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ORDINANCE NO. 165
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TRACT
OF LAND HEREINAFTER MORE SPECIFICALLY DESCRIBED
INTO THE CITY OF KENNEDALE, TEXAS, EXTENDING THE
BOUNDARY LIlVIITS OF THE CITY OF KENNEDALE FOR ALL
MUNICIPAL PURPOSES; PROVIDING FOR RIGHTS AND DUTIES
OF OWNERS AND INHABITANTS IN THE NEWLY ANNEXED
AREA; PROVIDING FOR REVISIONS OF THE OFFICIAL MAP AND
THE FILING OF SAID MAP; PROVIDING FOR THE APPROVAL OF
A SERVICE PLAN FOR THE NEWLY ANNEXED AREA; PROVIDING
THAT TffiS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR AREAS EXCEPTED FROM ANNEXATION; 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, notice was published in a newspaper of general circulation on October 29,
1998, giving notice of public hearings to be held on November 10, 1998, and November 12,
1998, 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:\files\citysec\ord\annexa(11-16-98)
SECTION 1.
ANNEXATION
That all portions of the following tracts of land located in Tarrant County in Texas,
described as Raceway Estates, Lots 1, 2, 4, 5, and 6; Abstract 1327, Robert C. Richey Survey
- Tracts 1C, lAl, 1B, 1, lA, and 1B1; 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 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 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, P.O. Box 12887, Austin,
Texas, 78711; and
c:\files\citysec\ord\annexa(11-16-98) 2
c. Sales Tax Division, Comptroller of Public Accounts, Capital Station, Austin, Texas
78711.
In addition, the City Secretary is directed to notify all utility companies serving the City
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.
c:\files\citysec\ord\annexa(11-16-98) 3
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 TffiS 10th DAY OF DECEMBER 1998.
City Secre
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
APPROVED:
Mayor, ark S. Wright
c:\files\citysec\ord\annexa(11-16-98) 4
For Exhibit
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SERVICE PLAN FOR
Areas within and contiguous to the City of Kennedale
FOR SERVICE WITHIN SIXTY (60) DAYS
OF THE EFFECTIVE DATE OF ANNEXATION
1. POLICE PROTECTION
Within sixty days, 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 AND 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
Exhibit "B"
~(1) Water will be provided at city rates. New lines will be extended
in accordance with city ordinances and policies at the applicable
expense.
(2) Adequate water for fire protection will be made available to the
area. Fire hydrants will be installed according to established city
ordinances and policies as needed.
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. MAINTSNANCB OF ROAD AND STREETS
Within sixty days of 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.
2
Exhibit "B"
CAPITAL IMPROVEMENTS PLAN
1. POLICE PROTECTION FIRS 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
Within 2 years from 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. Such work shall be completed
within 4 1/2 years. 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 PARRS PLAYGROUNDS AND SWIMMING POOLS, AND THS
MAINTENANCE OF ANY OTHER PUBLICLY OWNED FACILITY, BUILDING 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.
3
Exhibit "B"
•,
. 5. FIINDING SHALL NOT BE INCONSISTENT WITH CHAPTER 395 OF THE LOCAL
GOVERNMENT CODS.
Notwithstanding any other provision of this service plan, a
landowner within the newly annexed area will not be required 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.
4
Ezbibit "B"
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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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"~ ',PASSED AND APPROVED ON THIS ~ DAY OF ~ ~; 19~$.
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'fit ~ MA OR MARK S . WRIG
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KATHY TURNER, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE : Ia--- ~ ~ _ / U
ADOPTED : ~c~ ~Q °~'~
EFFECTIVE : /v1 /G ' ~~
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Exhibit "B"
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~~~ CITY OF KENNEDALE
~~ P 0 BOX 268
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'~ -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 RAN T C O U N T Y T E X A S
S U Z ANN 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
199216417 DR93 J P 04/13/1999 10:37
INSTRUMENT FEECD INDEXED TIME
1 D199092090 WD 19990413 10:37 CK 34529*
T O T A L DOCUMENTS: O1 F E E S: 41.00
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.