O81CITY OF KENNEDALE
ORDINANCE NO. 81
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF LOTS 1 THROIIGH
14, COIINTRY ESTATES, HEREINAFTER MORE SPECIFICALLY DESCRIBED
BY METES AND BOIINDS, INTO THE CITY OF KENNEDALE, TEXAS FOR
ALL MUNICIPAL PIIRPOSES; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAIISE; 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 operating
pursuant to the enabling legislation of the State of Texas; and
WHEREAS, a Petition submitted by Ron Sturgeon 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 August 10, 1995, giving notice of public hearings to be
held on August 22, 1995, and August 24, 1995, 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 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
RENNEDALE, 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: Lots 1 through
~,~ 11 ~~n~ ,. ~,~n r.o ~dA n *v,TT ''LL r1..
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(a:.~,T'.+.~,'-,J} d~;r,,,.,.,~r} (-yI~ L SLAP} (iyci:
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14, Country Estates, according to the deed 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 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
122c~ CUIO
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.
PA33ED AND APPROVED ON THIS 14TH DAY OF SEPTEMBER, 1995.
',.,
APPROVED:
~- ~~~ ~_"
ayor Bill Abbott
APP 6}~ED 5 O F AND LEGALITY:
TY/ATTORNEY
3
STATE OF TEXAS
COIINTY 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 above referenced tract of land into the City of Kennedale so that
the entire above referenced tract shall be included within the
incorporated City of Kennedale, Texas and does hereby certify and
represent the following:
1. The tract described in Exhibit "R" 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. The tract described in Exhibit "A" is owned by ~.C~~Ei"n AN ~ENIU~lr2.
and no other entity or person has an ownership interest is said
tracts.
4. Mr. Doug Bevoni certifies that he holds the position of President
and Developer of Country Estates Addition, and as such has the
authority to sign this petition on behalf of saisi corporation.
~6ident
untry Estates
tion
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before
1995, by TJOU.G ~ic.rJQN6
.r~ ~ RALPH B. SHELTON II
' ' fiotary ~uGlic, State of Texas
~E+~ My Gmm. Exp. 10.14.97
~~~~ - r,?
My Commission Expires:
me on the day of ~L`'`^"~'
t~
Not Public in and for the
State of Texas
Type or Print Notary a
ZONPl iG E~CHIBIT
T. BEEDY SL~VEY
BEING a portion of Parcel 3, and the north one-half of Parcel 4, according to the deed recorded
in Volume 5882, Page 274, Deed Records of Tarrant County, Texas;
BEGINNING at the intersection of the west line of County Road No. 2013 and the south line
of Pennsylvania Avenue, as dedicated by deed recorded in Volume 8124, Page 2185, Deed
Records of Tarrant County, Texas, said point being in the east line of Parcel 3;
THENCE South with the west line of County Road No. 2013, 59.77 feet to a point;
THENCE S 0° 39' 00" W with the west line of County Road No. 2013, 143.95 feet to a point;
THENCE S 9° 08' 30" W 23.60 feet to a point at the northeast corner of a tract of land
conveyed to Linda NI. Smith for corner;
THENCE West with the north line of said Smith tract at 210.00 feet passing the northwest
corner of the Smith tract, in all 1452.31 feet to a point in the east line of a tract of land
conveyed to O. P. Leonard, et al, according to the deed recorded in Volume 5273, Page 231,
Deed Records of Tarrant County, Texas, for corner;
THENCE N 0° 39' 30" W with the east line of the Leonard tract, 236.24 feet to a point in the
south line of Pennsylvania Avenue, said point being in a curve to the left having a radius of
636.97 feet, a central angle of 9° 50' 46" and a chord that bears S 85° OS' O1" E 109.33 feet;
THENCE Easterly along said curve to the left with the south line of Pennsylvania Avenue,
109.46 feet to a point at the end of said curve;
THENCE N 89° 59' 36" E with the south line of Pennsylvania Avenue, 1351.49 feet to the
Place of Beginning, containing 7.60a acres (331,224 square feet) of land.
pennsyl.fn
EXHIBIT "A"
PROPOSED SERVICE PLAN FOR
COIINTRY ESTATES
FOR SERVICE WITHIN SZXTY (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 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.
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:
A. Extension of water services to serve the annexed area will be made at
applicant's expense except that the City will install the 12 inch
main along Little School Road and the Developer shall provide the
materials.
B. Water will be provided at city rates. New lines will be extended in
accordance with city ordinances and policies at the applicable
expense.
1222(J 2G ! t~
C. 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.
5. WASTE WATER FACILITIES
Sewer services need to be extended at the applicant's expense to
serve Country Estates. 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.
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.
7. MAINTENANCE OF PARRS, PLAYGROIINDS 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.
8. MAINTENANCE OF ANY PL7BLICLY OWNED FACILITY, BIIILDING OR M[7NICIPAL
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
1~22~ ~GiS
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
No existing water main has been extended to serve the property to
be annexed through a cost-sharing agreement between the City of
Kennedale, Texas, and the owner of the property and provides point of
use service at the present time. Sewer services need to be extended at
the applicant's expense to serve County Estates. 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. The developers of Country Estates will be required
pursuant to the ordinances of the City of Kennedale, Texas, to
participate in the improvement of Little School Road in accordance with
the ordinances of the City of Kennedale, Texas.
4. MAINTENANCE OF PARRS, PLAYGROUNDS, AND SWIMMING POOLS, AND THE
MAINTENANCE OF ANY OTHER PIIBLICLY 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
12C2G ~QIS
****~F*t*#**#it********t4******************~k**********i*1r***#******~Y*******
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 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 T$IS 14 DA
Y OF SEPTEMBER 1995.
~/
~~~~
YOR BILL ABBOTT
ATTEST: ~"-` ,
~~- i?
KATHY TURN R, CITY SECRETARY '
APPRO AS TO FORM LEGALITY:
./ -
CI ATTORNEY
DATE: September 22, 1995
ADO?TED: September 14, 1995
EFFECTIVE: September 21, 1995
4
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D196003616
CITY OF KENNEDALE
P.O. BOX 268
KATHY TURNER
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 A N N 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
196080710 DR92 T006603 01/05/96 13:03
INSTRUMENT FEECD INDEXED TIME
1 D196003616 WD 960105 13:03 CK 23377
T O T A L DOCUMENTS: O1 F E E S: 27.00
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.
DLP:GS:NG:tlb
DJ 166-012-3
95-3284
U.S. Department of Justice
Civil Rights Division
Ibting Section
P.O. Box 615128
Nfsshington, D.C. 20035fil28
November 24, 1995
Ms. Kathy Turner
City Secretary
P.O. Sox 268
Kennedale, Texas 76060-0268
Dear Ms. Turner:
This refers to two annexations (Ordinance Nos. 80 and 81
(1995)) 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 October 5, 1995.
The Attorney General does not interpose any objection to
the specified changes. However, we note 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,
lizabeth Johnson
Acting Chief, Voting Section
Civil Right
Deval L. Patrick
Assistant Attorney General
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:
Public Hearing re; 7.605 acres of Thomas Beedy Survey
which is attached to this affidavit, was published in said newspapers on the
following date(s); to wit
AUGUST 10, 1995
EXECUTED THIS, THE 12TH, DAY OF SEPTEMBER, 1995 --
JENNIFER CA
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 12TH, DAY OF SEPTEMBER, 1995
~+'"'+P"~,, JOHN EDD
~' '"` MY fAMPRiSS ON FXPIIgN $
`~,;"..;,;''' ~ Jul
°; Y 10, 1997
--.~_ _.-._ J
yJ~OHN EDD BLESSING
NOTARY PUBLIC
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:
EVEttMAN TIMES
ICENNEDAI.E NEWS
FOREST Hu,t, NEws
SovTtt 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 #81
which is attached to this affidavit, was published in said newspapers on the
following date(s): to wit
SEPTEMBER 21, 1995
EXECUTED THIS, THE 3RD, DAY OF OCTOBER, 1995
V'
JENNIFER T EY
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 3RD, DAY OF OCTOBER, 1995
;~;;ha''^~,; JOHN EQD 84E5~SIWii ~ ~~,~~ ~~ 'y , ", /~~C
_~: •: My co~reisSlON EXPIR@S J ~HN EDD BLESSING
°~•~'~~' July 10,1997
°~k,',^^ NOTARY PUBLIC
TEXAS
O~ `~~ C°nln~
W ~ COMPTROLLER OF PUBLIC ACCOUNTS
0
r STATE OF TEXAS
w° ~M AUSTIN, 78774
~rExaS*
October 4, 1995
Ms. Kathy Turner
City Secretary
City of Kermedale
PO Box 268
Kenncdale, TX 76060-0268
Dear Ms. Turner:
We have received annexation ordinance nos. 80, 81 and the map indicating the property to be
annexed into the City of Kermedalc.
The local sales and use tax will become effective January 1, 1996 in the areas indicated on the
map.
If you have any questions or need more information, please call me toll free at 1-800-531-5441,
extension 51082. My regular number is (512)475-1082.
Sincerely,
Tina Rodriquez
Tax Allocation Section
Revenue Accounting Division
en equal opporlunily employer