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09-26-1983 (City Council) Agenda Packet Date Posted 9-22-83 �. OF Time Posted 3:00 P.M. vjr CJ\ LAKE LAVON WYLIE • LAKE RAY HUBBARD AGENDA CALLED CITY COUNCIL MEETING September 26, 1983 7:00 P.M. 1. Call to order & invocation 2. Consider acceptance of alley of Trails Addition Phase I 3. Considcr approva4 ef final plat for Railroad Industrial Park PULLED 4. Consider approval of payment by City for materials for two fire "^------ _� hydrants for Ki ns i ngton Manor water lines. 5. Public Hearing for annexing 10 acres located on F.M. 1378 known as Kelly Concrete. 6. Consider approval and sign annexation ordinance for the following: Oaks III Oaks IV Oaks Retail Rush Creek II Wyndham Estates 7. Consider approval and sign ordinances to reflect zoning changes on the following: A. Lot 3, Block 6 Keller I from SF-2 to Retail B. Oaks 3,4 and Retail from Agricultural to SF-1 & Retail C. Rustic Oaks from Agricultural to SF-1 & Retail & Planned Development D. Rush Creek II Agricultural to SF-2 8. Consider approval for public auction. 9. Set date for joint workshop with City Council & Planning & Zoning Board to update Zoning Ordinance 10. Discuss easement South of Valentine in regards to fence lines. 11. Consider approval of recommendation and a policy that each Builder' be responsible for curbs, streets, 'sidewalks, and alleys adjacent to building site being repaired prior to an occupancy certificate being issued. 12. Mayor and Council Reports. 13. Executive session 14. Adjourn. ' U V Y PLATS R � S CA L E: /"- /OO' FIELD NOTES Being all that certain lot, tract or parcel of land situated in Collin County, Texas , being out of the Charles Attebury Survey, Abstract tto. 2, and being the same 10.000 acres conveyed to Judy Owens, Trustee for Wylie Saddle Olub Joint Venture, by Fobby Brininstool recorded in Volume 1331, Page 494, Collin County Deed Records and being more particularly dcsrihed as follows : ,- Beginning at an iron stake found for corner in the East line of F. M. No. 1378, said point being the Northwest corner of said 10.000 acre tract ; , THENCE: LAST 810.00 feet to an iron stake found for corner. THENCE: S 00 deg. 12 min. 17 sec. E 537.69 feet to an iron stake found for corner. VENCE: WEST 810.00 feet to an iron stake found for corner in the East line of said V. M. No. 1378„ THENCE: N 00 deg. 16 min. W 251.69 feet along the East line of said F. M. No. 1378 to an iron stake found for corner. T1lENCE: N 00 deg. 09 mina W 286.00 feet along the East line of said F. M. No. 1378 to the Place of Beginning and containing 10.000 acres of land. THERE ARE NO ENCROACIII'1E21 FS, PROTRUSIONS OR CONFLICTS. EASEMENTS : Easement to Texas Power & Light Co. recorded in Volume 397, Page 18, .Collin County Deed Records does not effect this property. 1 • FAST .40 t £f�V/C� -'- • ' ' .j� l ,r• C HA !N, L 1!`I K ' , - /A / 7,---x---4:-' -,4' FENCE r- ,r.' \\ C� FLOOD C.0I1 rll(�f_1 e) , CONCRE E �� S1 f�1�(� j TUFT ,�,r) 1 1 \ SLAB . . cr) 1', i,6'C? 0 (Ni . , rri> ,,,,,,, ., P, 34.4t Li:\ l N1 /O.QQO • ACRES . \ (NI ._..,....-//' . . , \ LRo . . L'i: o\Y _ ( C� .) (< s 8 /Q' _ iti . . . •vWATER LINE , 1 SURVEY PLAT i h� r� x ° ' ,, COLLIN I,,t" ,' COUNTY a .t -,b 4'. „,..,L..„ 'f John A. Roller, Jr. • Justice of Peace • Precinct 4 To: All Members From: Collin County Public Official' s Association Re: September Meeting The September meeting_ of the Association is to be held at the Eldorado, Country Club, Highway 75 , McKinney, Texas, Thursday, September 29 , 1983 . A cash bar will commence at 6:30 p.m. with call to dinner at 7:30 . Please call your reservations into Judge Roller' s Office, • 382-2711 , Celina, Texas, by noon, September 28 , 1983 . Looking forward to a good turnout, meal and pro am, . A. Roller, Jr. - Pres. , Collin County Public Official' s Association Box 10 • Celina, Texas • 214/382-2711 CITY OF' WYLIE 114 N. BALLARD ST. - P.O. BOX 428 WYLIE TEXAS 75098-0428 MEMORANDUM TO: City Council FROM: I. W. Santry, Jr. 1 DATE: September 21, 1983 SUBJECT: Payment for Fire Hydrants Some time prior to the start of construction of the Kinsington Manor Estates water line from the City of Wylie to the- new development, Mr. Lee Vickers made a verbal commitment to Mr. Don Kreymer and Tim - Hemingway to recommend to you that the City pay for the materials of two fire hydrants. The idea was to provide additional fire protection while the water main was being constructed. Mr. Vickers stated to me that the agreement was only to recommend the payment for only the material . The labor involved would be borne by the develop- ers. I have checked with Mr. Harold Spence who was the contractor on the water line and he provided the following costs. Number TYPE OF UNIT of Items ITEM COST COST 2 Fire Hydrants $475.00 $950.00 2 8" x 6" Tee 141.60 283.20 2 6" Gate Valves 237.22 474.44 2 Valve Box 18.50 37.00 TOTAL COST $1,744.64 5%:-SALES TAX 87.23 TOTAL DUE $1,831.87 It appears from my discussions that the agreement had been struck and that the City is responsible for the $1,831.87. vjr P / , � O F ,i- G� LAKE .ett LAVON WYLIE • LAKE RAY HUBBARD September 23. 1983 Wylie Sports Association Att: Richard Parker In reference to our discussion regarding areas of responsibility in operating and maintainiing the Sports Complex section of our Community Park, during the Park and Recreation Board Meeting September 20, 1983. The City Council appreciates the Wylie Sports Association and the work, efforts and dedication, past and present, that they have contri buted in working with and helping develop our younger and future Citizens and this was taken into serious consideration when working out a operation agreement between the City Council and Wylie Sports Association. We feel the following guidelines for operating and maintaining the Sports Complex is fair and equitable. W.S.A. Responsibilities 1. Mow and Maintain all areas of Sports Complex (Where any and all sporting events take place) 2. Pay electric bill monthly 3. Keep Concession, Rest Rooms and Pravillon areas clean and supplied 4. Supervise, Control and be responsible for all activities in the Sports Complex (Any person, persons or groups that desire to use this area must obtain your approval ) City of Wylies' Responsibilities 1. Mow and maintain all areas 'cluding Sports Complex 2. Furnish water and sewer 3. Make necessary repairs to total Park 4. Maintain Park road and Parking area 5. Suspend Annual $3,000 per year payment from W.S.A. 114 NORTH BALLARD P.O.BOX 207,WYLIE,TEXAS 75098 PHONE(214)442-2236 Page 2 The City of Wylie concurs with the Park and Recreation Board that an all out effort must be made toward making our Community Park a total Park that will include something for all our Community Citizens, Con- sequently we feel very strongly that all available funds must be directed toward that goad- / ati � J�f ohn W. Akin Acting City Manager JWA/vjr I I ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE FRANCISCO de 1. PINA SURVEY, ABSTRACT NO. 688 UPON PETITION OF HAROLD SPENCE WHEREAS, HAROLD SPENCE has filed a written petition to annex to the City of Wylie, Collin County, Texas , the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by notes and bounds as follows , to-wit: WHEREAS, HAROLD SPENCE is the owner of a tract of land situated in .Collin County, Texas, being a part of a 32.00 acre tract of land out of the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688; conveyed to Orville Kreymer by G. C. Kreymer, et al in Partition Deed recorded in Volume 949, Page 634 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the West R.O.W. line of Spence Drive as dedicated in Oaks Addition No. 1, an additon to the City of Wylie, as filed in Cabinet C at Page 420 of the Map and Plat Records of Collin County, Texas , and South R.O.W. line of Old Highway No. 78, now a County Road; iron stake set for corner; THENCE South 0 deg. 52 min. East with the West R.O.W. of said Spence Drive, 209.26 feet to iron stake set on corner of said Oaks Addition No. 1 on the North line of dedicated alley; THENCE North 87 Jeg. 34 min. West with the North line of said dedicated alley, 159.73 feet to iron stake set for corner; THENCE North 0 deg. 52 min. West parallel to Spence Drive, 209.26 feet to iron stake for corner; THENCE South 87 deg. 34 min. East generally with old R.O.W. of Old Highway 78, 159.73 feet to Place of Beginning and containing 0.765 acres of land, more or less. ORDINANCE NO. CONT'D PAGE 2 be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas , subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 25th DAY OF May , 19 83 . ROBERT B SQUIRES, MAYOR ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. 1 AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE FRANCISCO de la PINA SURVEY, ABSTRACT NO. 638 UPON PETITION OF HAROLD SPENCE WHEREAS, HAROLD SPENCE has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by notes and bounds as follows , to-wit: WHEREAS, HAROLD SPENCE is the owner of the acreage situated in Collin County, Texas , being part of a 200 acre tract out of the FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, conveyed to Orville Kreymer, G. C. Kreymer, Clifton Kreymer, Archie Kreymer and Billy Kreymer by Mrs. G. C. Hughes, a widow, by deed recorded in Volume 793, Page 265 of the Deed Records Collin County, Texas, and being more particularly described as follows: BEGINNING at the most Northwesterly corner of Oaks Addition No. 1, an addition to the City of Wylie, Texas filed in Cabinet C, Page 420 of the Map and Plat Records of Collin County, Texas; THENCE South 0 deg. 38 min. West with the West line of alley and the East line of Oaks Addition No. 1 and Oaks Addition No. 2, an addition to the City of Wylie, Texas, as filed in Cabinet C at Page 489 of the Map and Plat Records of Collin County, Texas, 520. 12 feet to stake for corner at angle in alley; THENCE North 87 deg. 59 min. West with the South line of cemetery tract 318.60 feet to stake set for corner in the East R.O.W. of Marble Street; THENCE North 0 deg. 04 min. West with East line of Marble Street 39.00 feet to iron stake for corner; THENCE South 86 deg. 48 min. West with the North line of Marble Street 25.75 feet to stake located for corner; THENCE North 1 deg. 32 min. 58 sec. East with West line of 200 acre tract and east line of Wylie Townsite, 453.07 feet to highway marker for corner; THENCE North 51 deg. 14 min. East with the South line of State Highway No. 78, 366.85 feet to stake set for corner; THENCE South 87 deg. 34 min. East with the North line of 1 acre tract, 48.50 feet to iron stake set for corner; THENCE South 0 deg. 52 mi,n. East across said 1 acre tract 209.26 feet to Place of Beginning and containing 4.878 acres of land, more or less. ORDINANCE NO. CONT'D PAGE 2 be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas , subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 25th DAY OF May , 1983 . ROBERT B SQUIRES, MAYOR ATTEST: Carolyn Jones, City Secretary i ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE FRANCISCO de la PINA SURVEY, ABSTRACT NO. 688 UPON PETITION OF HAROLD SPENCE WHEREAS, HAROLD SPENCE has filed a written petition to annex to the City of Wylie, Collin County, Texas , the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by notes and bounds as follows , to-wit: WHEREAS, HAROLD SPENCE, is the owner of a tract of land situated in the Francisco de la Pina Survey, Abstract Number 688, Collin County, Texas, and being all of the land conveyed to Harold Spence by deeds recorded in Volume 1639, Page 606 and Volume 1639, Page 932 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point for corner in the Southerly right-of-way line of Old Hwy. No. 78 (70' R.O.W. ), said point being the Northeasterly corner of Lot 2, bloc B of Oaks Addition No. 1, an addition to the City of Wylie, according to the plat recorded in Cabinet "C" , Page 420 of the Plat Records of Collin County, Texas; THENCE, South 890 41' 51" East, along the Southerly right-of-way line of Old Hwy. No. 78, a distance of 553.69 feet to a point for corner; THENCE, South 00° 05' 02" East, a distance of 1370.72 feet to a point for corner in theiNortherly line of Rush Creek Estates, an addition to the City of Wylie; THENCE, South 76° 31' 51" West, along said Northerly line, a distance of 324.87 feet to a point for corner; THENCE, North 77° 17' 10" West, a distance of 112.42 feet to a point for corner; THENCE, North 67° 39' 15" West, a distance of 115.09 feet to a point for corner; THENCE, North 86° 44' 15" West, a distance of 34.04 feet to a point for corner, said point being the Southeasterly corner of Oaks Addition No. 2, an addition to the City of Wylie according to the plat recorded in Cabinet "C" , Page 489 of the Plat Records of Collin County, Texas; THENCE, North 00° 25' 45" East, along the Easterly addition line of Oaks Addition No. and continuing along the addition line of Oaks Addition No. 1, a distance of 1378.91 feet to the point of beginning and containing 18. 145 acres of land, more or less. (790.409 sq. ft. ) ORDINANCE NO. CONT'D PAGE 2 be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas , subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 25th DAY OF May , 19 83 . ROBERT B SQUIRES, MAYOR ATTEST: Carolyn Jones, City Secretary 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO. 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING 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 Body is of the opinion that the said change of zoning which is on application of Melvin St. John should 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. 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: SF-2 / RUSH CREEK PHASE II Said property being described as follows: A tract of land being a part of a 55.7 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, situated in the City of Wylie, Collin County, Texas, and being particularly described as follows : BEGINNING at an iron rod found at the most Southerly Southeast corner of Rush Creek Estates, an addition to the City of Wylie, Texas as recorded in Volume C, Page 494, of the Map Records of Collin County, Texas ; THENCE, along the Easterly boundary of Rush Creek Estates as follows: North 17005'44" East, 207.87 feet to a point on a curve to the right having a tangent bearing of North 72°54' 16" West: THENCE, Northwesterly along said curve to the right having a central angle of 32055'11", a radius of 193.94 feet and a tangent of 57.30 feet, an arc distance of 111.43 feet; THENCE, North 50°00' 55" East, 190.0 feet to the beginning of a curve to the right; THENCE, Northeasterly along said curve to the right having a central angle of 29°37' 03" , a radius of 286.94 feet and a tangent of 75.86 feet, an arc distance of 148.33 feet; THENCE, North 10°22'02" West, 180.0 feet to a point on a curve to the right having a tangent bearing of North 79°37'58" East; THENCE, Northeasterly along said curve to the right having a central angle of 0°29'03" , a radius of 466.94 feet and a tangent of 1.97 feet, an arc distance of 3.95 feet; ORDINANCE Cont.d THENCE, North 80°07'01" East, 59.83 feet; THENCE, North 9°52' 59" West, 345.0 feet to the most Northerly Northeast corner of Rush Creek Estates; THENCE, North 89°05' 53" East, 756.61 feet; THENCE, South 2°33'23" West, 261.27 feet; THENCE, North 87°26' 37" West, 20. 16 feet; THENCE, South 2°33'23" West, 255.0 feet; THENCE, South 87°26' 37" East, 40.31 feet; THENCE, South 2°33'23" West, 365.0 feet; THENCE, North 87°26' 37" West, 5.0 feet; THENCE South 2°33'23" West, 145.0 feet; THENCE, North 87°26' 37" West, 945.87 feet to the PLACE OF BEGINNING, and contain- ing 18.4696 acres of land, more or less. ORDINANCE NO. CONT' d. Page 2 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 null force and effect. ,1_C:1ION 3. That the above described property shall be used only in the for the purposes provided for in the Comprehensive Zoning Ordinance as amended herein by the granting of this zoning classification. [ foli 4. That should any paragraph, sentence, subdivision, clause, .n '., ot-iorr of this ordinance be adjudged or held to be unconstitutional , invalid, the same shall not affect the validity of this ordinance „i,ni,.. Cif' any part or provision thereof other than the part so decided to he invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECI-ION 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 Ordinance of the City, as hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication -of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas , this 22nd day of August , 1983. APPROVED: Robert B. Squires , Mayor ATTEST: Carolyn Jones , City Secretary APPROVED AS TO FORM: Al I ORNEY FOR THE CITY . ti ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE FRANCISCO de la PINA SURVEY, ABSTRACT NO. 688 UPON PETITION OF Melvin St. John & Harry Tibbals WHEREAS, Melvin St. John has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by notes and bounds as follows, to-wit: BEGINNING at the most Southerly Southeast corner of Rush Creek Estates , an addition to the City of Wylie, Texas as recorded in Volume C, Page 494 of the Map Records of Collin County, Texas, said point being on the existing corporate limits of the City of Wylie; THENCE along the Easterly boundary of said Rush Creek Estates and along said corporate limit line as follows: North 17°05'44" East, 207.87 feet to the beginning of a curve to the right having a tangent bearing of North 72°54' 16" West; THENCE, Northwesterly along said curve to the right having a central angle of 32°55' 11" , a radius of 193.94 feet and a tangent of 57.30 feet, an arc distance of 111.43 feet; THENCE, North 50900' 55" East, 190.0 feet to the beginning of a curve to the right; THENCE, Northeasterly along said curve to the right having a central angly of 29°37`03", a radius of 286.94 feet and a tangent of 75.86 feet, an arc distance of 148.33 feet; THENCE, North 10022'02" West, 180.0 feet to a point on a curve to the right having a tangent bearing of North 79°37'56" East at this point; THENCE, Northeasterly along said curve to the right having a central angle of 0029'05", a radius of 466.94 feet and a tangent of 1.98 feet, an arc distance of 3.95 feet; THENCE, North 80007'01" East, 59.83 feet; THENCE, North 9°52'59" West, 345.0 feet to the most Northerly Northeast corner of Rush_ Creek. Estates; THENCE, North 80°07'Ol" East, 650.0 feet; THENCE, South 9°52;59" East, 1147.59 feet; THENCE, North 87°26'27" West, 1057.45 feet to the PLACE OF BEGINNING, and containing 19.4602 acres of land, more or less. ORDINANCE NO. CONT'D PAGE 2 be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas , subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 26th DAY OF September , 19 83 - ROBERT B SQUIRES, MAYOR ATTEST: Carolyn Jones, City Secretary ORDINANCE 40. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO. 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING 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 Body is of the opinion that the said change of zoning which is on application of RICHARD PARKER should 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. 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: RETAIL Said property being described as follows: LOT 3, BLOCK 6 KELLER I ADDITION ORDINANCE NO. CONT'd. Page 2 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. SECTION 3. That the above described property shall be used only in the manner and for the purposes 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 invalid, 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 Zoning 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 Ordinance of the City, as hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas , this 12th day of April , 1983. APPROVED: Robert B. Squires, Mayor ATTEST: . Carolyn Jones, City Secretary APPROVED AS TO FORM: ATTORNEY FOR THE CITY tj ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO. 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING 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 Body is of the opinion that the said change of zoning which is on application of HAROLD SPENCE should 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. 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: SF-2 / OAKS NO. 4 ADDITION Said property being described as follows: WHEREAS, HAROLD SPENCE, is the owner of a tract of land situated in the Francisco de la Pina Survey, Abstract Number 688, Collin County, Texas , and being all of the land conveyed to Harold Spence by deeds recorded in Volume 1639, Page 606 and Volume 1639, Page 932 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point for corner in the Southerly right-of-way line of Old Hwy. No. 78 (70' R.O.W. ) , said point being the Northeasterly corner of Lot 2, block B of Oaks Addition No. 1, an addition to the City of Wylie, according to the plat recorded in Cabinet "C"', Page 420 of the Plat Records of Collin County, Texas; THENCE, South 89°41'51" East, along the Southerly right-of-way line of Old Hwy. No. 78, a distance of 553.69 feet to a point for corner; THENCE, South 00° 05' 02" East, a distance of 1370.72 feet to a point for corner in the Northerly line of Rush Creek Estates, an addition to the City of Wylie; THENCE, South 76° 31' 51" West, along said Northerly line, a distance of 324.87 feet to a point for corner; THENCE, North 77° 17' 10" West, a distance of 112.42 feet to a point for corner; THENCE, North 67° 39' 15" West, a distance of 115.09 feet to a point for corner; THENCE, North 86° 44' 15" West, a distance of 34.04 feet to a point for corner, said point being the Southeasterly corner of Oaks Addition No, 2, an addition to the City of Wylie according to the plat recorded in Cabinet "C", Page 489 of the Plat Records of Collin County, Texas; THENCE, North 00° 25' 45" East, along the Easterly addition line of Oaks Addition No. and continuing along the addition line of Oaks Addition No. 1 , a distance of 1378.91 feet to the point of beginning and containing 18.145 acres of land, more or less. (790.409 sq. ft. ) ORDINANCE NO. CONT'd. Page 2 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. SECTION 3. That the above described property shall be used only in the manner and for the purposes 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 invalid, 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 Zoning 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 Ordinance of the City, as hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this 7th day of June , 1983. APPROVED: Robert B. Squires, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: ATTORNEY FOR THE CITY t ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO. 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING 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 Body is of the opinion that the said change of zoning which is on • application of HAROLD SPENCE should 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. 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: RETAIL & SF-2 / OAKS NO. 3 ADDITION Said property being described as follows: BEGINNING at the intersection of the West R.O.W. line of Spence Drive as ded- icated in Oaks Addition No. 1, an addition to the City of Wylie, as filed in Cabinet C at Page 420 of the Map and Plat Records of Collin County, Texas, and South R.O.W. line of Old highway No. 78, now a County Road; iron stake set for corner; THENCE South 0 deg. 52 min. East with the West R.O.W. of said Spence Drive, 209.26 feet to iron stake set on corner of said Oaks Addition No. 1 on the North line of dedicated alley; THENCE North 87 deg. 34 min. West with the North line of said dedicated alley, 159.73 feet to iron stake set for corner; THENCE North 0 deg. 52 min. West parallel to Spence Drive, 209.26 feet to iron stake for corner; THENCE South 87 deg. 34 min. East generally with old R.O.W. of Old. Highway 78, 159.73 feet to Place of Beginning and containing 0.765 acres of land, more or less. ORDINANCE NO. CONT'd. Page 2 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. SECTION 3. That the above described property shall be used only in the manner and for the purposes 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 invalid, 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 Zoning 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 Ordinance of the City, as hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas , this 7th day of June , 1983. APPROVED: Robert B. Squires, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: ATTORNEY FOR THE CITY ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO. 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING 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 Body is of the opinion that the said change of zoning which is on application of HAROLD SPENCE should 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. 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: RETAIL / OAKS RETAIL Said property being described as follows: BEGINNING at the most Northwesterly corner of Oaks Addition No. 1, an addition to the City of Wylie, Texas filed in Cabinet C, Page 420 of the Map and Plat Records of Collin County, Texas; THENCE South 0 deg. 38 min. West with the West line of alley and the East line of Oaks Addition No. 1 and Oaks Addition No. 2, an addition to the City of Wylie, Texas, as filed in Cabinet C at Page 489 of the Map and Plat Records of Collin County, Texas 520.12 feet to stake for corner at angle in alley; THENCE North 87 det. 59 min. West with the South line of cemetery tract 318.60 feet to stake set for corner in the East R.O.W. of Marble Street; THENCE North 0 deg. 04 min. West with East line of Marble Street 39.00 feet to iron stake for corner; THENCE South 86 deg. 48 min. West with the North line of Marble Street 25.75 feet to stake located for corner; THENCE North 1 deg. 32 min. 58 sec. East with West line of 200 acre tract and east line of Wylie Townsite, 453.07 feet to highway marker for corner; THENCE North 51 deg. 14 min. East with the South line of State Highway No. 78, 366.85 feet to stake set for corner; Thence South 87 deg. 34 min. East with the North line of 1 acre tract, 48.50 feet to iron stake set for corner; THENCE South 0 deg. 52 min. East across said 1 acre tract 209.26 feet to Place of Beginning and containing 4.878 acres of land, more or less. ORDINANCE NO. CONT'd. Page 2 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. SECTION 3. That the above described property shall be used only in the manner and for the purposes 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 invalid, 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 Zoning 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 Ordinance of the City, as hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this 7th day of June , 1983. APPROVED: Robert B. Squires, Mayor ATTEST: . Carolyn Jones, City Secretary APPROVED AS TO FORM: ATTORNEY FOR THE CITY