~NANCE 91-13); AND REPEALING ALL GONFLICT- ING ORDINANGES; CONTAIN- ING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 36- l t-c.