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CITY OF KENNEDALE SrC~~~.~f~~`~, y ~~~ Y.
ORDINANCE NO. 136
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF LOT 3,
RACEWAY ESTATES INCLUDING KENNEDALE-NEW HOPE
ROAD; HEREINAFTER MORE SPECIFICALLY DESCRIBED BY
METES AND BOUNDS, 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 Type A general-law municipality located
in Tarrant County, created in accordance with the provisions of Chapter 6 of the Local
Government Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, a petition was submitted requesting annexation of a certain tract of land
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
aclrnowledged 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 May 29,
1997, giving notice of public hearings to be held on June 10, 1997, and June 12, 1997, 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-half 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
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:
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SECTION 1.
That all portions of the following tracts of land located in Tarrant County in Texas, not
currently located within the corporate limits of the City of Kennedale, 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: Lot.3, Raceway Estates including Kennedale-New Hope Road
according to the deed recorded in Volume A, Page 2059, Deed Records of Tarrant County Texas,
and more particularly described by metes and bounds in Exhibit "A".
SECTION 2.
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.
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 4.
Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or
the application thereof 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; and
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 all of the remainder of such
area, and 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 ordinances, regardless of whether any other
part of such described area is hereby 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 of 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 hereby annexed as fully as if such excluded and excepted area were expressly described
herein.
SECTION 5.
The City Secretary of the City of Kennedale is hereby directed to engross and enroll this
ordinance by copying the caption, publication clause and effective date clause in the minutes of
the City Council and by filing the ordinance in the ordinance records of the City.
1
SECTION 6.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 10th DAY OF JULY, 1997.
City Secretary
APP/R~O~ V/fED AS TO FORM AND LEGALITY:
W I L l~i~
CITY ATTORNEY
APPROVED:
Ci/~2%~v G'~~Y
Mayor Robert P. Mundy
3
PETITION FOR ANNEXATION
SPATE OF TEXAS
COUNTY OF TA,RRANT
To the Mayor and Governing Body of the Ciry of Kennedale, Tarrant County, Texas:
The uadersigned owner of the herinafter described tract of land, being more particularly
described by Metes aad Bounds in Exhibit "A", attatched hereto and incorporated herein
by reference for all purposes of this Petition, does hereby petition your Honorable Body to
annex all parts of the enure above referencedtract to be included within the incorporated
City of Kennedate, Texas and does hereby and certify the following:
1. The tract in Exhibit "A" is identified as Lot 3 of RACEWAY ESTATES,
Addition to Tarrant County, Texas, according to the plat thereof recorded in
Cabinet A, Slide 2059, of the Plat Records of Tarrant County, Texas.
2. The tract described in Exhibit "A" is one-half mile or less in width and
contiguous to the Ciry of Kennedale; and
The tracx described in Exhibit "A" is a residence and has two qualified
voters; and
4. Presently this tract contains 2 acres and is not within the city boundaries;
and
5. This tract described in Exhibit "A" is owned by Ronny E. Peterson and
Hope Racine Hutchison, and no other entity or persoa has an ownership
interest in said tract.
Yv
Rcrmy P~.erson _ . :z bison
STATE OF TEXAS
COUNTY OF TAR1ItANT
SWORN, SUBSCRIBED and ACKNOWLEDGED before me under my head and
seat of office by Roney E. Peterson and Hope R. Hutchison on this theme day of
~l~-, 1997.
iccrti-r
,~k~~;y KATHERINE A. TURNER
:,, ~_ r~l (XIM~SSION EXPIRES Notary Public in and for the
-.~~,,,,.;~;;, ; r ~'~~ 24, ~ooo State of Texas
EXHIBIT 'A'
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ANNEXATION EXHIBI"T ~ A
TRACT DESCRIPTION
BEGINNING at a point for the southeast corner of Lot 3, Raceway Estates, an addition to
Tarrant County, as recorded in Cabinet A, Slide 2059, Plat Records, Tarrant County,
Texas, said point being in the west right-of--way line of Kennedale-New Hope Road;
THENCE Westerly, along the south line of said Lot 3, to a point being its southwest
" corner;
THENCE Northerly, along the west line of said Lot 3, to a point being its northwest
corner;
THENCE Easterly, along the north line of said Lot 3, to a point being its northeast
corner, and being in the west right-of--way line of Kennedale-New Hope
Road;
THENCE Northerly, along said west right-of--way line, to a point for corner, said
point being due west of the existing city limit line of the City of
Kennedale;
THENCE East, passing a southwest corner of the city limit of the City of Kennedale
and continuing along said city limit, to a point for corner in the east right-
of-way line of said Kennedale-New Hope Road.
THENCE Southeasterly, along said east right-of--way line, to a point for corner, said
point being at the intersection of said east right-of--way line and the
extension of the south line of Lot 1 of said Raceway Estates;
THENCE Westerly, to a point being the southeast corner of Lot 1, said point being in
the west right-of--way line of said Kennedale-New Hope Road;
THENCE Northerly, along said west right-of--way line to the POINT OF
BEGINNING, and containing 4.8 acres of land, more or less.
F:\W ORD\LEGALSUCennedale.Annex.wpd
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CITY OF KENNEDALE
ANNEXATION EXHIBIT 'A'
JUNE, 1997
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SERVICE PLAN FOR
LOT 3, RACEWAY ESTATES INCLUDING KENNEDALE-NEW HOPE ROAD
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 azeas
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 azeas of the City of
Kennedale, Texas, with similar topography, land use and population chazacteristics. Further, the City of
Kennedale Fire Department will respond to all dispatched calls and requests for service or assistance within
the newly annexed azea. No additional personnel or equipment will be required at this time to provide full
fue protection services to the azea 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) 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.
EXHIBIT 'B'
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
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 maybe positioned in aright-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
T'he 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'
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1. POLICE PROTECTION FIRE PROTECTION & SOLID WASTE COLLECTION
The City Council of the City of Kennedale, Texas, fords 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 PARKS, PLAYGROUNDS, AND SWIMMING POOLS. AND THE
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.
5. FUNDING SHALL NOT BE INCONSISTENT WITH CHAPTER 395 OF THE LOCAL
GOVERNMENT CODE.
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.
EXHIBIT 'B'
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SPECIFIC FINDINGS
The City Council of the City of Kennedale, Texas, fmds 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, fmds 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 i;ity 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.
PASSED AND APPROVED ON THIS 1Q~h DAY OF JULY, 1997.
~~~f
MAYOR ROBE P. MUNDY
ATTEST:
r'.._^ ~
KATHY ER, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: ~ ' Z- 2'"!17
ADOPTED: ~' /G' ~~
EFFECTIVE: 7 ~ Z2 `" `~'7
4
EXHIBIT 'B'
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D197188466
~:',. CITY OF KENNEDALE
r~'F PO DRAWER 2 6 8
KENNEDALE TX 76060
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-WARN 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
198008101 DR93 T008322 10/09/97 08:25
INSTRUMENT FEECD INDEXED TIME
1 D197188466 WD 971009 08:25 CK 28665
T O T A L DOCUMENTS: O1 F E E S: 27.00
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.