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CITY OF KENNEDALE
ORDINANCE NO. 132
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SECRETARY'S COSY
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TRACTS 1D, 1G
AND A PORTION OF TRACT lE, ABSTRACT 731, W.E. HALTOM
SURVEY; LOT 1, BLOCK 16, AND A PORTION OF LOT 2, BLOCK 16,
ROLLING ACRES ADDITION; HEREINAFTER MORE SPECIFICALLY
DESCRIBED BY METES AND SOUNDS, 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-lat^>
rmani:-ipality located in Tarrant County, created in accordance with thr
prn~;sions of Chapter 6 of the Local Government Code and operatinG
r~ur~uant to the enabling legislation of the State of Texas; and
WHEREAS, a petition was submitted requesting annexation of :~
c~er. fain tract of land was received by the City of Kennedale, and such
Petition is attached hereto as Exhibit "A", and incorporated herein for
all p~.rposes ; and
WHEREAS, the Petition described the area to be annexed by meter
and bounds and was acknowledged in the manner required for deeds by eac~~.
~_~er_son having an interest in the area; and
WHEREAS, notice was published in a newspaper of genera].
circulation on April 24, 1997, giving notice of public hearings to be
held on May 6, 1997, and May 8, 1997, at which time such public hearings
t,~ere held in accordance with the requirements of Chapter 43 of the Local
~ovArnmPnt Code; and
WHEREAS, at the time of consideration of this ordinance, not 1~s=:,
than 2(~ nor more than 40 days have passed since the time of such p~.zhlic
hearings; and
WHEREAS, all of the property described herein is adjacent to ar~'1
-%i thin one-half mile of the present city limits of the City- ~`
Kennedale, Texas, and not within the extraterritorial jurisdiction "f
a.ny other city; and
WHEREAS, a Service Plan has been prepared and presented at th~~
}?ublic 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:
SECTION 1.
'Phat all portions of the following tracts of land located r:
Tarrant County in Texas, not currently located within the corporar=
limits of the City of Kennedale, are hereby annexed to the City of
Fennedale as a part of the City for all municipal purposes, and the city,.
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imits are hereby exten
ed to include
uch territory: Tracts 1D, 1G and
E=~. a portion of Tract 1E, Abstract 731, W.E. Haltom Survey; Lot 1, Bloc):.
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16, and a portion of Lot 2, Block 16,
Rolling Acres Addition, according
~° t..o the deed recorded in Volume 388-16, Page 17, Deed Records of Tarrant
~, County Texas, and more particularly described by metes and bounds in
-
~~:: Exhibit "A".
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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
""~' al l 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
t:he 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.
nor_ 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
xcep*ed from the territory to be i~ereby ar:nexed as Fully as if such
excluded and excepted area were expressly described herein.
SECTION 5.
The City Secretary of the City of Kennedale
engross and enroll this ordinance by copying the
clause and effective date clause in the minutes of
by filing the ordinance in the ordinance records o
is hereby directed to
caption, publication
the City Council and.
f the City.
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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 12th DAY OF JUNE, 1997.
APPROVED:
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~- ~ ~~ ~ Mayor Rob rt P. Mundy
A'PTEST
Cit Sec tary
APPROVED AS TO/FO-R_M AND LEGALITY:
CI'P`.i ATTORNEY
3
PETITION FOR ANNEXATION
STATE OF TEXAS
COUNTY OF TARRANT
To the Mayor and Governing Body of the City of Kennedale, Tarrant County, Texas:
The undersigned owner of the hereinafter described tracts of land, being more particulazly described by
Metes and Bounds in Exhibit "A", attached hereto and incorporated herein by reference for all purposes of
this Petition, does hereby petition your Honorable Body to annex all parts of the entire above referenced tract
to be included within the incorporated City of Kennedale, Texas and does hereby certify and represent the
following:
1. The tracts in Exhibit "A" are identified as Tracts, 1D, 1G and a portion of Tract lE, Abstract 731, W.E.
Haltom Survey, and Lot 1, Block 16, and a portion of Lot 2, Block 16 in the Rolling Acres Addition; and
2. The tracts described in Exhibit "A" aze one-half mile or less in width and contiguous to the City of
Kennedale; and
3. The tracts described in Exhibit "A" aze vacant and contain no qualified voters; and
4. Presently these tracts tota145 acres and aze not within the city boundaries; and
5. The following tracts described in Exhibit "A" are owned by the Kennedale Independent School District
and no other entity or person has an ownership interests in said tracts.
6. 1, Terry M. Horton, am the duly authorized agent for the Kennedale Independent School District, and as
such am fully authorized to execute this petition on behalf of the school dis~tr~ict.
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Terry M. Orton
Superintendent, KISD
STATE OF TEXAS
COUNTY OF TARRANT
SWORN, SUBSCRIBED and ACKNOWLEDGF,ll before me under my hand and seal of office by
Kennedale Independent School District on this the. day of _, 1997.
JEANETTE, ' ..
a NOTARY P B IC
* ~ ~ State of Texas Not blic in and for the State of Texas.
~~Yt~ Comm. Exp. 08-18-99
EXHIBIT "A"
BEING 45.000 acres of land located in the W.E. HALTOM SURVEY, Abstract
No. 731, Tarrant County, Texas, and also containing all of Lot 1, Block
16, and a portion of Lot 2, Block 16, ROLLING ACRES, an addition to the
City of Arlington, Tarrant County, Texas, according to the plat recorded
in Volume 388-186, Page 17 of the Plat Records of Tarrant County, Texas.
Said 45.000 acres being more particularly described by metes ad bounds,
as follows:
BEGINNING at a brick monument found at the Southwest corner of the
property designated as Tract III, in the deed to Liberty
Joint Venture, recorded in Volume 11814, Page 2297 of the
Deed Records of Tarrant County, Texas. Said point of
Beginning also being the Southeast corner of the tract of
land conveyed to Thurman R. Henry, and wife, Barbara Henry,
by the deed recorded in volume 4051, Page 444 of the Deed.
Records of Tarrant County, Texas;
THENCE N 00°08'59" E 1,755.62 feet along the West boundary line of
said Tract III and the East boundary line of said Henry
Tract, and also the East boundary line of the tract of land
conveyed to Merle M. Caruthers, and wife, Dorothy Caruthers,
by the deeds recorded in Volume 3235, Page 192, and Volume
9903, Page 537 of the Deed Records of Tarrant County, Texas,
to a 1/2" iron rod set;
THENCE S 89°51'01" E 913.17 feet severing said Tract III to a 1/2"
iron rod set;
THENCE N 25°35'31" E 257.16 feet to a 1/2" iron rod set in the
Northeast boundary line of aforesaid Lot 2, Block 16, ROLLING
ACRES, being the West right-of-way line of Treepoint Drive (a
70 foot wide right-of-way);
THENCE along the West right-of-way line of said Treepoint Drive,
being the East boundary line of aforesaid Tract III, as
follows:
1. SOUTHEASTERLY 649.06 feet along a curve to the Right,
having a radius of 585.18 feet, a central angle of 63°33'00"
and having a chord bearing S 32°37'58" E 616.29 feet to
1/2" iron rod found at the end of said curve;
2. S 00°51'30" E 216.62 feet to a 1/2" iron rod found at the
beginning of a curve to the Right;
3. SOUTHWESTERLY 536.22 feet along said curve to the Right,
having a radius of 646.80 feet, a central angle of 47°30'02"
and a chord bearing S 22°53'30" W 521.00 feet to a 1/2" iron
rod found at the end of said curve;
4. S 46°38'30" W 495.00 feet to a 1/2" iron found at the
beginning of a curve to the Left;
5. SOUTHWESTERLY 466.75 feet along said curve to the Left,
having a radius of 952.00 feet, a central angle of 28°05'28"
and a chord bearing S 32°35'36" W 462.09 feet to a 1/2" iron
rod found at the end of said curve;
Exhibit "A"
6. S 18°33'02" W 45.16 feet to a 1/2" iron rod found at the
most Southerly Southeast corner of said Tract III;
THENCE N 89°49'06" W 374.83 feet departing said right-of-way line,
and running along the South boundary line of said Tract III,
being the North boundary line of the tract of land conveyed
to Western Savings Association, by he deed recorded in Volume
9110, Page 2292 of the Deed Records of Tarrant County ,
Texas, to a 1/2" iron rod found at the Northwest corner o~
said Western Savings Association Tract;
THENCE N 89°34'58" W 163.72 feet along the South boundary line of
said Tract III to the PLACE OF BEGINNING, containing 45.000
acres of land.
Exhibit "A"
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ARLINGTON CITY LIMITS
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EXHIBIT "A "
TRACT TO BE DISANNEXED FROM ARLINGTON
AND ANNEXED BY KENNEDALE
45.000 ACRES
SERVICE PLAN FOR
KENNEDALE I.S.D.
Tracts iD, 1G and a portion of Tract lE, Abstract 731, WE Haltom Survey;
Lot 1, Block 16, and a portion of Lot 2, 81ock 16, Rolling Acres Adda.
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
new7_y 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) Water will be provided at city rates. New lines will be extended
in accordance with city ordinances and policies at the applicable
expense.
Exhibit "B"
(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. MAINTENANCE OF ROAD AND STREETS
i~dithin sixty days of the effective date of annexation, any and all
roads, streets or alleyways, if any, which have been dedicated to the
Citl= 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 c>f
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,
'Pexas, 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.
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Exhibit "B"
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CAPITAL IMPROVEMENTS PLAN
1. POLICE PROTECTION, FIRE PROTECTION & 30LID WASTE COLLECTION
The City Council of the City of Kennedale, Texas, finds and
determines it to be unnecessary to acquire or construct any capita].
impro~,>ement 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
i~se 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.
3
Exhibit "B"
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.
4
Exhibit "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
r_ewly 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.
PASSED AND APPROVED ON THIS 12th DAY OF JUNE, 1997.
MAYOR ROBE T MUNDY
ATTEST:
KATI~Y TUR ER, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
1,~~ ate----
CITY ATTORNEY
DATE : ~ ' '~~~ ~/
ADOPTED: ~-„2~~'~/~
EFFECTIVE: ~ =Zy~-9~
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Exhibit "B"
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~~~- D197188460
~~"~ CITY OF KENNEDALE
E~ o PO DRAWER 2 6 8
.. KENNEDALE TX 76060
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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 R 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
198008095 DR93 T008322 10/09/97 08:24
INSTRUMENT FEECD
1 D197188460 WD
T O T A L DOCUMENTS: O1
INDEXED TIME
971009 08:24 CK 28665
F E E S: 31.00
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.