Ordinance 1996-05
CITY OF WYLIE, TEXAS
ORDINANCE NO. 90 - 6
AN ORDINANCE ANNEXING A 28.81 ACRE TRACT OF LAND,
MORE OR LESS, SITUATED IN THE M. SPARKS SURVEY,
ABSTRACT NO. 849, TRACT 17, VOLUME 2165, PAGE 795, 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
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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:
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the Property situated in Collin County, Texas, being all of a called 28.81
acre tract of land, more or less, in the M. Sparks Survey, Abstract No. 849,
Tract 17, Volume 2165, Page 795, Collin County, Texas. Said tract is more
particularly described in Exhibit "A" attached hereto and incorporated
herein for all purposes.
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. 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
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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.
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ATTESTED TO AND
CORRECTLY. RECORDED BY:
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City Secretary li
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DATE OF pu~tfe*~V(i)N;:"" .J.
APPROVED AS TO FORM:
D. KAY WOODS
City Attorney
36, ICjC;~
,
, Wylie News
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EXHIBIT "A"
BEING in Collin County, Texas in the Moses Sparks Survey, Abstract No. 849, and being the
same tract of land conveyed to J.M. Mannewitz by deed recorded in Volume 2003, Page 711, Deed
Records, Collin County, Texas;
BEGINNING at a 1/2 inch iron rod set for the Southwest corner of said 28.81 acre tract, same
being the Northwest corner of a 27.452 acre tract conveyed to J.M. Mannewitz by deed recorded in
Volume 2165, Page 795, Deed Records, Collin County, Texas;
THENCE, North 01 degrees 23 minutes 10 seconds West along the East line of a 41.879 acre
tract of land conveyed to Murphy L TO Partnership by deed recorded in Volume 881, page 806, Deed
Records, Collin County, Texas, a distance of 196.50 feet to a 1/2 inch iron rod found for corner;
THENCE, South 88 degrees 45 minutes 00 seconds East along the Southerly line of a 94.11
acre tract of land conveyed to William E. Campbell, Jr. by deed recorded in Volume 872, Page 153,
Deed Records, Collin County, Texas, a distance of 99.0 feet to a 1/2 inch iron rod set for corner;
THENCE, North 00 degrees 15 minutes 00 seconds West along the East line of said 94.11
acre tract, a distance of 395.18 feet to a 1/2 inch iron rod set for the Southwest corner of a 30 acre
tract conveyed to Ronnie Joe Housewright by deed recorded in Volume 2324, Page 194, Deed
Records, Collin County, Texas;
THENCE, North 89 degrees 45 minutes 00 seconds East along the South line of said 30 acre
tract, a distance of 1386.82 feet to a 1/2 inch iron rod set 4/0 feet North of a blazed twelve inch cedar
elm;
THENCE, North 89 degrees 15 minutes 00 seconds East, continuing along the South line of
said 30 acre tract, a distance of 582.50 feet to a point for corner in Muddy Creek Reservoir, being
the most Westerly Northwest corner of Lot 8 of Lake Ranch, an Addition to the City of Wylie, Collin
County, Texas, according to the plat thereof, recorded in Cabinet C. Slide 193 Map Records, Collin
County, Texas;
THENCE, South, along the West line of Lot 8 and Lot 7 of said Addition, a distance of 477.20
feet to a point inundated for the Southwest corner of said Lot 7;
THENCE, East, along the South line of said Lot 7, a distance of 526.76 feet to a point
inundated for the Southwest corner of aforementioned called 28.81 acre tract, being on the North
line of a tract of land conveyed to J.L. Brand, Jr., by deed recorded in Volume 757, Page 242, Deed
Records, Collin County, Texas;
THENCE, North 89 degrees 40 minutes 46 seconds East, along the North line of said Brand
Tract, and the North line of a 27.44 acre tract conveyed to Paul Taylor by deed recorded in Volume
624, Page 138, Deed Records, Collin County, Texas, at a distance of 184.03 feet to a 1/2 inch iron
~
rod set at water's edge and in all, a distance of 1510.32 feet to a 1/2 inch iron rod found for the
Northwest corner of said 27.44 acre tract and the Northeast corner of aforementioned 27.452 acre
tract;
THENCE, South 89 degrees 58 minutes 12 seconds West, along the North line of said 27.452
acre tract, a distance of 1078.19 feet to the Point of Beginning and Containing 28.5675 acres of land.
7
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 Hoqoer
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.
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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 fran 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 tracts.
POUCE AND FIRE PROTECTION
The City will expand police and fire protection services as needed to meet changing requirements.
MAl1VTENANCE OF WATER, SEWER, STREETS, ETC.
The City will own and maintain all facilities constructed, dedicated, and accepted for public use.
SOL1D WASTE COLLECTION _
Provision of service to new customers is covered by the franchise agreement with the service
provider. Service will be expanded as needed.
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Filed for F.eco•rd in:
COLLIN COUNTY TX
HONORAI~~E HEL~N 5TAkNES
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CITY OF WY[.1E At 9: 3E,A
2000HIGHWAY78N j~ ~~imber: 9E,- 002578'3
IE, TEXAS 7 09$ / Ty pe : Ok
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T~E i~VyLIE NEWS p.0. Box 369 ~Vylie, Texas 75098
STATE OF TEXAS
COUNT~' 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 OF G/yL1~ - Oncli.nanc~s N~~s. 96-1;9G-2;96-3; 96-4; 9G-5; 96-G; 96-7; 96-8; 9G-9; 96-10
9G-11; 9G-12
T~ ~„~h.y 3 l , 1996 and ,1996.
Chad ngbrock
Subscribed and sworn to before me this the ~ t day of 1a~uatr ~ ,1996
to certify which witness my hand and seal of office.
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~f Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
.Sarvinv Wi~enwnko Wvliv ,Cin~o 19Q7
CITY OF WYLIE, TEXAS
ORDINANCE NO. 96-5
AN ORDINANCE ANNEXING A
28.81 ACRE TRACT DF LAND,
MORE OR LESS, SITUATED IN
THE M. SPARKS SURVEY,
ABSTRAC"T NO. 849, TRACT 17,
VOLUME 2165, PAGE 795,
COLLIN COLJNTY, TEXAS; PRO-
VIDING THAT THE OWNERS
AND INHABITANTS OF THE
ABOVE-DESCRiBED TRACT OF
LAND SHALL BE ENTITLED TO
THE RIGHTS AND PRNILEGES
OF QTF~R CITIZENS OF WYLIE
AND BE BOUND BY THE ACTS
AND ORDINANCES NOW IN
EFFECT AND HEREINAF'TER
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.TTY CLALTSES; PRO-
VIDING FOR •AN ~k'FE'CTIVE :
DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE
PUBLICATION OF THE CAP-
TION HEREOF.
35- l t-c.