O71-01CITY OF KENNEDALE, TEXAS
ORDINANCE 71-1
AN ORDINANCE MAKING FINDINGS: PROVIDING FOR THE
DISCONTINUENCE OF TERRITORY FROM THE CORPORATE
AREA OF THE CITY OF KENNEDALE: DESCRIBING THE
TERRITORY DISCONTINUED: PROVIDING FOR RELEASE OF
EXTRATERRITORIAL JURISDICTION; PROVIDING THAT
TAXES ARE NOT TO BE REFUNDED: PROVIDING THAT THE
OFFICIAL MAP AND BOUNDARIES BE CORRECTED; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES AFFECTING BOUNDARIES; PROVIDING FOR
SEVERABILITY AND NAMING AN EFFECTIVE DATE.
WHEREAS, in strict compliance with the provisions of the
Municipal Annexation Act, (SubSection B, Section 3, Article 970a,
Revised Civil Statutes of Texas, as amended), The City of Fort Worth
and the City of Kennedale have heretofore executed a Joint Resolution
fixing and establishing a mutual common boundary line between the two
cities and apportioning extraterritorial jurisdiction; and
WHEREAS, the said Joint Resolution was adopted by the City
of Fort Worth on the llth day of August, 1969; and was adopted by the City
of Kennedale on the llth day of December, 1969; and
WHEREAS, the Joint Resolution was recorded on the 6th day of
May, 1970 in Volume 4875 at pages 126 through 132 of the Deed Records of
Tarrant County, Texas; and
WHEREAS, the adopted and recorded Joint Resolution provides,
in part:
* * * that Fort Worth and Kennedale hereby agree
to proceed with due diligence in adopting the
necessary ordinances adjusting their corporate
boundaries and all other proceedings necessary to
effectuate this agreement * * * "; and
WHEREAS, there is territory lying within the area apportioned
to the City of Fort Worth which was heretofore annexed to the City of
Kennedale by its Ordinance No. 57-2 on April 5, 1957; by its Ordinance
No. 64-11 on October 29, 1964 and by its Ordinance No. 65-17 on December
9, 1965.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE
SECTION I
THAT so much of the territory heretofore annexed to the City
of Kennedale by Ordinance No. 57-2 on April 5, 1957; by Ordinance No.
64-11 on October 29, 1964 and by Ordinance No. 65-17 on December 9, 1965
as lies west of the west right of way line of Dick Price Road (County
Road No. 2037) be and the same is hereby discontinued from the corporate
area of the City of Kennedale.
SECTION 2
THAT the City of Kennedale hereby confirms the relinquishment
of all extraterritorial jurisdictional rights in the territory described
in Section I, above, and the City of Kennedale expressly consents to the
annexation of the above described territory by the City of Fort Worth.
SECTION 3
THAT all taxes heretofore assessed or collected in the above
described territory were lawfully assessed and collected when the area was
lawfully within the corporate area of the City of Kennedale and no part
of such taxes shall be required to be refunded by the City of Kennedale.
SECTION 4
THAT the official map and boundaries of the City of Kennedale
shall be corrected and amended to show that the above described territory
is no longer a part of the corporate area of the City of Kennedale.
SECTION 5
THAT this ordinance shall repeal every prior ordinance and pro-
vision of the City of Kennedale corporate boundaries in conflict herewith,
but as to all other annexation or other boundary provisions not in conflict
herewith this ordinance is declared to be cumulative.
SECTION 6
THAT it is hereby declared to be the intent of the City Council
that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared void, ineffective or uncon-
stitutional by the valid judgment or final decree of a court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections hereof, since the same would have been enacted by the City
Council without the incorporation herein of any such void, ineffective
or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
THAT this ordinance shall become effective and be in full
force and effect from and after its passage and approval by the Mayor;
duly attested by the City Secretary.
ADOPTED and APPROVED this the llth day of.
March, A.D. 1971.
ATTE
`ity Secretary
THE STATE OF TEXAS:
COUNTY OF TARRANT :
CITY OF KENNEDALE :
APPROVED:
Mayor
7
City of Kennedale, Texas
I, Jewel D. Boyd, hereby certify that the above and
foregoing is a true and correct copy of Kennedale Ordinance
No. 71-1 duly adopted at a regular, meeting of the City
Council of the City of Kennedale, Texas on the llth day of
March, 1971, as reflected by the minutes of said City
Council.
TO CERTIFY WHICH witness my hand and the official
seal of the City of Kennedale, Texas, this llth day of
March, A.D. 1971.
C 1i y Secretary - of the ,!¢ity of
I nnedale, Texas
(CITY SEAL)