O125t
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OF FICIAL CITY
SECRETARY'S COPY"
CITY OF KENNEDALE
ORDINANCE NO. 125
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF LOTS 1R, 2R, 3,
4, 5, 6, and 7, BLOCK 1, CLAIREMONT COURT, 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 operati_nq
pursuant to the enabling legislation of the State of Texas; and
WHEREAS, a Petition submitted by Mr. Daniel Ortiz requestin_
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 acknowledged 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 December 26, 1996, giving notice of public hearings to be
held on January 7, 1997, and January 9, 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 thy=
public hearings; and
WHEREAS, all requirements of law have been met to require thi.
annexation, including compliance with the provisions of Chapter 43 ct
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 cerporat-
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: Lots 1R, 2R, 3,
4, 5, 6, and 7, Block 1, Clairemont Court, , according to the deed
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recorded in Volume 5882, Page 274, 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 an,,
other part of such described area is hereby effectively annexed tc the
City. Provided, further, that. if there is included W i - h In the c,ernera.
desc-ription of territory set out in Section 1 of this ordinance
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.
2
,:. SECTION 6.
r..4 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 13 DAY OF FEBRUARY, 1997.
t a, APPROVED:
� 2
r= Mayor Robert P. Iffundy
ATTEST
s
City Secretary
APPROVED AS TO FORM AND LEGALITY:
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- Lots I and 2, Bock t, CLAIREMON`f COURT all Addition Io'I "arrant ('c�nntr,'1'c�as• according io thc`11aI
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EXHIBIT ".A��.
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 particularly described by Metes and Bounds in Exhibits "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 tracts 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 Lots 1R, 2R, 3, 4, 5,
6, and 7, Block 1, Clairemont Court; and
2. The tracts described in Exhibit "A" are one -half mile or less in
width and contiguous to the City of Kennedale; and
3. The tracts described in Exhibit "A" are vacant and without residents
or have less than three qualified resident voters; and
4. Presently these tracts contain 5.5 acres and are not within the city
boundaries; and
5. The tracts described in Exhibit "A" are owned by Ortiz Properties,
Inc., and no other entity or person has an ownership interest in
said tracts; and
6. I, Daniel A. Ortiz, am the duly authorized President of Ortiz
Properties, Inc. and as such am fully authorized to execute this
petition on behalf of the corporation.
ORTIZ PROPERTIES, INC-
Daniel A. Ortiz
President
STATE OF TEXAS
COUNTY OF TARRANT
SWORN, SUBSCRIBED and ACKNOWLEDGED before me under my hand and
seal of office by Daniel A. Ortiz on this the a ?, day of
�C.G 1996.
Notary Public in and for
YVONNE PIKULINSKF
the State of Texas
1•r - 1• My COMMISSION EXPIRES
?sf November 20, 2000
EXHIBIT "A"
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SERVICE PLAN FOR
Lots 1R, 2R, 3, 4, 5, 6 and &, Block 1, Clairemont Court
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
y #; 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 a t-
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 ()f
Kennedale, Texas, to the extent of its ownership.
A. Water Facilities
The now existing water mains at their existing locations shall he
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 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 PARRS, 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 no"
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 swimminq
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
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
-t to provide the same type, kind and level of protection and service whic}z
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 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
3 '
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.
SPECIFIC FINDINGS
The City Council of the City of Kennedale, Texas, finds aria
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 i.n 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
diff.mrent from other more highly developed areas within the corporate
1 of , he ,City or K nnect3;_t5 , i'exas . Consequently, because oI. to
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.
PASSED AND APPROVED ON THIS 13th DAY OF FEBRUARY 1997.
MAYOR ROBERIIPP. MIJNDY
ATTEST:,
KATHY TURN , CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
1,Jk p -
CITY ATTORNEY
DATE: 3 —97 _
ADOPTED: J
EFFECTIVE: 3 - /3- 97
AFPER RECORDING RETURN TO:
CITY SECRETARY'S OFFICE
CITY OF KDMDALE
P.O. BOX 268
MMDALE, TX 76060 -0268
5
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CITY KENNEDALE
PO DRAWER 268
KENNEDALE TX 76060
3
i1 W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD - -D 0
N 0 T D E S T R O Y
I N D E X E D -- T A R R A N T COUNTY T E X A S
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: CITY KENNEDALE
RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME
197227135 DR96 T000224 06/23/97 14:36
INSTRUMENT FEECD INDEXED TIME
1 D197111213 WD 970623 14:36 CK 27754
T O T A L: DOCUMENTS: 01 F E E S: 33.00
B Y: 9
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.
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140 -0230
Phone (817) 478 -4661
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
COUNTY OF TARRANT:
CITY OF KENNEDALE
Publishers Of:
EVERMAN TIMES
KENNEDALE NEWS
FOREST HILL NEWS
SOUTH COUNTY NEWS
BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER CATHEY
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the newspapers for B &B PUBLISHING, INC.
which are weekly newspapers published in Tarrant County, Texas with a general
circulation in the cities of Everman, Forest Hill, Kennedale, and south Tarrant County
and that a copy of:
Pub. Notice re: Annexation Request by Daniel Ortiz /800 block of Pennsylvania
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
DECEMBER 26, 1996
EXECUTED THIS, THE 7TH, DAY OF JANUARY, 1997
JENNIFER tATHIfY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 7TH, DAY OF JANUARY, 1997
JQSHN EDD BLESSING
NOTARY PUBLIC
TEXAS
z
U.S. Department of Justice
Civil Rights Division
IKP:GS:RJD:emr
DJ 166 -012 -3
97 -0447
97 -0853
Voting Section
P.O. Box 66128
Washington, DC 20035 -6128
May 16, 1997
Ms. Kathy Turner
City Secretary
P. O. Box 268
Kennedale, Texas 76060
Dear Ms. Turner:
This refers to three annexations (Ordinance Nos. 117 and 122
(1996) and 125 (1997)) to the City of Kennedale in Tarrant
County, Texas, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received
your submissions on February 10 and March 18, 1997.
The Attorney General does not interpose any objection to the
specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
changes. See the Procedures for the Administration of Section 5
(28 C.F.R. 51.41).
Sincerely,
Isabelle Katz Pinzler
Acting Assistant Attorney General
Civil Rights Division
/--,// Elizabeth Johnson
— Chief, Voting Section
COMPTROLLER OF PUBLIC ACC
STATE OF TEXAS
AUSTIN, 78774
March 27, 1997
Ms. Kathy Turner
City Secretary
City of Kennedale
Post Office Box 268
Kennedale, TX 76060 -0268
Dear Ms. Turner:
F iWlVE
MAR 3 1199 r
By
We have received annexation ordinance no. 125 and the map indicating the property to be annexed
into the City of Kennedale.
Our office needs additional time to implement the local sales tax in the newly annexed area.
Therefore, the effective date for this local -tax will be July 1, 1997.
As you informed me in our phone conversation today, there are no businesses located in the
area covered by the above mentioned annexation ordinance. You also stated the utilities servicing
this area are:
Texas Utilities Electric Company
Enserch Corporation (Lone Star Gas)
Marcus Cable Associates LP
If any of this information is incorrect or you have any questions, please contact me right away.
You can call me toll free at 1- 800 -531 -5441, extension 51082. My regular number is 512/475-
1082.
Sincerely,
Tina Rodriquez
Tax Allocation Section
Revenue Accounting Division
an equal opportunity employer