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CITY OF KENNEDALE
ORDINANCE NO. 175
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF
ABSTRACT 1075, E.R. MINGUS SURVEY, TRACTS 2 AND 2C;
HEREINAFTER MORE SPECIFICALLY DESCRIBED INTO THE
CITY OF KENNEDALE, TEXAS FOR ALL MUNICIPAL PURPOSES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, a petition was submitted requesting annexation of certain tracts of land, and
was received by the City of Kennedale, and such Petition is attached hereto as Exhibit "A", and
incorporated herein for all purposes; and
WHEREAS, the Petition described the area to be annexed by metes and bounds and was
acknowledged in the manner required for deeds by each person having an interest in the area; and
WHEREAS, notice was published in a newspaper of general circulation on July 29,
1999, giving notice of public hearings to be held on August 10, 1999, and August 12, 1999, at
which time such public hearings were held in accordance with the requirements of Chapter 43 of
the Local Government Code; and
WHEREAS, at the time of consideration of this ordinance, not less than 20 nor more
than 40 days have passed since the time of such public hearings; and
WHEREAS, all of the property described herein is adjacent to and within one mile of the
present city limits of the City of Kennedale, Texas, and not within the extraterritorial jurisdiction
of any other city; and
WHEREAS, a Service Plan has been prepared and presented at the public hearings; and
is attached to and adopted with this ordinance; and
WHEREAS, all requirements of law have been met to require this annexation, including
compliance with the provisions of Chapter 43 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
c:\citysec\council\ordinan\annex(8-31-99) Page 1
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=m~ SECTION 1.
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~" ` ANNEXATION
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That all portions of the following tracts of land located in Tarrant County in Texas,
~~~ described as: E. R. Mingus Survey, Abstract 1075, Tracts 2 and 2C and more specifically
~~; described and depicted in Exhibit "A" attached hereto and incorporated herein for all purposes,
~;: are hereby annexed to the City of Kennedale as a part of the City for all municipal purposes, and
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the city limits are hereby extended to include such territory.
SECTION 2.
SERVICE PLAN
The Service Plan, attached hereto as Exhibit "B", and incorporated herein, is approved in
all things and made a part of this ordinance for all purposes.
SECTION 3.
RIGHTS AND DUTIES OF OWNERS AND
INHABITANTS IN NEWLY ANNEXED AREA
The owners and inhabitants of the area annexed are entitled to all of the rights and
privileges of all other citizens and property owners of the City of Kennedale and are bound by all
acts, ordinances, and all other legal action now in full force and effect and all those which may be
subsequently adopted.
SECTION 4.
OFFICIAL MAP
The official map and boundaries of the City, previously adopted, are amended to include
the newly annexed territory as a part of the City of Kennedale, Texas. The mayor is directed and
authorized to perform or cause to be performed all acts necessary to correct the official map of
the City to add the territory annexed as required by law. A copy of the map shall be kept in the
offices of the City Secretary and the City Engineer.
SECTION 5.
FILING CERTIFIED COPY
The mayor is directed to file or cause to be filed a certified copy of this annexation
ordinance, along with the map of the entire city highlighting the annexed area, with the following
entities:
a. The county clerk of Tan ant County within 30 days after the date of preclearance by
the U.S. Department of Justice;
c:\citysec\council\ordinan\annex(8-31-99) Page 2
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~ b. The Secretary of State, Statutory Documents Division, P.O. Box 12887, Austin,
i ~, Texas, 78711; and
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;p. c. Sales Tax Division, Comptroller of Public Accounts, Capital Station, Austin, Texas
_ " 78711•
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.., In addition, the City Secretary is directed to notify all utility companies serving the City
"AF of Kennedale or the areas annexed.
SECTION 6.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 7.
SEVERABILITY CLAUSE
Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or
the application thereof, the unconstitutionality, illegality, invalidity or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portion or portions
thereof, but as to such remaining portion or portions, the same shall be and remain in full force
and effect.
SECTION 8.
AREAS EXCEPTED FROM ANNEXATION
Should this ordinance for any reason be ineffective as to any part of the area hereby
annexed to the City of Kennedale, such ineffectiveness of this ordinance as to any such part or
parts of any such area shall not affect the effectiveness of this ordinance as to the remainder of
such area. The City Council hereby declares it to be its purpose to annex to the City of
Kennedale every part of the area described in Section 1 of this ordinance, regardless of whether
any part of such described area is hereby not effectively annexed to the City. Provided, further,
that if there is included within the general description of territory set out in Section 1 of this
ordinance to be hereby annexed to the City of Kennedale any lands or area which are presently
part of and included within the limits of the City of Kennedale, or which are presently part of and
included within the limits of any other City, Town or Village, or which are not within the City of
Kennedale's jurisdiction to annex, the same is hereby excluded and excepted from the territory to
be annexed hereby as fully as if such excluded and excepted area were expressly described
herein.
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SECTION 9.
EFFECTIVE CLAUSE
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AND APPROVED ON THIS 9th DAY OF SEPTEMBER 1999.
APPROVED:
Mayor, Mark S. Wrig
ATTEST:
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City Secre
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
c:\citysec\council\ordinan\annex(8-31-99)
Page 4
• "~'~~ PETITION FOR ANNEXATION
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STATE OF TEXAS
COUNTY OF TARRANT
'_" To the Mayor and Governing Body of the City of Kennedale, Tarrant County, Texas:
The undersigned owner of the hereinafter described tract of land, being more particularly
described by metes and bounds in Exhibit "A", attached hereto and incorporated herein by
reference for all purposes of this Petition, does hereby petition your Honorable Body to annex all
"_t parts of the entire above referenced tract to be included within the incorporated City of
Kennedale, Texas and does hereby certify and represent the following:
1. The tract in Exhibit "A" is identified as 62.156 acres out of the E. R. Mingus Survey, A-
1075.
2. The tract described in Exhibit "A" is one-half mile or less in width and contiguous to the
City of Kennedale; and
3. The tract described in Exhibit "A" is a residence and has two qualified voters; and
4. Presently this tract contains 62.156 acres and is not within the city boundaries; and
5. This tract described in Exhibit "A" is owned by VLS Partners, Victor A. Di Sciullo,
Managing Partner, and no other entity or person has an ownership interest in said tract.
VLS PARTNERS
Victor A. Di Sciullo, Managing Partner
STATE OF TEXAS
COUNTY OF TARRANT
SWORN, SUBSCRIBED and ACKNOWLEDGED before me und~ my hand and seal of
office by Victor A. Di Sciullo, Managing Partner of VLS on this the ~ day of June, 1999.
~~~""r'` o JUDY Kqy RUSSELL _
Notary Public N ary P lic, S to of Texas
~; ;? Stote of Texas
C:Vvty Do 6~ T[ON.doc
FIEF NOTES
BEING a portion of the HUEYJEN LU and TIEN-EN LIU (LU) 86.552 acre tract of land in the
E. R. Minc~us Survey, A-1075, City of Kennedale. Tarrant County, Texas, according to the deed
recorded ~n Volume 10971, Poge 320. Deed Records, Torront County, Texas, and being, further
described by metes and bounds os follows:
BEGINNING of an iron rod found in the east right-of-way of Bowman Springs Road (50 foot
Right-Of-Way), said iron rod being by description in the north line of the E. R. Mingus Survey.
A-1075, and also Deing the northernmost west corner of the 86.552 acre LU tract;
THENCE N 89' 25' S7" E with a broken fence line, of 140.57 feet passing on iron rod found
for the southwest comer of the Fogon tract recorded in Volume 6456, Pogo 758, Deed Records,
Torront County, Texas, and of 888.25 feet passing the west line of Potomac Pointe, Phase II, . an
addition to the City of Artington, Torront County, Texas, and continuing in all. 2068.54 feet to 0
1 /2 inch iron rod found in the east line of Lot 7, Block 2, Phase One, Potomac Pointe Addition to
the City of Arlington, according to the plot recorded in Cabinet A, 51ide 86, Plot Records,
Torront County, Texas;
THENCE S 00' 35' 13" W of 3.93 feet passing the south line of Phase One, Potomac Pointe
Addition and continuing with the east line of the LU tract , 1836.73 feet in all, to 0 60d nail found
for corner,
THENCE N 89' 25' 32" W with the south line of the LU tract, 1002.79 feet to a point in the
center of o creek, from which o reference iron stands N 89' 25' 32" W 31. 35 feet;
THENCE Northerly with the center of o creak:
N 28 37' 44" W 219.77 feet too point from which a reference iron rod stands
S 41' S2' 22" W 42.93 feet;
N 43 25' 23" W 103.94 feet to a point from which o reference iron rod stands
S 35' S3' 15" W 50.07 feet:
N SOr 36' 15" W 157.80 feet to o point from which o reference iron rod stands
S 48' 31' S6" W 28.58 feet;
THENC E N 21' 26' 31' W 197.55 feet to o point from which o reference iron rod
stands S 66 07' 14" W 37.86 feet;
N 06' 38' Og' E 105.85 feet to o point from which o reference iron rod stands
N 81' 40' 19" W 43.83 feet;
N 22' 16' ST W 274.81 feet to o point from which o reference iron rod stands
N 76 42' 1l7' W 25.22 feet;
N 09' 40' 42" W 96.09 feet too point;
N 00' 05' 39" W 270.83 feet to a point;
N 36' 24' 45" E 53.50 feet to a point:
N 09' S3' 15" W 153.52 feet too nail set;
S 80' 44' 00" W 82.16 feet to o nail set;
S 58' t0' 20" W 89.96 feet to o nail set;
N 62 38' 30" W 62.12 feet to on iron rod set;
N 22' 48' 05" W 124.06 feet to on iron rod set;
S 89' S2' 25" W 47.94 feet to on iron rod set;
N 59' 26' 20" W 217.56 feet to an iron rod set;
S 59' 49' 20" W 132.38 feet to on iron rod set;
N 34' 45' 20" W 86.14 feet too point from which on iron rod stands S 12' 03'
40" W 83 .88 feet;
S 84' S6' 40" W 177.57 feet to o point from which on iron rod stands S 43 02'
35" W 50.10 feet;
N 36' S8' 20" W 46.14 feet to on iron rod set in the south line of Bowman Springs
Road, for corner,
THENCE Northeasterly with the south Ilne of Bowman Springs Road os follows:
N 68' 24' S1" E 294.14 feet to on iron rod set of the beginning of o curve to the left
having o radius of 229.63 feet, on internal angle of 4' S3' 33", and o chord that bears
N 65' S8' 04" E 19.60 feet;
Northeasterly along said curve to the left 19.61 feet to the Place Of Beginning and
contoinina 62.156 acres of land.
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E. R. MINGUS SURVEY, A-1075
KENNEDALE, TARRANT COUNTY, TEXAS
DATE: AIRY, 1999 SCALE 1''•200' FlLE: OAKHILSY
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SERVICE PLAN FOR
E.R Mingus Survey, Abstract 1075, Tracts 2 and 2C
FOR SERVICE WITHIN SIXTY (60) DAYS
OF THE EFFECTIVE DATE OF ANNEXATION
1. POLICE PROTECTION
The City of Kennedale, Texas and its Police Department will provide police protection,
such as traffic enforcement, patrolling, radio response to calls, and other routine services to the
newly annexed area at the same or similar level of service now being provided to other areas of
the City of Kennedale, Texas, with similar topography, land use and population characteristics.
No additional personnel or equipment will be required at this time to provide full police
protection services to the areas annexed.
2. FIRE PROTECTION
The City of Kennedale, Texas, and its Fire Department will provide fire protection to the
newly annexed areas at the same or similar level of service now being provided to other areas of
the City of Kennedale, Texas, with similar topography, land use and population characteristics.
Further, the City of Kennedale Fire Department will respond to all dispatched calls and requests
for service or assistance within the newly annexed area. No additional personnel or equipment
will be required at this time to provide full fire protection services to the area annexed.
3. SOLID WASTE COLLECTION
At the present time the City of Kennedale, Texas, is using a designated, specific
contractor for collection of solid waste and refuse within the city limits of the City of Kennedale,
Texas. Service will be extended to cover all newly annexed area as required within sixty days.
4. MAINTENANCE OF WATER A_ND WASTE WATER FACILITIES
Any and all water or waste water facilities owned or maintained by the City of
Kennedale, Texas, at the time of the proposed annexation shall continue to be maintained by the
City of Kennedale, Texas. Any and all water or waste water facilities which may be added as a
result of annexation of the proposed area shall be maintained by the City of Kennedale, Texas, to
the extent of its ownership.
A. Water Facilities
The now existing water mains at their existing locations shall be available for point of
use extension based upon the~current City's standard water extension policies now existing or as
may be amended. Additionally:
(1) Water will be provided at city rates. New lines will be extended in accordance with city
ordinances and policies at the applicable expense.
c:\citysec\council\ordinan\annex(8-9-99) Exhibit "B" Page 1
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(2) Adequate water for fire protection will be made available to the area. Fire hydrants will be
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B. Waste Water Facilities
The now existing sewer lines at their existing locations shall be available for point of use
extension based upon the current standard sewer extension policies now existing or as amended.
5. MAINTENANCE OF ROAD AND STREETS
On the effective date of annexation, any and all roads, streets or alleyways, if any, which
have been dedicated to the City of Kennedale, Texas, or which are owned by the City of
Kennedale, Texas, shall be maintained to the same degree and extent that other roads, streets and
alleyways are maintained in areas with similar topography, land use and population density. Any
and all lighting of roads, streets and alleyways, if any, which may be positioned in a right-of-
way, roadway or utility company easement shall be maintained by the applicable utility company
servicing the City of Kennedale, Texas, pursuant to the rules, regulations and fees of such utility.
6. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS
The City Council of the City of Kennedale, Texas, is not aware of the existence of any
parks, playgrounds or public swimming pools now located in the areas proposed for annexation.
In the event any such parks, playgrounds or swimming pools do exist and are public facilities,
the City of Kennedale, Texas, will maintain such areas to the same extent and degree that it
maintains parks, playgrounds and swimming pools and other similar areas now incorporated in
the City of Kennedale, Texas.
7. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY, BUILDING OR
MUNICIPAL SERVICE
The City Council of the City of Kennedale, Texas, is not aware of the existence of any
publicly owned facility, building or other municipal service now located in the areas proposed
for annexation. In the event any such publicly owned facility, building or municipal service does
exist and are public facilities, the City of Kennedale, Texas, will maintain such areas to the same
extent and degree that it maintains publicly owned facilities, buildings or municipal services of
the City now incorporated in the City of Kennedale, Texas.
c:\citysec\council\ordinan\annex(8-9-99) Exhibit "B" Page 2
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1. POLICE PROTECTIONa FIRE PROTECTION & SOLID WASTE COLLECTION
The City Council of the City of Kennedale, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 years of the effective date
of the annexation of the particular annexed areas for the purposes of providing police protection,
fire protection or solid waste collection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection and service
which is presently being administered to other areas already incorporated in the City of
Kennedale, Texas, with the same or similar topography, land use and population density.
2. WATER AND WASTE WATER FACILITIES
An existing water main provides point of use service at the present time. The now
existing sewer lines at their existing locations shall be available for point of use extension based
upon the current standard sewer extension policies now existing or as amended.
3. ROADS AND STREETS
On the date of the annexation of the proposed area the City of Kennedale, Texas, with a
cooperative effort of the City's designated utility company, will undertake to provide the same
degree of road and street lighting as is provided in areas of similar topography, land use and
population density within the present corporate limits of the City of Kennedale, Texas.
Maintenance of properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use and sub
development.
4. MAINTENANCE OF PARKS, PLAYGROUNDS, AND SWIMMING POOLS, AND
THE MAINTENANCE OF ANY OTHER PUBLICLY OWNED FACILITY.
Rili7.nING OR SERVICE
To the extent that it becomes necessary because of development demands, population
growth, and a bona fide need, the City Council of the City of Kennedale, Texas, will undertake to
provide any such facility which it deems necessary to adequately provide for the health and
safety of the citizens of the newly incorporated areas based upon the standard considerations of
topography, land use and population density.
c:\citysec\council\ordinan\annex(8-9-99) Exhibit "B" Page 3
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~~ 5. FLTNDIN SH_Ai L NOT BE INCONSISTENT WITH CHAPTER 395 OF THE LOCAL
~~E (;OVERNMENT CODE
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~, Notwithstanding any other provision of this service plan, a landowner within the newly
's annexed area will not be required to fund capital improvements necessary to provide municipal
1j services in a manner inconsistent with Chapter 395 of the Local Government Code, unless
" ~~' otherwise agreed to by the landowner.
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SPECIFIC FINDINGS
The City Council of the City of Kennedale, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area at the time
immediately preceding the annexation process.
Furthermore, the City Council of the City of Kennedale, Texas, finds and determines the
rural nature of the area is characteristically different from other more highly developed areas
within the corporate limits of the City of Kennedale, Texas. Consequently, because of the
differing characteristics of topography, land utilization and population density, the service levels
which may ultimately be provided in the newly annexed area may differ somewhat from services
provided other areas of the City of Kennedale, Texas. These differences are specifically dictated
because of differing characteristics of the property and the City of Kennedale, Texas, will
undertake to perform consistent with this contract so as to provide this newly annexed area with
the same type, kind and quality of service presently enjoyed by the citizens of the City of
Kennedale, Texas, who reside in areas of similar topography, land utilization and population.
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:; , PAED AND APPROVED ON THIS ~L~l DAY OF 9Q~.
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~` °~4. MAYOR MARK S. T
ATTEST:, .
KATHY TUR2 R, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE
ADOPTED: ~~ ~ " ~~ y
EFFECTIVE: ~~9" 9y
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~^ D199251933
",' CITY OF KENNEDALE
~' PO DRAWER 268
~~?i KENNEDALE TX 76060
r: ~,
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D-- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF KENNEDALE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
200006067 DR92 D W 10/06/1999 14:43
INSTRUMENT FEECD INDEXED TIME
1 D199251933 wD 19991006 14:43 CK 35946*
T O T A L DOCUMENTS: Ol F E E S: 33.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.