O117
' CITY OF KENNEDALE ~~~ ~Rl
'' ORDINANCE NO. 117 •,~~~
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A PORTION CF
MANSFIELD HIGHWAY, 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-ia~,v
municipali*y Located in Tarrant County, created in accordance t,+ith t:he
nro.~i:;ic~ns of Chapter 6 of the Local Government. Code and cr~eratincr
pursuant. to the enabling legislation of the State of Texas; and
WHEREAS, the described area to be annexed in Exhibit "~,", by mrrer
,and bounds was acknowledged in the manner required for deeds; end
WHEREAS, all of the property described herein is adjacent and
parallel to and within one-half mile of the present city limits of ~h-
City of Kennedale, Texas, and not within the extraterritorial
jurisdiction of any other city; and
WHEREAS, a Service Plan has been prepared; and
WHEREAS, requirements of law have beer_ met to require t;ii:
arn~:.~: ; C i on, including compliance with the provisions of Cilaptel: -.. ..
:. ,_- ~c•~-=1 '_ Government Code.
NOW, THEREFORE, HE IT ORDAINED SY THE CITY COUNCIL OF THE CITY''-'S'
r",I~iiv'EDAr•E, TEXAS:
SECTION 1.
That all portions of the following highway are located in Tar:an
!=ounty in Texas, not currently located within the corporate limits nt
the City of Y.enredale, are hereby annexed to the City of Kennedale as s
part of the City for all municipal purposes, and the city ii;,rits are
nerd-•v e>_tended to include such territory: Seinq ~. Tract cf Land. in ~....
,a~~it~. Strick]ard Survey, Abstract 1376, Tarrant County, Texas, adjo_nia,q
r.he. r=ortherly boundary line of the corporate limit of the ^.it.y f
~~•:?I1 i7 c-.aaie, 'ieXaS, a5 dP5C'r 111 F?(1 1?1 uennedale ~rd=.naI1Ce ."~'..i1[I}jPT EiC--~A, aii'~
ir~~re rarticularly described by metes. :r.d bounds in Exhibit "A".
SECTION 2.
'*'he ~erV1Ce Pl.ari, at. r, i, Cf!°:1 1leret0 as F:xll lilit "R" i~nd 1nC G'rl `t b. °'•'i
herei:, is ,_,ppioved in all things and made a pare. of this ordlnan,-e
all purposes.
SECTION 3.
This ordinance shall be cumulative of ail previsions of ordi-nances
of the City of uennedale, Texas, except where the provisions of this
..: ~"1lnc+ti.C2 are 1n dlreCt Confll,~t iVi th the brGV~SI.JnS of S11Ch OL'd 1Ran.f't'
,T
in wt~.ich event the conflicting provisions of such ordinances alp herF~by
i `~C ~~ ,°r .,5
6 ~° U l1 ! ~!
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 anv
other part of such described area is hereby effectively annexed to the
City. Provided, further, that if there is included crithin the general
description of territory set out in Section i of this ordinance r,~ }~
hereby annexed to the City of Kennedale any lands of area which are
presently part of and included. witY:in the limits of the City cf
Kennedale, or which are presently part of and included within the '_imits
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 <,n~f
excepted from the territory to be hereby annexed as fully as if such
e}:eluded 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 rind
by filing the ordinance in the ordinance records of the City.
SECTION 6.
Thi=. ordinance shall be in full force and effect from and ,~ftc'
its passage and-publication as required by law, and it is so ordained.
FASSED AND APPROVED ON
< a *''~ - .
ATTES`1'
~h O ./
Cie etary
APP,RO_VIlE~jD A/S~ TO FORM AND LEGALITY:
V v l LY ~ _
CITY ATTORNEY
THIS 17TH DAY OF SEPTEMBER, 1996.
APPROVED:
_f~ ~
--'~~~
Mayo'-°'Y""i7'trlx~ undy
_.-.~
1~G23 J737
BF,ING A TRACT OF LAND IN THF, DAVID STRICKLAND SURVEY, ABSTRACT 137fi.
TARRANT COUNTY, TEXAS, ADJOINING THE NORTHERLY BOUNDARY LINE. OF THF,
CORPORATE. LIYIIT OF THE CITY OF KENNEDALE, TEXAS, AS DESCRIBED IN
KENNEDALE ORDINANCE NUMBER 60-SA AND BEING MORE PARTICULARI,l'
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY R.O.W. LINE OF MANSFIF,I,D HIGHWAY
;AND THE NORTHWESTERN CITY LIMIT LINE OF THE CITY OF KENNEDALE;
THENCE NORTHWES'CERLY WITH THE SOUTHERLY R.O.W. LINE OF MANSFLF,i,D
HK.H~V.AY TO THE NORTHWESTERN R.O.W. LINE OF THE ACCESS ROAD FROM LOOP
820 AND I-20;
THENCE, NORTHEASTERLY TO THE NORTHWESTERN R.O.W. LINE OF THE ACCESS
ROAD TO I-20;
THENCE SOUTHEASTERLY TO THE NORTHERLY R.O.W. LINE OF MANSFIELD
HIGHWAY ,4ND SOLITHEASTF,RLY ALONG THE SAID NORTHERLY R.O.W. I,INF, OF
MANSFIELD HIGHWAY TO THE NORTHWESTERN CITY LIMIT LINE OF TIIE CITY OF
KENNEDALE,;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERN CITY LIMIT LINE OF THE
CITY OF KENNEDALE TO THE POINT OF BEGINNING AND CONTAINING 58,500 5QLIARF.
FF.F.T OF LAND, MORE OR LESS.
EXHIBIT `A'
~02~li! ~C~
PROPOSED SERVICE PLAN FOR
MANSFIELD HIGHWAY FROM PRESENT CITY LIMITS THROUGH THE INTERSECTION OF
THE SERVICE ROAD TO LOOP 820/I20.
FOR SERVICE WITHIN SIXTY (60) DAYS
OF THE EFFECTIVE DATE OF ANNEXATION
1. POLICE PROTECTION
In~ithin 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
The City of Kennedale, Texas, and its Fire Department will provide
fire protection within 60 days 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 t_he 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
Rny 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.
6. 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.
12G2~ u73~
7. 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 no~n~
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.
~. MAINTENANCE OF ANY PVSLICLY 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. Tn
the event any such publicly owned facility, building or municipal
servir_e does exist and are public facilities, the City of Kennedale,
Texas, will maintain such areas to the same extent and degree that i*
maintains publicly owned facilities, buildings or municipal services ~?'
the City now incorporated in the City of Kennedale, Texas.
2
CAPITAL IMPROVEMENTS PLAN
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 7 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
No capital improvements are necessary for full water ser•~ice t_n
the area annexed, as the property is currently serviced by city water.
The existing sewer line presently serves the property which abuts the
property to be annexed and is 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 propose-1
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 corporaie
limits of the City of Kennedale, Texas. Such work shall be comp7~re:
within 4 1/2 years. Maintenance of properly dedicated roads and streets
will be consistent with the maintenance provided by the City to rt-r.<~_,
roads and streets in areas of similar topography, land use and s.ak~
development.
~. 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 deveiopmPn`
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 upc,~
the standard considerations of topography, land use and populati.^n
dens i t -y~ .
5. FUNDING SHALL NOT BE INCONSISTENT WITH CHAPTER 395 OF THE LOCAL
GOVERNMENT CODE.
D.T~~t,n;i.thstanding any other provision of this service plan, ,
landowner within the newly annexed area will not be required tc fur_d
capital improvements necessary tc provide municipal services in a manner
inconsistent with Chapter 39~ of the Local Government Code, unless
otherwise agreed to by the landowner.
I%b?~ X741
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 ar~a_~.s characteristically
different. frcrn other more highly develcped areas within the corporates
limits of the City of Kennedale, Texas. Consequently, because :-f the
differing characteristics of topography, land utilization and pop~.rlation
density, the service levels wb.ich may ultimately be provided in the
ne~•:iy anr_=red area May differ scmewhat fra. service: provided other
areas of the City of Kennedale, Texas. These d'iEferences 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 uti7_izacion and population.
PASSED AND APPROVED ON THIS 17tt1DAY OF SEPTEMBE R 1996.
f'
MAY ROBERT P.
ATTEST: ~~~
KATfiY '"L~ NEP~'P:' SECfk=:TAF.Y
T~pPRJO~V~~/AS~~TJO~ FORM ANL LEGALITY:
W l~v ~f'P~ _
CITY FTTORNEY
DATE: ~ Z-Z~ ~L
EFFECTIVE: ~ ~~~ ~~
AFTER RECORDING RETURN TO:
CITY SECRETARY'S OFFICE
CITY OF KIIV[~DALE
P.O. BOX 268
KENNEDALE, TEXAS 76060-0268
~~
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U.S. Department of Justice
Civil Rights Division
IKP:GS:RJD:jdp
DJ 166-012-3
97-0447
boring Section
P.O. Box 66128
Washington, DC 20035-6128
April 2, 1997
Ms. Kathy Turner
City Secretary
P.O. Box 268
Kennedale, Texas 76060
Dear Ms. Turner:
C~MC~
APR 81997
This refers to two annexations (Ordinance Nos. 117 and 122
(1996)) 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 submission
on February 10, 1997.
On March 18, 1997, we received an additional annexation from
the city for Section 5 review (our File No. 97-0853). Since it
is directly related to the other annexations now before us, both
submissions must be reviewed simultaneously. Accordingly, the
sixty-day review period for all annexations now before us will
run concurrently with your most recent submission. Therefore, by
May 19, 1997, we will either make a determination on these
annexations or request from you any specific items of additional
information necessary to complete our review under Section 5.
See the Procedures for the Administration of Section 5 (28 C.F.R.
51.39 and 51.61(b)).
Sincerely,
Isabelle Katz Pinzler
Acting Assistant Attorney General
Civil Rights Division
BY • ~•~i' i° `
Elizabeth Johnson
~~Chief, Voting Section
,'
u
U.S. Departrnent 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 76.050
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
By: ~~,~~-`-~
Elizabeth Johnson
Chief, Voting Section