Ordinance 1985-74
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AN ClRDINANCE OF THE CITY ClF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ClRDINANCE OF THE CITY ClF
WYLIE, TEXAS, AS HERETClFClRE AMENDED (ClRDINANCE NCl
81-5), TCl CHANGE THE ZClNING ClN THE HEREINAFTER
DESCRIBED PRClPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
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SE:'v!ER(~IB I L I T'Y
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PF:D') I D I 1\1(3
PENALTIES FClR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200..00)
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AN EFFECTIVE DATE..
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
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be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT DRDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTIDN I.. That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
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Said property being described as follows:
EXHIBIT "A"
Description of the Bramlett Tract
Being that certain lot, tract or parcel of land lying
and situated in Collin County, Texas, and being a part of the
E.C.DAVIDSON SURVEY, ABSTRACT NO. 266, and being a part of
13.957 acres of land conveyed by Arthur Davilla et ux to Jick
Housewright and Earl Parsons by Deed recorded in Vol. 500,
Pg. 389, Deed Records of Collin County, Texas, and being more
particularly described as follows:
BEGINNING at an iron stake in the North line of said
13.957 acre tract, said stake being S. 89 deg. 49 min.
E., 171.9 feet from the Northwest corner of said tract;
THENCE S. 89 deg. 49 min. E. along the North line of
said 13.957 acre tract, 114.60 feet to an iron stake for cor-
ner;
THENCE S. 0 deg. 19 min. W., 300.00 feet to an iron
stake for corner;
THENCE S. 89 deg. 49 min. E., 114.60 feet to an iron
stake for corner;
THENCE S. 0 deg. 19 min. W., 323.76 feet to an iron
stake for corner;
THENCE S. 48 deg. 26 min. W., along the Northwest right-
of-way line of TP & L, 204.60 feet to an iron stake for cor-
ner;
THENCE N. 89 deg. 49 min. W.,76.88 feet to an iron stake
for corner;
THENCE N. 0 deg. 19 min. E., 760.00 feet to the point of
beginning and containing 2.97 acres of land.
.,
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EXHIBIT "B"
Agreements Attached to Bramlett
Annexation
The City of Wylie, Texas, for and in consideration of
the agreement by Ledon Bramlett to request annexation of
the 2.97 acre tract situated on FM 3412 herein described,
agrees to the following:
1. To classify for zoning purposes the entire
Bramlett tract as "Agricultural" under Section 8 of the Zon-
ing regulations of the City of Wylie;
2. To tie the New 8" water line into the Bramlett
water meter on or before the effective date of annexation, it
being understood that time is of the essence in this
instance (it is understood by Bramlett that an additional 45
days (approximate) will be necessary to clear and test the
line after the line connection has been made);
3. That even though Bramlett claims ownership of
the water meter situated in front of his residence, City will
accept the transfer of the meter to it with the understanding
that any and all service and replacement costs shall be assum-
ed by the City as long as Bramlett owns the property;
4. That the City shall not assess any fees relating
to the water connection other than the amount of $817.50 as
set out in the City's letter of November 30, 1984, SAVE and
EXCEPT that Bramlett shall be responsible for only those fees
resulting from water usage payable on a monthly basis as are
the citizens of Wylie;
5. That Bramlett be permitted to pay the connect-
ion amount set out under No. 4 above on a monthly basis with-
out interest at a rate of $20.00 added to his regular monthly
water statement;
6. That Bramlett shall be entitled to utilize the
presently installed septic tanks and for a reasonable time
thereafter until the sewer lines of the City are installed
and become reasonably available to Bramlett to make connect-
ion to his residence;
7. That Bramlett be permitted and authorized to com-
plete a 20 ft. by 40 ft. utility building for tractor & tools
with concrete floor and conforming metal siding without the
necessity of a permit and without the "cease and desist"
order for lack of such permit; PROVIDED, HOWEVER, that the
building herein described shall be completed within one (I)
year from the date of annexation of the Bramlett tract to the
City of Wylie;
8. That the City of Wylie shall remove the concrete
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reservoir located in the front yard of Bramlett's residence,
partly within the road right-of-way and partly within his pro-
perty line, by crushing in its sides and opening drain pas-
ages and holes in the bottem (to permit drainage) and filling
the removed reservoir with dirt to ground level, PROVIDED,
HOWEVER, that Bramlett obtain releases from all homeowners
who are tied into and use the concrete water reservoir to per-
mit such removal and, further, that he obtain from such per-
sons agreements not to use the old water line presently ex-
isting therefrom;
9. That the City of Wylie shall hold Bramlett harm-
less of and agrees to pay any and all reasonable attorneys
fees, court costs, and other expenses in connection thereto
as may be incurred by Bramlett to enforce the terms and con-
ditions of this Agreement.
The foregoing is attached to and made a part of the request
of Ledon Bramlett for annexation of his 2.97 ac.tract located
on FM 3412, Collin County, Texas, which, when accepted by the
City of Wylie -resulting in the annexation of the Bramlett
property shall constitute a valid and binding agreement
and contract between the parties hereto.-
SECTION 2.. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect..
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That the above described property shall be used
only in the manner and for the pruposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification..
SECTION 4.. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive lonlng
Ordinance as a whole..
SECTION 5.. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Drdinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200..00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense..
SECTION 6.. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City..
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides..
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~ JDHN W.. AKIN, MAYOR
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