O96,~i
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CITY SECI~ETAI~Y
OFFICIAL FILE CO~Y~; -
CITY OF RENNEDALE
ORDINANCE NO. 96
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TRACT 32D,
DAVID STRICRLAND SIIRVEY, ABSTRACT 1376, HEREINAFTER MORE
SPECIFICALLY DESCRIBED BY METES AND BOUNDS, INTO THE CITY OF
RENNEDALE, TEXAS FOR ALL MUNICIPAL PURPOSES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAIISE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING *,N 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 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 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 January 18, 1996, g=wing notice of public hearings to be
held on February 6, 1996, and February 8, 1996, at which time such
public hearings were held in accordance with the requirements of Chapter
~3 of the Local Government Code; and
WHEREAS, at the time of consideration of this ordinance, not lass
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 Ylan 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
RENh'EDALE, TEXAS:
SECTION 1.
That all portions of the following tract of land located in
Tarrant County in Texas, not currently located within the corporate
limits of the City of Kennedale, is 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 32D, David
Strickland Survey, Abstract 1376, containing approximately .136 acres,
and more specifically described by metes and bounds in the property
description attached to the Petition for Annexation (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 o£ 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.
2
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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 14TH DAY OF MARCH, 1996.
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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APPROVED:
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Mayor Bi 1 Abbott
~C.3'.3J ~i~u
State of Texas
County of Tarrant
Petition
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
purposed of this Petition, does hereby petition your Honorable Body to annex all parts of the above
referenced tract of land into the City of Kennedale so that the entire above referenced tracts shall be
included within the incorporated City of Kennedale, Texas and does hereby certify and represent the
following:
1. The tract described in Exhibit "A" is one-half mile or less in width and contiguous to the City
of Kennedale; and
2. The tract described in Exhibit "A" is vacant and without residents or have less than
three qualified resident voters; and
3. Presently this tract contain approximately .138 acres and is not within the city boundaries;
and
4. The tract described in Exhibit "A" is owned by James Leggett, Owner and no other entity
or person has any ownership interest in said tract.
s
James Leggett, Owner
State of Texas
County of Tarrant
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This instrument was acknowledged before me on the day of V an . , 1996, by James
Leggett, Owner.
. ,,' '~ %' N ary Public in and for the S to of Texas
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Type of Print Notary Name
EXHIBIT "A" ,- ,- r.
EXHIBIT "A"
A tract or parcel of land out the DAVID STRICKLAND SURVEY, ABSTRACT NO 1376,
and being more particularly a part of a tract of land from Mrs. John W. Wrey, a feme sole,
to J. P. Hayler, dated April 14, 1941 and recorded in Volume 1469, Page 309, Deed
Records, Tarrant County, Texas, said tract also being recorded in Volume 1694, Page 368,
Deed Records, Tarrant County, Texas, said parcel of land described by metes and bounds
as follows:
BEGINNING at the Southeast comer of said tract as recorded in Volume 1694, page 368,
said corner being in the West line of the Wrey Crest Road;
THENCE North along the West line of said road 108.7 feet to its point of intersection with
the southeasterly R.O.W. line of Loop 217, a concrete monument for corner;
THENCE South 45 degrees 36 minutes West along the Southeasterly R.O.W. line of said
Loop 217 a distance of 157.8 feet to a concrete monument for corner, said monument
being the in the South line of said tract as recorded in Volume 1694, Page 368;
THENCE East along the South line of said tract 111.0 feet to the place of BEGINNING and
containing 0.138 acres of land, more or less.
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TRACT OF LAND
OUT OF THE
D. STRICKLAND SURVEY, A-1376
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PROPOSED SERVICE PLAN FOR
TRACT 32D, DAVID STRICKLAND SIIRVEY, AEiSTRACT 1376
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
The City of Kennedale, Texas, and its Fire Department will provide
fire protection within sixty 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
Rt 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.
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.
Exhibit "B"
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6. MAINTENANCE OF PARRS, PLAYGROUNDS AND SWINIlViING 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
CAPITAL IMPROVEMENTS PLAN
1. POLICE PROTECTION, FIRE PROTECTION 6 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
No capital improvements are necessary for full water service to
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 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
5. FONDING 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
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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
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 plan so as to provide tk~is 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 or have
businesses located in areas of similar topography, land utilization and
population.
PASSED AND APPROVED ON THIS 14 DAY OF ~~MQA~R~CH~ , 1996. ~~
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MAYOR BILL ABBOTT s>
ATTEST:
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KATH TU ER, CITY SECRETARY
APPROVED AS TO~ D LEGALITY:
l/-/`~\Jr//C
CITY ATTORNEY
DATE: 3~ ~ ~~ro
ADOPTED: MARCH 14, 1996
EFFECTIVE: MARCH 14. 1996
AFTER RECORDING RETURN 'IC):
CITY OF KENNEDALE
CITY SECRE"I'ARY' S OFFICE
P.O. BOX 268
F~NNNEDALE, TX 76060-0268
5
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~:~~ l~;IAL FILE ~;~~~( - .
D196110051
CITY SECRETARY'S OFFICE
P O BOX 268
CITY OF KENNEDALE
KENNEDALE, TX 76060 0268
-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 R A N 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
196220160 DR92 T003957 06/07/96 11:09
INSTRUMENT FEECD
1 D196110051 WD
T O T A L DOCUMENTS: O1
B Y:
INDEXED TIME
960607 11:09
CK 24622
F E E S: 29.00
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.
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U.S. Department of Justice
Civil Rights Division
DLP:RAK:JAC:gmh
DJ 166-012-3
96-1658
Wting Secrion
P.D. Box 66!28
Nbshing~an, D.C. 20035-6128
May 31, 1996
Ms. Kathy Turner
City Secretary
P.O. Box 268
Kennedale, Texas 76060
Dear Ms. Turner:
This refers to three annexations (Ordinance Nos. 92, 96, and
97 (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 April 1, 1996.
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,
Deval L. Patrick
Assistant Attorney General
Civil Rights Division
By.
Elizabeth John n
Acting Chief, Votinq Section
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TEXAS
April 15, 1996
COMPTROLLER OF PUBLIC ACCOUNTS
STATE OF TEXAS
AUSTIN, 78774
Ms. Kathy Turner
City Secretary
City of Kennedale
P O Box 268
Kennedale, TX 76060-0268
Dear Ms. Turner:
We have received annexation ordinance nos. 92, 96, 97 and the map indicating the property to be
annexed into the City of Kennedale.
The local sales and use tax will become effective July 1, 1996 in the areas indicated on the map.
If you have any questions or need more information, please call me toll free at 1-800-53I-5441,
extension 34455. My regular number is (512)463-4455.
Sincerely,
Gary Griswold
Tax Allocation Section
Revenue Accounting Division
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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:
EVENMAN TIMES
KENNF,DAI,F, NTWS
FOKEST 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, Hrg, re: Annexation Request by Barton Head
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
JANUARY 18,1996
EXECUTED THIS, THE 6TH, DAY OF FEBRUARY, 1996
JENNIFER CA
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 6TH, DAY OF FEBRUARY, 1996
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'`-~ `~{ ~•~ TEXAS
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 Hrg re: ETJ to C2 Zoning: Tract 31 C David Strickland Survey, Abstract 1376
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
FEBRUARY 22,1996
EXECUTED THIS, THE 7TH, DAY OF MARCH, 1996
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JENNIFER CATHEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 7TH, DAY OF MARCH, 1996
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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
KENNEUALE 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:
Ordinance #96
which is attached to this affidavit, was published in said newspapers on the
following dates}; to wit
MARCH 28,1996
EXECUTED THIS, THE 2ND, DAY OF APRIL, 1996 _~
JENNIFER CATHE
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 2ND, DAY OF APRIL, 1996
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