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O146 (DENIED)ORDINANCE NO. 146 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TRA 2A05, ABSTRACT 74, THOMAS BEEDY SURVEY; HEREINAFT MORE SPECIFICALLY DESCRIBED BY METES AND BOUN] INTO THE CITY OF KENNEDALE, TEXAS FOR ALL MUNICIP PURPOSES; PROVIDING THAT THIS• ORDINANCE SHALL CUMULATIVE OF ALL ORDINANCES; PROVIDING ~, SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a '] in Tarrant County, created in accordanc with the 1 6avernment Code and operating pursu~nt t th enabling W til~:K1:A~J, a etrrion was su ttea rE was received by thc~,Ci of Kennedale, a such incorporated herein f~ al purposes; an A eeneral~l~w munici of C ter 6 o the Local oft Sta exas; and ~amiexation of a certain tract of land is attached hereto as Exhibit "A", and AS, th ~ ion~es6ribed the area to be annexed by metes and bounds and was the nner required for deeds by each person having an interest in the area; and HE S, notice was published in a newspaper of general circulation on November 7, 1997, gi g notice of public hearings to be held on December 9, 1997, and December 11, 1 ich 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: 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: Tract 2A05, Abstract 74, Thomas Beedy Survey according to the deed recorded in Volume 11436, Page 1645, 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. 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 8TH DAY OF JANUARY, 1998. APPROVED: Mayor Robert P. Mundy ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 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 tract of land, being more particularly 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: The tract in Exhibit "A" is identified as Tract 2A05, Abstract 74, Thomas Beedy Survey; 2. The tract described in Exhibit "A: is one-half mile or less in width and contiguous to the City of Kennedale; 3. The tract described in Exhibit "A" is a residence and has two qualified voters; 4. Presently this tract contains one acre and is not within the city boundaries; This tract described in Exhibit "A" is owned by Floyd S. Moody, and no other entity or person has an ownership interests in said tract. ., , ~-~ Floyd S. Moody STATE OF TEXAS COUNTY OF TARRANT SWORN, SUBSCRIBED and ACKNOWLEDGED before a under my hand and seal of office by FLOYD S. MOODY on this the ~''~~ day of _~~1 F'-~--' .1997. ~= ~, Y~ t4 ~EAl~lE A. TUAPIEEN ltprri 2~ JUOC+ r~._.~ li~i~rra ~ ~ ~ '7 L%'r' Notary Public in and for the State of Texas. My Commission Expires: '~~ ~.~<<'~J Exhibit "A" Being 1.00 acres of land located in the Thomas Beedy Survey Abstract No. 74, Tarrant County, Texas and being a portion of the tract of land described in the deed to Floyd Moody recorded in Volume 11436, Page 1645, Deed Records, Tarrant County, Texas. Said 1.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at an'/2" iron rod imprinted BEASLEY RPLS 4050 at the Southwest corner of said Moody tract; THENCE NORTH 264.82 feet long the West line of said Moody tract to an ''/z" iron rod imprinted BEASLEY RPLS 4050; THENCE N 89°58'30" E 73.55 feet to an ''/z" iron rod imprinted BEASLEY RPLS 4050 ; THENCE South 73.55 feet to an''/2" iron rod imprinted BEASLEY RPLS 4050; THENCE N 89°58'30" E 125.87 feet to an 'h" iron rod imprinted BEASLEY RPLS 4050; THENCE S 00°01'30" 191.27 feet to an '/Z" iron rod imprinted BEASELY RPLS 4050 lying in the South line of said Moody tract; THENCE S 89°58'30" W 199.50 feet along said South line to the point of beginning containing 1.00 acres of land. Exhibit "A" SERVICE PLAN FOR Tract 2A05, Thomas Beedy Survey, Abstract 74 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 T'he 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 the newly annexed area as required within sixty days. 4. MAINTENANCE OF WATER AND WASTE WATER FACILITIES 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 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 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 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 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,.FIRE 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 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. FUNDIN 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" 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 that 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. PASSED AND APPROVED ON THIS $th DAY OF JANUARY, 1998. MAYOR ROBERT P. MUNDY ATTEST: KATHY TURNER, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Exhibit "B" ~~~. ; . . e . yam, _. t 1 `wma r ,~~^> .~. ~~.: rat .~ . ....r Y ~°~--7- t ' :~.L=L=L= ~ ~z , r~ ~:.~~~ ',r'. ~ aJ ~. _ 69 ~w ~'r ~ ' a--L__ F' ~7 _.~ ~, t ~1. r -DK.7a . C I'1'Y 0 k' ~~ ~ENNEDALE _ ZONING MAP ,~ • JANUARY, 1996 ~' ~ GRAPHIC SCALE (n,m> LEGEND A[rlcullunl D/e4icl Sin`le PsmUy Reeid<nUsl Diatrlet (RI) -- O SinHle Family R<ddentfal Dutrict (R2) '~'v I ~ _ ~ Hin^le Pamily Residential Dlatrict (R9) A ~~ ~ ~~!'~~'I r Old Town Die4ict - '- Two Family (Duple:) RcNdeoUal Die4ict ' °° Multi-Family DLlrict Manufactured Home Die4ict ~. Restricted Commercial Die4ict '~ ' General Commercial District ~c ~ ~ lndwfrlel Die4ict .3 i ~,~ ~ ~ - ~~ Plenned Development Die4ict , ... Planned Development k Indue4ial Dutrict t ~ Planned Development k Elnale Pamily ReeidentW Dis4icl (RE) ~ ® Planned Development k RinQle Pamily ReddeoUal D441et (R9) "+ $ __~_ © Plood Plaln DieWet ^ Bwlneu 2R7 Overly Ds41et NQ~ `t. f, i. ® lu Hz4a Territorial Jurledict~on E.T.J. ae ~- ?y ~ C ~ ... !. '.l P I ~e., ~l Rk:: --i - -- ~ tt ~i ; -- ~~l ~ F - ~~~ _ e ~• H T J b - . . ~ ~. ~ i S ' ,r r, ~, v ~< r ~q, ~~` ~ ~~ i~ ~ ~ ~ % ~, .. ~,~ .r