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O519ORDINANCE NO. 519 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF AN APPROXIMATE 0.723 ACRE TRACT OF LAND BEING A PORTION OF A TRACT OF LAND LOCATED IN THE E.R. MINGUS SURVEY, ABSTRACT NO. 1114, TARRANT COUNTY, TEXAS 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 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, notice was published in a newspaper of general circulation on February 28, 2013 giving notice of public hearings to be held on March 13, 2013 and March 14, 2013, 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 tine 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 present at the public hearings; and is attached to and adopted with this ordinance as Exhibit "A "; 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: SECTION 1. ANNEXATION That all portions of the following tract of land located in Tarrant County, Texas, described as: an approximate 0.723 portion of a tract of land located in the E.R. Mingus Survey, Abstract No. 1114, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the North line of said Mingus Survey, lying N88 °47'52 "E, a distance of 294.94 feet from the Northwest corner of said Mingus Survey, said point by City of Kennedale ordinance dated January 13, 1949, Lying East 100 yards from said Northwest corner of Mingus Survey; Page 1 THENCE N88 0 47'52 "E, a distance of 403.23 feet along said North line of Mingus Survey to a point in the Northerly line of the 62.156 acre tract of land described in the deed to Riverview Development Corporation recorded in Volume 13850, Page 316, Deed Records, Tarrant County, Texas, as shown on exhibit in City of Kennedale Ordinance No. 176; THENCE along said Northerly line of 62.156 acre tract as follows: 1. Southwesterly, 19.64 feet along a non - tangent curve to the right, having a radius of 229.63 feet, a central angle of 04 °53'58" and a chord bearing S65 °33'05 "W, 19.63 feet to a point; 2. S67 °55'20 "W, passing the Northwest corner of said 62.156 acre tract, and the Northeast corner of a 12.691 acre tract described in said deed to Riverview Development, in all continuing along the Northerly line of said 12.691 acre tract a distance of 414.38 feet to an 1/2" iron rod found at the Northwest corner of said 12.691 acre tract, said iron rod being in the West line of said tract described in City of Kennedale ordinance dated January 13, 1949; THENCE N00 I "W, a distance of 155.42 feet along said West line to the point of beginning, containing 0.723 acres of land. The bearings recited hereon are oriented to NAD 83 North Central Texas zone. ,and more specifically described and depicted in Exhibit "B" attached hereto and incorporated herein for all purposes, is hereby annexed to the City of Kennedale as a part of the City for all municipal purposes, and the city limits are hereby extended to include such territory. SECTION 2. SERVICE PLAN The Service Plan, attached hereto as Exhibit "A ", 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 City Manager is Page 2 directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City of Kennedale 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 Tarrant County within 30 days after the date of preclearance by the U.S. Department of Justice; b. The Secretary of State, Statutory Documents Division, PO Box 12887, Austin, Texas 78711; and C. Sales Tax Division, Comptroller of Public Accounts, Capital Station, Austin, Texas 78711. 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 of 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 of 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 into the City of Kennedale, such ineffectiveness of this ordinance as to any such part of 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 Page 3 any part of such described area is hereby not effectively annexed into the City. Provided, further, that if there is included within the general description of territory set out in Section I of this ordinance to be hereby annexed to the City of Kennedale any lands or area which area presently part of the included within the limits of the City of Kennedale, or which are presently pant 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. 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 IITH DAY OF APRIL, 2013. ATTEST: V- X �! (1, r t J hn Clark, Mayor Page 4 "EXHIBIT A" MUNICIPAL SERVICE PLAN Annexation of the site of the previous Bowman Springs Bridge, being approximately 0.723 acres of land, which is currently maintained by Tarrant County. Services to be Provided upon the Effective Date of Annexation FIRE AND AMBULANCE SERVICE The City of Kennedale, Texas will provide, or cause to be provided, fire protection and ambulance service to the newly annexed tract 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. POLICE AND ANIMAL CONTROL The City of Kennedale, Texas will provide, or cause to be provided, police protection and animal control service to the newly annexed tract 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. WATER AND WASTEWATER AND MAINTENANCE OF SAME The City of Kennedale will provide, or cause to be provided, water and wastewater service to the newly annexed tract 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. Any and all water or wastewater 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 and wastewater facilities, which may be acquired subsequent to the annexation of the proposed area, shall be maintained by the City of Kennedale, Texas, to the extent of its ownership. ROADS AND STREETS AND MAINTENANCE OF SAME Any and all roads, streets, or alleyways that 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, population, and density. Any and all lighting of roads, streets, and alleyways that 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 current rules, regulations, and fees of the City of Kennedale, Texas. SOLID WASTE Page 5 The City of Kennedale will provide, or cause to be provided, solid waste service to the newly annexed tract 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, to the extent that the City has access to the area to be serviced. MAINTENANCE OF LIBRARIES, PARKS, PLAYGROUNDS, AND SWIMMING POOLS No libraries, parks, playgrounds, or swimming pools are now located in the area proposed for annexation. In the event any park, playground, or swimming pool is created and is a public facility, 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 of the City now incorporated in the City of Kennedale, Texas. STORM WATER The City of Kennedale will provide, or cause to be provided, storm water maintenance to the newly annexed tract 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. MAINTENANCE OF PUBLIC 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 facilities, buildings, or other municipal service now located in the area proposed for annexation. In the event any such publicly owned municipal facility, building, or municipal service does exist and are public facilities, the City of Kennedale, 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. The City policy for extending water and wastewater service is to extend service on an as required basis when development applications or subdivision plans are submitted to the City in accordance with the City's subdivision and development ordinances. Landowners may be required to fund capital improvements necessary to provide service in a manner consistent with law. Nothing in this plan shall be interpreted to require a landowner within the newly annexed area to fund capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 of the Local Government Code, unless otherwise agreed to by the landowner. Page 6 POLICE PROTECTION, FIRE PROTECTION, AND EMERGENCY MEDICAL SERVICES The City Council of the City of Kennedale, Texas finds and determined it to be unnecessary to acquire or construct any capital improvements for the purposes of providing police protection, fire protection, or emergency medical service. 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, without reducing by more than the negligible amount of the level of fire, police, and without reducing by more than the negligible amount of the level of fire, police, and emergency medical services provided within the corporate limits of the City. WATER FACILITIES AND SERVICES The City Council of the City of Kennedale, Texas, has determined it to be unnecessary to acquire or construct any capital improvements for the purposes of providing water service. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind, and level of water 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, without reducing by more than the negligible amount of the level of water service provided within the corporate limits of the City. SEWER SERVICE The City Council of the City of Kennedale, Texas, has determined it to be unnecessary to acquire or construct any capital improvements for the purposes of providing sewer service. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind, and level of sewer 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, without reducing by more than the negligible amount of the level of sewer service provided within the corporate limits of the City. ROADS AND STREETS The City Council of the City of Kennedale, Texas, has determined it to be unnecessary to acquire or construct any capital improvements for the purposes of providing roads and streets. The area to be annexed has no structures, will not have structures built upon it, and is already accessible by existing roads and streets at the same level of service presently being administered to areas already within the corporate limits of the City. Page 7 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. 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 the services provided in 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, consistent with this Plan, to provide the 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. Page 8 "EXHIBIT B" Page 9