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Ordinance 1985-88 ORDINANCE NO. f ~ -,f? AN ORDINANCE AMENDING ORDINANCE NO. 85-19A CREATING SPECIAL LIFT STATION DISTRICTS; ADDING A NEW SECTION CREATING A LIFT STATION DISTRICT FOR THE MUDDY CREEK AREA, PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION OF THE CAPTION AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS; SECTION 3 - MUDDY CREEK LIFT STATION DISTRICT A. There is hereby created a special district for the purposes of providing sanitary sewage facilities and the construction of a lift station. This district shall be known and referred to as the "Huddy Creek Lift Station". B. The boundaries of the Muddy Creek Lift Station District are established as follows: Beginning at a point in Collin County, Texas where McCreary Road and McMillan Road intersect; from that point, moving due South along the extension of McCreary Road to a point where that road intersects with FM544, thence continuing due South across the right-of-way and along the western property boundaries of properties currently described as being owned by one Mary Allene Jones to a point where the Western boundary of that property terminates from that point due Easterly along the Southern boundary of the Jones property to a point intersecting the tract currently owned by one B. C. Wood; thence turning due South along boundary of that property until intersects with the landfill currently North Texas Municipal water District; the Western said line operated by thence turning due Easterly along the Northern boundary of said landfill to Hooper Road; thence due South along Hooper Road to SH78 across SHl8 continuing along the continuance of Hooper Road in a due Easterly direction until such road or line intersects with Huddy Creek; thence, South/Southeasterly along the meanderings of Muddy Creek past Sachse Road to a point for intersection at Pleasant Valley Road. From that point Northeasterly up Pleasant Valley Road approximately one (1) mile to a point near the intersection of an unnamed road moving off of Pleasant Valley Road in a Southeasterly direction; said point being at or near a geographical ridge line; thence, from that point moving in a straight line along the ridge line to a point for intersection at the "Y" where Sachse Road and Pleasant Valley Road intersect; thence, due North along S. Ballard/Sachse Road to Alanis Lane; thence, due West along Alanis Lane to Martinez Lane; 1 thence, due North along Martinez Lane across SH78 and across the Atcheson, Topeka and Santa Fe Railway tracks and along the Western border of the t1Bank property across FM544 and continuing along a line in a Northerly direction along the East property line of Landon Carlson and Nortex Nurseries to FM3412/W. Brown St.; thence due corner of property; East along FM3412 the Birmingham to the Southwest Elementary School thence, boundary Northern North along that property's Western line until said line intersects with the boundary line; thence, East along the Northern property line until such line intersects with the Pointe North development; thence, along the West boundary line along the Pointe North development in a Northerly direction continuing along said line until that line intersects with the wylie/St. Paul extra- territorial jurisdiction agreement line; thence, turning due west along said line until said line turns in a Northern direction and following that line North until said line turns in a due westerly direction and following said line to a point of intersection along FM1378; thence, North along FM1378 to the intersection of FM1378 and Parker Road on the most Northern leg of Parker Road; thence, due West along Parker Road until said road intersects with Muddy Creek; thence, from that point in a Southerly direction along the meanderings of Muddy Creek until such line intersects with McMillan Road/Park Boulevard; at that point moving due West along McMillan Road to the intersection of McMillan Road and McCreary Road for a closing; said district being all of the property as afore described within said boundaries. C. FEE FOR DISTRICT The estimated cost of providing a lift station for the Muddy Creek Lift Station District is $2 million. This estimate is based on 1984 dollars and therefore, the City will retain any interest earned or overages collected in order to defray any cost of inflation. This estimated cost divided by the anticipated normal density of four (4) units per acre results in a per unit fee at the time of connection of $165.00 per dwelling unit. Subsequent development after initial connection will be required to pay additional fees relative to increased usage. Commercial users will be charged equivalent dwelling unit fees based on an anticipated generation or subsequent production of two hundred thirty (230) gallons of sewage per day average. This calculation shall be made in the same manner as outlined in the City of Wylie Impact Fee Ordinance and shall use the same tables and schedules for computation. In no case shall the fee be less units per acre. than four (4) 2 PENALTY: Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine of not less than $1.00 nor more than $200.00. SEVERABILITY: All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. PUBLICATION: The caption of this ordinance shall be published one time in the Wylie News, the official newspaper of the City of Wylie. EFFECTIVE DATE: its publication Wylie. This ordinance shall become effective upon in the official newspaper of the City of PASSED AND THIS THE THE CITY COUNCIL OF WYLIE, TEXAS, _ 1985. /~a~ ohn W. Akin, Mayor 3