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_ CITY OF KENNEDALE J
ORDINANCE NO. 162-A
AN ORDINANCE CORRECTING A SCRIVENER'S ERROR IN
ORDINANCE NO. 162; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; 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, on December 10, 1998, the City Council adopted Ordinance No. 162
annexing and extending the boundary of the city limits of the City of Kennedale; and
WHEREAS, prior to the adoption of that ordinance, the City Council considered
annexing and published notice for annexation of a significantly larger tract than annexed
by Ordinance No. 162; and
WHEREAS, after due deliberation, the City Council decided to annex only the tract
clearly depicted on Exhibit "A" to Ordinance No. 162; and
WHEREAS, because of a scrivener's error, Section 1 of Ordinance No. 162
describes the larger area and not the area in fact annexed by Ordinance No. 162; and
WHEREAS, the City Council desires to clarify and correct the scrivener's error
contained in Ordinance No. 162.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 1 of Ordinance No. 162 shall be corrected as follows to describe the area
the Council clearly intended to annex and did in fact annex in Ordinance No. 162:
Section 1.
That all portions of the following tracts of land located in Tarrant County,
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Texas, described as A.C. Bolen Addition -Lot 2A; Abstract 1376, David
Strickland Survey -Tracts 29, 31 B, 31 F, 31 F5, 31 F6, 31 F6A, 13A2, 13,13C,
8A, 8A1, 8A2, 32B 1, 31 F4A, 31 F3, 31 F4, and 32B 1; Abstract 987, M. P.
Lamar Survey -Tract 26, 2A, 2A1, and 2A1A; Abstract 74, Thomas Beedy
Survey -Tracts 2, 2A3, 2A3A, 2A5A, 2A3C, 2A5, 2A5B, 2A5C, 2A5D, 2B2,
2B, and 2B2A3, and 1,455 foot of Pennsylvania Avenue; Abstract 731, W.E.
Haltom Survey -Tract 1 C1; Abstract 1791, W.E. Haltom Survey -Tracts 1 C,
1 C1, 1 C2A, and 1 D; Abstract 1450, M.F. Scott Survey -Tracts 1 and 2;
Abstract 792, James R. Hawkins Survey -Tracts 1, 1 A, 1 A1, 1 A2, 1 E, 1 F,
1 G, 1 H, 1 J, 1 K, 1 L and 1 M; J.M. Estes Home Tracts -Lots 3A-Boundary
Split, 3B-Boundary Split, 4R-Boundary Split, 6A-Boundary Split, 7-Boundary
Split, 8A2-Boundary Split, 8A3-Boundary Split, 9C2,10-Boundary Split,11 A,
11 C-Boundary Split; Oliver Acres Addition -Lots 1 C, 1 B, 1 C1, 1 B1, 2A, 2A1,
2B, 3A and 3B; Boaz, W.J. Subdivision -Lots 8-Boundary Split, 9A-Boundary
Split, and 12-Boundary Split, 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.
This ordinance shall be cumulative of all provisions or ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are indirect conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
Should any section or part of this ordinance, or the application thereof, be held
unconstitutional, illegal or invalid, the constitutionality, illegality, invalidity or ineffectiveness
of such section or part shall in noway 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 4.
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 of any such area shall not affect the effectiveness of this ordinance as to the
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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.
SECTION 5.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS ~ DAY OF
~i°1~-~~,,,~'' _ , 1999.
f
MAYOR
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ATTEST: -
______--
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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