Ordinance 1996-32 CITI( OF WYLIE, TEXAS ORDINANCE NO. �� �`
AN ORDINANCE ANNEXING A 47.21 ACRE TRACT OF LAND, MORE
OR LESS, SITUATED IN THE RICHARD NEWMAN SURVEY,
ABSTRACT NO. 1072, DALLAS 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 AIYiVEXING 47.21 ACRES, CITY OF WYLIE, DALLAS COUNTY, TEXAS - Page 1
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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:
ORDINANCE ANNEXING 47.21 ACRES, CITY OF WYLIE, DALLAS COUNTY, 1'EXAS - Page 2
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fhe Property situated in Dallas County, Texas, being all of a called 47.21
acre tract of land, more or less, in the Richard Newman Survey, Abstract
No. 1072, Dallas 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
ORDINANCE ANNEXING 47.21 ACRES, CITY OF WYLIE, DALLAS COiJNTY, TEXAS - Page 3
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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 r�pealed 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 APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 24th day of September, 1996.
/ ,,/
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�, � JIM SWARTZ, M or
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ORDINANCE ANNEXING 47.21 ACRES, CITY OF WYLIE, DALLAS COUNTY, 1'EXAS - Page 4
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ATTESTED TO AND
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DATE OF PUBLICATION: , Wylie News
ORDINANCE ANNEXING 47.21 ACRES, CITY OF WI'LIE, DALLAS COi7NTY, TEXAS - Page 5
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EXHIBIT A
PBSJ �J1JOB\9513100�1G V1 N N EX. LG L
LEGAL DESCRtPTtON
47.2'I ACRES
BEIPIG a tract of {and out of the RICHARD NEWMAN SURVEY, Abstract No. 1072 in Dallas County, Texas and beinp part
of a 411 acre tract of larxi described in deed to C.J. Thomsen, recorded in Volume 78045, Paee 4135 of the Deed Records
of Dallas County, Texas and being more particulariy described as follows:
BEGINNlNG at a poirrt for the intersection of the northeast right-of-way line of Sachse Road 1100' ROW at this point) and
the north line of Dallas County, from which the southeast comer of the beforementioned 411 acre tract of land bears North
45°02'46" East, 514.38 feet;
THENCE with said northeast right-of-way line, the folfowing courses and distances to wit:
South 45°02'46" West, a distance of 54.33 feet to a 112" iron rod found for corner;
•tJorth 87°55'14" West, a distance of 27.68 ta a 5/8" iron rod found with a yellow plastic cap stamped "NELSON
CORP" (hereinafter called 5/8" iron rod found);
South 45°31'03" West, a distance of 338.72 feet to a 5/8" iron rod found for corner;
South 46° 13'42" West, a distance of 1230.10 feet to a 3/8" iron rod found for the beginning of a tangent curve
to the right, having a central angle of 14°47'00', a radius of 666.34 feet and a chord bearing and�distance of
South 53°44'12' West, 171.45 feet;
Southwesterly, with said curve, an arc distanee of 171.93 feet to a 5/8" iron rod found for corner;
South 61 °07'42" West, a distance of 0.80 feet to a 5/8" iron rad found for the beginning of a tangent curve to
the left, having a central angle of 14°21'58", a radius of 653.29 feet and a chord bearing and distance of South
53°56'43" West, 163.38 feet;
Southwesterfy, with said curve, an arc distance of 163.80 feet to a point in the center of a the main tributary of
Muddy Creek;
THENCE leaving the northeast right-of-way line of Sachse Road and with said center of Muddy Creek, the following courses
and distances to wit:
North 28°20'14" West, a distance of 54.80 feet to a point for corner;
North 11 °39'46" East, a distance of 155.00 feet to a point for corner;
North 76°35'14" West, a distance of 49.00 feet to a point for corner;
South 41 °09'46" West, a distance of 131.00 feet to a point for comer;
North 46°35'14" West, a distance of 191.00 feet to a point for corner;
North 31 °39'46" East, a distance of 215.00 feet to a point for corner,
North 08°02'14" West, a distance of 296.04 feet to a point for comer;
North 22°39'46" East, a distance of 160.00 feet to a point for corner;
North 16°39'46" East, a distance of 210.00 feet to a poirrt for comer;
North 43°09'46" East, a distance of 290.00 feet to a point for carner;
North 03°20' 14" West, a distance of 210.00 feet to a point for comer;
North 52°39'46" East, a distance of 240.00 feet to a point for comer;
North 13°39'46" East, a distance of 140.00 feet to a point for corner;
North 01 °39'46" East, a distance of 139.00 feet to a point for corner;
North 47°54'46" East, a distance of 35.12 feet to a point in the nonh line of Dallas County;
THENCE with the said north line of Dallas County, South 89°29'42" East, a distance of 1724.17 feet to the POINT OF
BEGINNING and containing 47.21 acres of land.
Bearing system based on the bearinA of North 53°04'39" East between the Texas Department of Transportation
Monumer►ts No. 31 and No. 33 of the horizonal control for the improvements to State Hiehway No. 78, based on the North
Central Zone of the Texas State Plane Coordinate System.
June 27, 1 eHe 1:1 s
EXHIBIT B �
C(Tl( OF VYYLIE, TEXAS
SERVICE PLAIV FOR ANNEXED AREA
aNrvEXATIQN �RDlNANCE NO.:
17ATE OF ANNEXATION QRDINANCE:
ACREAGE ANNEXED: ACRES
SURVEY, ABSTRACT & C�UNTY:
Municipa! Services to the acreage describe above shatl be fumished by or on
behaif of the City of Wylie, 7exas, at the following levels and in accordance with the
following schedule:
A. P�LICE $ERVICE
� � Patroliing, responses to calfs and other routine police services, within the
Iimits of existing personnel and equipment and in a manner consistent with any of the
methods of the City ot Wyli�, Texas, extends police service to any other a�ea of the
municipality, will be provide� within sixty {64) days di the efifecfive date of the
annexatian ordinance_
2. As development construction commence in this area, sufficient police
persr�nnef and equipment will be provided to furnish this area ihe m�ximum )evel of
po(ice services c4nsistent with the characteristics of tapography, land utilization and
population density within the area as determined by the city Council within two (2)
years from the effective date af the annExation ordinance, or upon commencement o�
deveiopment within the area, whichever accurs later_
3. Upon uttimate developmenf of the area, the same levei of police services
will be provided to this area as are fumished throughout the City.
B. FIRE SERVlCES
1. Fire protection antl emergency ambui�nce equipment by the present
personnel and the present equipment ofi the Fire Department, within the limitations of
availabie wa#er and distances from existing fire stations, and in a manner consistent
with any af the methods of the Ci#y of Wy1ie, Texas, extends fire service to any o#her
Page 1 `
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area of ff�e municipality, wifl b� provided to this area within sixty (6D) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient fire
and emergency ambulance equipment wiil be provided to furnish this area #he
maximum �evel of police services consistent with the characteristics c�f topography, tand
utilizatian and popt�lation density within fhe area as determined by the City Council
within two (2) years from the effective date of the ar�nexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3, Upon u[timate deve{opment of the area, the same levei of �re and
emergency ambuiance services will be provided to this area as are furnished
throughout the City.
C.� �� ENVIRQf�lMENTAL HEALTH AND CUDE EN� fJR�EMENT 5ERVICES
1. Enforcement vf t�e City's environmen#al health ordinances and
regulations, including but not limited to, weed and brush ordinances, junked and
abandoned vehicle ordinances and animal controf or�iinances, sha11 be pravided within
this area sixty (60) days of the effective date of the annexation o�dinance. These
ordinances and regulations wilf be enforced through the use of existing personnef_
Complaints of ordinance or regulation violations within fhis area will be
answered and investiga#ed within sixty (60} days of the effective date of the �nnexation
ordinance.
2. Inspection services, including the review vf building plan$, the issuance of
permits and the inspection of alI buifdings, plumbing, mechanical and electrical work to
ensure compliance with City codes and ordinances wilf be provided within sixty (60)
days of t�e effective date of the annexation ordinance. Existing personnel wiEl be used
to provide these services.
3. The City's zoning, subdivision, sign and other ordinances shall be
enforced in thi� area beginning within sixty (60} days of the effective date of the �
annexation ordinance.
4. Ali inspection services furnished by the City of Wylie, but not mentioned
above, will be provided to this area beginning within sixty t60) days of the effective date
of the annexed ordinance.
5. As develdpment and canstru�tion comm�nce in this area, sufficient
personnel wil! be provided to fumish #his area the same levet of En�ironmenta( Hea{th
and �od� Ersforcem�nt Senrices as are fumished throughout the C�ty_
P�ge 2 `
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D. PLANNIfdG AND ZONtNG SERVICES
Th� planning and zoning jurisdiction c�f the City will extend to this aeea within
sixty (60) days of #he effective date of the annexation ordinance_ City planning wii!
thereafter encompass this property, and it shall be en#itled to consideration for zoning
in accordance with the City's Compreh�nsive Zoning Ordinance and Comprehensive
Plan.
E. PARK ANb RECREAT1pN SERVICES
1. Residents of this properky may utilize alI existing park and recreational
senrices, facilities and sites throughout the City, beginning �rithin sixty (60} days of the
effecEive date of the annexation ordinance.
� .2_ Additianal facilities and sites to serve this property and its residents wifl
be acquired, developed and maintained at locatians and times provided by appiicable
plans, policies and programs �nd decisions of the City of Wylie. This prope►ty will be
included in all plans iar providing parks and recreation services to the City_
3_ Existing parks, p(aygrounds, swimming pools and other recreational
facilities within this properfy shall, upon dedication tq and acceptance by the City, be
maintained and operated by the City af Wylie, but not otherwise.
F. SOLtD VItASTE COLLECTION
1. �o(id wa$te collection shai[ be provided ta the proper#y in accordance with
existing City poticies, beginning within sixty (60) days of the effective date af the
annexation ordinance. Residents o� this property utilizing private callection services at
ths time of annexation shall continue to do so until it becomes feasible because of
increased density of population to serve the property municipally. Commerciat refuse
callection senrices witl be provided to any business located in the annexed area at the
same price as presently provided for ar�y business customer within the City of Wylie,
upon request.
2. As development and construction commence in this property and
population density increases to the property [evel, solid waste co)lection shall be
provided to this p�operty in accordance with the current policies of the City as ta
frequency, changes and so forth.
3. Solid waste collec#ion shall begin within sixty (60) days Qf the effective
date of the annexatian ordinancE.
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G. STREETS
1. The City of Wyfie's existing policies with regard to street main#enance,
applicab[e throughout the entire City, shall appfy to this property beginning within sixty
(6Q} days of the effective rlat� of the annexation ordinance_ Unless a street within this
property has been cor�structed or is improved to the City's skandards and
specifications, that street will not be maintained by #he City of Wylie.
2. As developmant, improvement or construction of streets to City standards
commences within this property, the poEicies of the City of Wylie with regard to
participation in #he costs thereof, a�ceptance upon completion and maintenance after
comple#ior�, shall apply.
. 3. The s�me level of maintenance shall be provided to streets within this
property which have been accepted by the City of Wylie as is prQVided to City streets
thro�ghout the City_
4_ Street lighting instal(ed on streets improved to City standards shall be
maintained by either TU Elec#ric or CoIlin County Co-Op in accordance with current
Ci#y palicies.
H. WATER SEF�1/10ES
1_ Connection to existing City water mains for w�ter servECe for domestic,
commercial and industrial use within this properEy will be pravided in accordar�ce with
existing City pvlicies. Upon connection to existing mains, water will be provide� at
tates established by City ordinances for such servics throughout the City_
2. As development and construction commence in this property, water mains
of the City will be e�ctende� in accardance with provisions of the Subdivision Ordinance
and other applicable ordinances and regulations. City par�icipation in the �osts of
these extensions shaEl 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 annexati�n ordinance and substantially completed with four and one-half
(�'/z) years after that date.
3. Water mains installed or improved to City standards which are within ttte
annexed area and are within dedicated easements shall be maintained by the City Qf
Wylie beginning within sixty (60) days of the effective date of the annexation ardinance.
4. Private water lines within this property sha1l be maint�ined by #heir
owners in accordance with existing policies appiicable throughout the City.
Page 4 `
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I. SANITARY $EWER SERVI�ES
1. Connectians to existing C�#y sanitary s�wer mains for sanitary sewage
service in this area wi!! be provided in accordance with existing City po(icies_ Upon
connection, s�nitary sewage senric.� wil( be provided at rates estab)ished by City
ordnances for such service throughout the City.
2. Sanitary sewage� mains andlor tift stations installed or improved to City
sfandards, focated in dedicated easements, and which are within the annexed area and
are connected to City mains will be maintair�ed by the Crty of Wylie beginning within
sixfy (fi0} days of the effective date of th� annexation ordinance.
3. As develapment and construction commence in this area, sanitary sewer
mains of the City wil! be extended in accordance with pravisions af the Subdivisian
Qrciinance and other applic.�ble City ordinances and regul�tions. Such extensions wilt
be commenced within fwo (2) years from the effective date of the annexation ordinance
and substantial(y compfeted within faur and one-hatf (4�) years after that date.
J. MtSC�LLANE0U5
1- Any facility or bui{ding loc�ted rvithin the annexed area and utilized by the
City of Wylie in providing services to the area wi{1 be maintained by the City
commencing upon the date of use or wi#hin sixty (6D} days of the effec#ive date of the
annexation ordinance, whichever occurs later.
2. General municipal administration and administrative services of the City
shal! be avaifable to the annex�d area beginning within slxty (60) days of the effective
date of the annexation ordinance_
f'age 5 �
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��••- U.S. Department of Justice
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• .�� Civil Rights Division
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IKP : GS : TTC� : j dp Voting Section
DJ 166-012-3 P.O. Bar 66128
Washington, DC 20035-6128
97-0084
March 13, 1997
Ms. Susan Shuler
City Secretary
2000 Highway 78 North
Wylie, Texas 75098
Dear Ms. Shuler:
This refers to the annexation (Ordinance No. 96-32) to the
City of Wylie in Collin, Dallas, and Rockwall Counties, Texas,
submitted to the Attorney General pursuant to Section 5 of the
Voting Rights Act, 42 U.S.C. 1973c. We received your submission
on January 14, 1997.
The Attorney General does not interpose any objection to
the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
change. See the Procedures for the Administration of Section 5
(28 C.F.R. 51.41).
Sincerely,
Isabelle Katz Pinzler
Acting Assistant Attorney General
Civil Rights Division
B y ' �,,,, �� �.�-'' � -�� _�.�,,�,�
Elizabeth Johnson
y � �Chief, Voting Section
(�� !��
<, _., � � Q
� i�� �� �WS P.O. Box 369 �Vylic, Texas '7509a
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
CTTV r)F r�vl T� - r)hrl,��n��o N�,_ 9�-30 � �n�-nance Na. 9G-31; Onci.�nance No. 96-32
Uc.tvbe�c 2 , 1996 and ,1996.
Cha ngbrock
Subscribed and sworn to before me this the da of � . ,1996
Y
to certify which witness my hand and seal of office.
~�� c��
�..�"'�'^. MAR public
:'p" ��e� Nota�`I �.
; ;* �--�. ,� t0 nt
: o f ` �t� p9, ,� 4 _g7
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�'; y r�,/�.` IJ1Y �
`�� Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
Serving Wideawake Wylie Since 1947
Wednesday, October 2,1996 - TI-IE WYLIE NEWS - Section B- Page 9
CITY OF WYLIE, TEXAS
ORDINANCE NO. 96-32
AN ORDINANCE ANNEXING A
47.21 ACRE TRACT OF LAND,
MORE OR LESS, SITUATED IN
THE RICHARD NEWMAN SUId-
VEY, ABSTRACT NO. 1072,
DALLAS COUNTY, TEXAS;
PROVIDING THAT THE OWN-
ERS 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 HEREINAFIER ADOPTED;
PROVIDING FOR A PENALTY
FOR A VIOLATION OF THIS
ORDINANCE AND COMPRE-
HENSIYE ZONING ORDINANGE
NO. 91-24, CHAPTER 12, EXHIB-
IT "A" OF WYLIE'S CODE OF
ORDINANCES; 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.
Susan Shuler
City Secretary
City of Wylie 18-1t-339