Ordinance 1996-09
CITY OF WYLIE, TEXAS
ORDINANCE NO. 96- 9
AN ORDINANCE ANNEXING A 10.95 ACRES OUT OF 67.6 ACRE
TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. SPARKS
SURVEY, ABSTRACT NO. 849, TRACT 19, VOLUME 1376, PAGE 94-96,
IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 15,
VOLUME 1376, PAGE 95-96, IN THE G. W. GUNNELL SURVEY,
ABSTRACT NO. 351, TRACT 15, VOLUME 757, PAGE 242, 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
ORDINANCE ANNEXING 10.95 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 1
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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
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:
ORDINANCE ANNEXING 10.95 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 2
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the Property situated in Collin County, Texas, being all of a called 10.95 acre
tract of land, more or less, in the M. Sparks Survey, Abstract No. 849, Tract
19, Volume _, Page _, 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
ORDINANCE ANNEXING 10.95 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 3
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amendments 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 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.
PASSED AND APPRO~~T.Y COUNCIL OF THE CITY OF WYLIE,
TEXAS on this ~ day of 199~
~W/
JIMSW
ORDINANCE ANNEXING 10.95 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 4
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ATTESTED TO AND .' ....""I'Yl"r....
CORRECTLY RECQ~DE6'BY;"'" . APPROVED AS TO FORM:
s~it~tJ
City Secretary \..,
-,
"~:";;';;~!/1'" i. ; .:
DATE OF PUBLICATION:"""""~' 301 tif0.
",
....
D. KAY WOODS
City Attorney
, Wylie News
ORDINANCE ANNEXING 10.95 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 5
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EXHIBIT "A"
Being a tract of land lying and being situated in Collin County, Texas, being out of the
Moses Sparks Survey, Abstract No. 849 and the G.W. Gunnell Survey, Abstract No. 351,
and being a part of two tracts of land as conveyed by J.B. Winkler and Leota Winkler to
J.L. Brand and Maudie R. Brand by deed recorded in Vol. 352, page 569 of the Collin
County Deed Records, and being more particularly described by metes and bounds as
follows:
'BEGINNING at a point for corner in the East line of said Gunnell Survey, a distance of
1220.24 feet from the Southeast corner of same;
THENCE North along the East line of said Gunnell Survey, 1638.88 feet to a point for
corner in same;
THENCE Westerly 1550.0 feet to a point for corner in the common line of said Gunnell
Survey and the M. Sparks Survey, Abst. No. 849;
THENCE SOUTH along said common line, 206.58 feet to a point for corner in same;
THENCE WEST 372.7 feet to a point for corner;
THENCE S 13022'W, 683.7 feet to a point for corner;
THENCE S 37028'E, 67.97 feet to a point for corner;
THENCE S Oo10'W, 369.6 feet to a point for corner in the North line of B.C. Wood 37.03
acre tract as recorded in Vol. 332 at Page 137 of the Collin County Deed Records;
THENCE EAST along the North line of said Wood tract, 720.62 feet to its Northeast
corner;
THENCE SOUTH, along the east line of said Wood tract, 446.26 feet to a point for corner
in same;
THENCE EAST, 1295.58 feet to the Place of Beginning and Containing 70 acres of land,
more or less.
o
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 wafer 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).
' ttem 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 existin d
then along he common I ne of the 34 98
westward, across the Francis Bates tract an roximately 3,400 feet to serve
and 32.14 acre J.L. Brana lo a Wood, Lemmon, andSM nn ewitz).
eight tracts (Brand (3), T y ,
Item No. 2
Extend water service f rom the existing 12-inch wat {he aeastward, pprox m tely,2,400
northward fol{owing Mar~annewitz and Lemmon)
feet to serve two tracts (
~Item No. 3 osed water main (Item No. 8 of this plan) northward,
~ Extend water service from the prop roximately 2,000 feet to serve three
along the west line of the Mannewitz tracts, app
tracts (Mannewitz, Housewright, and Housewright).
Item No. 11 30-inch Muddy Creek Inte~eptor Sewer
Extend wastewater service from the existing to Mudd Creek, approximately 2,900
east and then north~ee 17 5yand 37.96eac euCa lson tracts.
feet to serve both t
POUCE AND FIRE PROTECTION
Ci will expand police and fire protection services as needed to meet changing requirements.
The ty
MAINTENANCE OF WATER SEWER STREETS ETC.
e Ci will own and maintain all facilities constructed, dedicated, and accepted for public use.
Th tY . .
SOL1D WASTE COLLECTION ~
ovision of service to new customers is covered by the franchise agreement with the service
Pr
provider. Service will be expanded as needed.
~
ANYiIIdVlSIOk I~YrlIICH RESTRICIS fHE SALE. REIRAl.011113f OF 1XE
DESIMIYED RE,IL PROPERTY AE£AUSE Oi COLOR OR RA(~ IS INVAUO AMD
lU~I~NFOqCEABtF UI{OER FEDEMI LAW
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F'iled for Record in:
~ COLLIN COUNTY TX
~~r~~ ~ HONORAE~LE HEL~kN 5TAF:NE5
' On 1`39E/04/01
CITY OF WYLJE At : 3~A
2000 HIGHWAY 78N
VYYLIE,TEXAS 75098 ~ Numbe•r: 9~- 0025793
n , , Type : OF 25.00
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T~IIE i~YLIE NEWS p.0. Box 369 ~Vylie, 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
CITy U~ G1YLI~ - ~ndi.nance~ Na~S. 96-1;96-2;96-3; 96-4; 9G-5; 96-6; 9G-7; 96-8; 9G-9; 96-10
9G-11; 9G-12
Tnnnnh.~ 31 ~ 1996 and ,1996.
Chad ngbrock
Subscribed and sworn to before me this the 3~ day of 1a~uah~ ,1996
to certify which witness my hand and seal of office.
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~'~7~ Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
.Servinv WirlanwnTro Wvliv .Cin~v lOQ7
CITY OF WYLIE, TEXAS
ORDINANCE NO. 96-9
AN ORDINANCE ANNEXING A
10.95 ACRES OUT OF 67.6 ACRE
TRACT OF LAND, MORE OR
LESS, S~TUATED IN THE M. ~
SPARKS SURVEY, ABSTRACT
NO. 849, TRACT 19, VOLUME
1376, PAGE 94-96, IN THE G. W.
GUNNELL SURVEY, AB-.
STRACT NO. 351, TRACT 15,
VOLUME 1376, PAGE 95-96, IN
THE G. W. GUNNELL SURVEY,
ABSTRACT NO. 351, TRACT 15,
VOLUME 757, PAGE 242,
COLLIN COUNTY, TEXAS; PRO-
VIDING THAT THE OWNERS
AND INHABITANTS OF THE
ABDVE-DESCRIBED TRACT OF
LAND SHALL BE ENTITLED TO
THE RIGHTS AND PRNILEGES
OF OTF~R 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, CHAP-
TER 12, EXHIBTT "A" OF
WYLIE'S CODE OF ORDI-
NANCES; PROVIDING FOR
REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PRO-
VIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE
PUBLICATION OF THE CAP-
TfQN HEREOF.
35-1 t-c