O549ORDINANCE NO. 549
AN ORDINANCE VACATING AND ABANDONING A CERTAIN PORTION OF
RIGHT -OF -WAY FOR JOPLIN ROAD AND J R HAWKINS ROAD IN THE CITY
OF KENNEDALE, TEXAS, DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING A SEVERABILITY
CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, 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, the city council of the City of Kennedale, after careful study and
consideration, has determined that certain portions of right -of -way in Joplin Road and J R
Hawkins Road in the City of Kennedale, hereinafter more specifically described, is not being
used by, nor useful or convenient to the public in general; therefore, it constitutes a public
charge without a corresponding public benefit, and the public would be better served and
benefitted by its vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest or ownership
of the public in said right -of -way, the city desires to execute this ordinance releasing all title,
ownership and control in said right -of -way to Sidney DaSilva.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The following right -of -way is hereby vacated and abandoned as public property: portions of
right -of -way along Joplin Road and J R Hawkins Road located in L. C. Rayburn's Subdivision in
the B Jopling Survey, Abstract No. 866, Kennedale, Tarrant County, Texas, said right -of -way
being shown and described in Exhibit "A" attached hereto. The right -of -way is not being used
by, nor useful or convenient to the public in general. It constitutes a public charge without a
corresponding benefit, and the public would be better served and benefitted by its vacation and
abandonment. The right- of -way so vacated and abandoned shall be conveyed via quitclaim
deed to Sidney DaSilva, dba Equity One Group.
SECTION 2.
It is hereby declared to be the intention of the city council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3.
This ordinance shall be in full force and effect from and after its passage, and it is so ordained.
PASSED AND APPROVED THIS _ DAY OF JUNE 2014
Mayor Brian Jo son
ATTEST:
City Secretary Amethyst G. Sloane
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APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
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Notice of Public Hearing(s)
The Kennedale City Council will hold a public hearing for the following case(s) on Thursday, June 12,
2014 at 7:00 P.M. in the Kennedale City Council Chambers, located at 405 Municipal Drive,
Kennedale, Tarrant County, Texas 76060.
CASE PZ # 14 -03 to receive comments and consider action on a request by Sidney DaSilva, DBA
Equity One Group, for the City of Kennedale to vacate 0.1192 acres of public right -of way
located adjacent to property at 1453 J R Hawkins Rd, L C Rayburn's Subdivision Remainder Lot
6, Kennedale, Tarrant County, as shown in a deed of record in Vol. 10782 p. 1561, Tarrant
County.
All citizens are encouraged to attend the hearing(s) to offer public comments or may provide written
comments to the City Secretary's Office, 405 Municipal Dr., Kennedale, TX 76060, prior to the
hearing. For additional information, please call Amethyst Sloane, City Secretary at 817.985.2104
NOTE: This meeting was originally scheduled for the April 10 meeting but has been rescheduled for
June 12, 2014.
CERTIFICATION
I certify that a copy of this April 10, 2014, public hearing notice was posted on the City Hall bulletin board next
to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place
convenient and readily accessible to the general public at all times and said agenda was posted at least 72
hours preceding the schedule time of said meeting, in accordance with Chapter 551 and of the Texas
Government Code and Section 17 -304 of the Kennedale City Code.
Amethyst G. Sloane, City Secretary
t 1 1 s B - 1 1 BEERIMM 1: