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O45~, 3i CITY OF KENNEDALE ORDINANCE NO. 45 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF THE TRACT OF LAND HEREINAFTER MORE SPECIFICALLY DESCRIBED 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 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; such Petition being attached hereto as Exhibit "A," and incorporated herein for all purposes; and WHEREAS, notice was published in a newspaper of general circulation on November S, 1993, giving notice of public hearings to be held on November 15, 1993 and November 18, 1993, 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 KENNEDALE, TEXAS: SECTION 1. That a certain tract of land located in Tarrant County in Texas, described as Beginning at a point on Jopling Road at the Northeast corner of Tract 3 of the Ben Jopling Survey, Abstract 866, then continuing South on Jopling Road to the Southeast corner of Lot 6A of the L.C. Rayburn Subdivision, then West along the Arlington city limits to a point at the Southwest corner of Lot 2A of the L.C. Rayburn Subdivision, then northward to Swiney Hiett Road, then West alcng, and including, Swiney Hiett Road to the Southwest corner of Lot 2B of the Swiney Subdivision, then North to the Kennedale city limits at a point on the Northwest corner of Lot 2A of the Swiney Subdivision, then East along the Kennedale city limit line at Jopling Road at the Northeast corner of Tract 3 of the Ben Jopling Survey; plus Tract 3A, 3A2 and 3AlA of the Ben Jopling Survey, Abstract 866, and more specifically described and depicted in Exhibit "B" attached hereto and incorporated herein for all purposes, 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. SECTION 2. The Service Plan, attached hereto as Exhibit "C," 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 ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section of 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 ordinance, regardless of whether any other part of such 2 :I: ~ 57D ~50~ 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 or 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 or the City of Kennedale is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause, 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 9th DAY OP DECEMBER, 1993. APPROVED AS TO FORM AND LEGALITY: '~ ~~ ~`1 \_ ~. CITY ATTO NEY DATE: Deco-tuber 9, 1993 ADOPTED: December 9, 1993 EFFECTIVE: December 9, 1993 3 ~~~ ~~ ~ /:1 -~- ~U qa" Mayor Bill Abbott q ~;yyr$'. ATTEST: ~^~_%% - ~,< - _'~. . ~i~ Kathy Tur r, City Secretary «~~~'~ <~ , ~ t~se , ~, . Jig ~, 1i5i0 ~50i EXHIBIT A PETITION REQUESTING ANNEXATION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF KENNEDALE, TEXAS We, the undersigned qualified voter residents residing within the tract of land identified in Exhibit "A" to this Petition (attached hereto and incorporated herein for all purposes) do hereby petition the City of Kennedale to annex the tract of land identified in Exhibit "A" hereto. The signatures contained in this Petition represent more than fifty-one percent (51~) of the qualified resident voters living within the property identified in Exhibit "A". The property identified within Exhibit "A" is contiguous with the corporate limits of the City of Kennedale, is within the extraterritorial jurisdiction of the City of Kennedale and is not greater than one-half mile in width. The annexation request herein presented is submitted in conformance with the provisions of Section 43.024 of the Texas Local Government Code. Respectfully submitted, Printed Name & Signature Voters Reg. No. Address ~~ ~~ ~~ ~~~ ~ 0c4~7 vo so 4' y7 `.' ~' ~a .~ .~ ~ J U ~o-r~ ~ l.3 Date L0=.~1-93 .cam-~,c -93 n la zl-9~ '~, to-a~-C3 ~:~1 J~ ~.. !0 . Zj _~~,'J ~~?/-~ 11570 X502 PETITION REQUESTING ANNEXATION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF KENNEDALE, TEXAS We, the undersigned qualified voter residents residing within the tract of land identified in Exhibit "A" to this Petition (attached hereto and incorporated herein for all purposes) do hereby petition the City of Kennedale to annex the tract of land identified in Exhibit "A" hereto. The signatures contained in this Petition represent more than fifty-one percent (51~) of the qualified resident voters living within the property identified in Exhibit "A". The property identified within Exhibit "A" is contiguous with the corporate limits of the City of Kennedale, is within the extraterritorial jurisdiction of the City of Kennedale and is not greater than one-half mile in width. The annexation request herein presented is submitted in conformance with the provisions of Section 43.024 of the Texas Local Government Code. Respectfully submitted, Printed Name & Signature Voters Rea. No. Address Date D // .~ 87/1 E - -- o- 0-93 o eras ~~~ p/oi3737 7D7G,~o~sut, 6sr/!E/L ~ r-1~~QFr.-err 7~ 5~.~~NEi~~rErr 20. /e x-93 oor~ass3 F~ - 0-93 ~~ 601D0 S'67• o j~~~ F P -, 0-93 uc~35'b G~~ ~ .(~ ~~~n, r-~n.~;~ ~~ti~c.n E n-~~c~n,~,~ 7~`i7 s,.~, rvc,~ ~FIr-i7 D ~ /o~zl-Y 0 0 -~ ,-v - s3 t-43 ooooega~ ~- ~. !~ _ ~~~~~ PAl/l.iN6 AflAMS ~~~3f0 f{Acui,~d5 SSPL/~ Qn. /d ~t-Q,3 da~66SSi ~„ _ .. yD_.ty ~c,CrS /h~hGU ~ r,Cl~rr~S~Sg .~//fwK~irJS .ri~OLiN Ro /~ -~~~~~ ~rvcu~~rv n 7'fst~ I D l HL ~~ 11570 u5~3 PETITION REQUESTING ANNEXATION TO THE MAYOR AND GOVERNING BODY OF THE CITY OF KENNEDALE, TEXAS We, the undersigned qualified voter residents residing within the tract of land identified in Exhibit "A" to this Petition (attached hereto and incorporated herein far all purposes) do hereby petition the City of Kennedale to annex the tract of land identified in Exhibit "A" hereto. The signatures contained in this Petition represent more than fifty-one percent (51$) of the qualified resident voters living within the property identified in Exhibit "A". The property identified within Exhibit "A" is contiguous with the corporate limits of the City of Kennedale, is within the extraterritorial jurisdiction of the City of Kennedale and is not greater than one-half mile in width. The annexation request herein presented is submitted in conformance with the provisions of Section 43.024 of the Texas Local Government Code. Respectfully submitted, Printed Name & Voters Reg.'No. _ O/~Jp~.S Address ~~~ ~~ ,1~.~ 1 - ~laJr~F~ 3~~~~ ~, Date 1~.~~~~-s /~-~z-~,3 plc/u,.~~~ ICS-~~-~3 ~~~1 "-ccy~ r /j~S' /d ~,~ l o~ 7 / ~~ ~~ ~a F O~/~pyRJ ~~ ck ~ /qc H ~+~~ ~ `~~ .~~. Nay N ~Frr (~.ro 1~-~~ ~~ ~o. ~a/.~.~/9~ r v/2z/93 i o r~ c. 8 ~o ~r~ ~ o-~' SQ ~5u4 3 ~~~E-~ 3/ EXHIBIT A TO PETITION FOR ANNEXATION A ~ a Y Nh ¢- m ~]f ~ I N ~ ry ~ a- a yy N~ ~ ~N Nb ~^ _ 1 QN~ Fn ' y~~ I1(~IL ~\\~1/// 4 / _ ¢n ~ ~ ~ IW,1 • 6.1 ~ W : 1 m. a,. ' ~¢4 __ _ [ r 1 V :rv ~ ~ r ~ w ~~ N Q'~T ' ' I1 .. ~w ~ 00 ~~ YI m 'VI w F ~ l N ~ m ... _ ~ U 1 1 pp ~ O I~I - - ~ OVry~ ~+ 1 , - 1 O ~ < 1 \ A Q n om. F Q N - N , . `I. ~ Q~un a s m m ~W N V O ` S f 1~ ~ ~ Q N F F n 1 a Y° g 1 {N m o n ~ ~ I N 1 .i ~ S A~, . ] __. _s_ .. ~ 1 um Ij N d0 ~ NOOt1aN3~0I r N - ~ 1 .c~~ "• m ~ „ • • Nan ~ U7 '~ 1 Z ° u v U ~~ 'M,: a., ~ a~ 1 ~ ~ •- ~ Nry ~ a ~ 1 ~ I ~II ~ _ m~ m? Q ~^M ~: ...___J ~ >r m ~' Q Y . a ~R ~ ~ 1 - ,~: F 1n ~ ~ O N, ~IIa ' FR N -E• I' v ~ . L ~ ' 1 - ~ ~ ~~ , I Y F H ~ ~ , ~~ 1 W ~ me H oy a} N ~~ N - N e I o~ 1 h ~ ~ I u < ~4 ~ O 1 Y Y c w ' N I N m • 1 n~ ~ N n n N ~ 1 -~ ~ ~ w 1 1O~ I IS e' no ~ m, N N ~ ~ ~ r9 I ~~ mi ~ F ^~' I I . ~~ N I 1 I ~ I~ H ~ ~ „ , 3 '° t ^ j ~ ~ r 1 ~ I "° Nm ~ o Z 4 \ I I ~i I. ~' H e 3 .,~ ,- ~ W 8 = ~ N I ~ i ~. ~ N ' 4ri„: I I 1 ~ ~~ N ° (\ ` I ~ C~ - : ~" I ~i ~ ~ Hy- ~ ~ N- n 1 ~ ~~ I i ~ J ~\D " ( O> m I ] ? \ 4 l mN / o I / '~) rv N ' Y ~ 1 ~ Y N ^, \ \ ' I Y IV ~~ ~ - o `~ i ~ - n I - , m CI ' ~ - - - _ ~ ~ I . eg o - 1 ~ A003d ° 1 = ° < o~ ~ ,. ' n { { A .~ S ~ m i NN « - o I A N 1 ~ N I ~ I w ~ 1 - .. y ' I V I ~ _ . _ _ ~ I ryN __ - - I J ~~ Y' 1 .~ ^ry 1 . CIS 9 1 I ~ ~ z ,-,} , o _ _ - ~` _ ~ d N 4 u ~ 4 c I ~ .. n N 1 I 1 Q mN n N- 1 I < S ~ Y Q ' ~ ~' I ..~ P (^ I 1 I 0! t I ~ N ()d N 1 _ I 1 ~ ~i P= U " N4 a w I! ~ : ~.y y t~ ~,~ w " 1 I Y N g ~ I $ ^ ~ m il 9~ 1 }~ N - ~ 1 ~ ~ ~ ~ - ~ 15 _~ J ~y ~~ V~ 1 , I ~~ Y I ^ I n n rtrs Y AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT § I, ~-~.. ~ G C'--' being first duly sworn, on oath depose and say that am one of the signers- of the attached petition requesting annexa ion of property into the City of Kennedale pursuant to the provisions of Section 43.024 of the Texas Local Government Code and I have personal knowledge that the statements made in the Petition are true and correct. The Petition contains signatures reflecting that more than fifty-one percent (51$) of the qualified voter residents of the area proposed to be annexed have signed the Petition requesting annexation. The area proposed for annexation lies contiguous with the current city limits of the City of Kennedale and is within its extraterritorial jurisdiction. `~`~_..ti~F ~n ~.c2.,,,.~,i S r and subscribed to ~~t~~~-P~ ~ , 19 9 3 . t 20; -~4~ti 7ED ROWE I ~~ Notary Public ~~~;\, ~~ state of Texas ,FaF.E Commission Expires 1-14-97 before me this t-~ day of Notary Public in and for the State of Texas t1,1 S7O ~JSOo AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT I, ~~~,,/' ~ °~ ~ ~~)_~/ ~ u , being first duly sworn, on o~epose an say that am one of the signers of the attached petition requesting annexation of property into the City of Kennedale pursuant to the provisions of Section 43.024 of the Texas Local Government Code and I have personal knowledge that the statements made in the Petition are true and correct. The Petition contains signatures reflecting that more than fifty-one percent (51~) of the qualified voter residents of the area proposed to be annexed have signed the Petition requesting annexation. The area proposed for annexation lies contiguous with the current city limits of the City of Kennedale and is within its extraterritorial jurisdiction. Sworn. and subscribed _~ fk~ ~ 19 9 3 . ~"~,-Y.'~e,'`., TED ROWE ~, ~ ~; Notary Public i`~; ~ State of ?exas :.,'FaF,E+ Commission Expires 1-14-97 ~ ~, to before me this 5 ~ day of ry _ _~ ~~' Notary Public in and for the State of Texas 1570 u507 AFFIDAVIT STATE OF TEXAS § COUNTY OF TARRANT § I, ~~ being first duly sworn, on oath deb se a d say that I am one of the signers of the attached petition requesting annexation of property into the City of Kennedale pursuant to the provisions of Section 43.024 of the Texas Local Government Code and I have personal knowledge that the statements made in the Petition are true and correct. The Petition contains signatures reflecting that more than fifty-one percent (51~) of the qualified voter residents of the area proposed to be annexed have signed the Petition requesting annexation. The area proposed for annexation lies contiguous with the current city limits of the City of Kennedale and is within its extraterritorial jurisdiction. Swore} and subscribed to before me this ,,'Z,S~' day of /~/J~ ~,}/ 19 9 3 . ~~ ~ -tom ~ ,, Notary Public in and for the State of Texas "SPY P~~, -•.+..-...,._........~...~-^^.•.,+.... ~~•- ~~~ 7ED ROWE ( ~ Notary Public j"~1~~y , State of Texas 5':F Of iE+ Commission Expires 1-14-97 I i 5 i0 X508 EXHIBIT B ~"~ - ~n ~ m ~ , 1}J~ IY4 w"n an ~ 1 ~, p w~ __ n~ ~~ n N rn F r F 39 a. a. .-. and t ~ ~ tl0 a n an a ~ n m n U I ...m 1 n . ,~ • n 1 ~ e 1 r9 w° 0 W _ n g•„7 - J 1 L _ m .. A I 1 : ^~ N Q•w F .N: t,~ Nn . n ___.~ ~^ __ - 1 N Nlm~l i 1~ iC' 0 ~ 1 ~ N F ~n~ 1 n n $ n ^ 1 F e n 'j Id ~~ j a anti 'h' . ^ . ___ ~_ __ ^l 1 °n° N tl0 NOOtl9N3l'J I ~ = ry c~ S ~ ~° ~ .„ P Z ~ 1 n' ~ '~ ~ o ~ " n I ' n U "'ry m ntl L ~ N N I ~o I I ~ N O ~ W a m? ~~ ~ {^ ~ m 1 .a~ . no R. - ~ ~ ~ ~ ~~ - 'a Nn J Q>-N I ~ N ~ 9e o. 1 A ~ I $ S ~:,~ ~ ~ o 1 ~ .. N I ' N N y ~ ~^ pp~~ 1 N~ N Nn N ~ ~ ^ 1 I - 1 . ~I ^ _ I r~ ~. ': I ! I I ni ~~ I 1 / ~, `I ~ ~ n - 4 . 1 I I ~~ ~ o / ~S ' H a .~Q : I rt ~ , W ~ b ^ I I % 4 z ~ . ~ g b N n I ^ s~ ~ ° ~ C~~ . - r : I w ,I ~ H ~ 111 A ~ ~~ i ~ w`D o> m ~ 1 ~ I I 4 I ~~ N ~ m ~ ~ :7 I I / ~ ~ n~ • ~ \ - I ' . \ ` I I ~ N O `~~ I VI ,~ ~~ I -^ I, I el o - ~ o ~ ~ ~ ~ I I ~ A7 93d o Y o° .. ~ ~ I I .. - nn ~ N t " I N ~ w° m 3 i .. Q i -~ t ~ ~ NN ~ ~ N N ~ ~ i ~ I ~ I I ~ _. I n n M ~ e • 1 „„ N 1 ~ g y 1 n N I /~ r'Y l Z Y __ _ __ _ ... _ ~ n ~ i Q ~ ' ~1 N I I I I d m ~ Qm JV II i i i V i I ~ 1 1 ~.~¢ ~ ~ p ~^ N NS 1 1 ~ mN ^ w 1 ' O I ~ s ~ I d f ~ I ... .` i o ^ M 1 m _a • ~ I y I F b tltl ^ ~ gig 11 - P^ $H s~ ~ Z ^~ -^n mi' Bnl I ~ - rr I ~ ~ ~~ ' ~ , 51 ~ ~ ~ ~ ~ ~~ e H , _ ; EXHIBIT C PROPOSED SERVICE PLAN FOR RENNEDALE SOUTH S FWT, INC. ANNEXATIONS 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 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. 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 areas annexed. Plans are being developed to improve the emergency water availability for both areas. 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 annexations shall continue to be maintained by the City of Kennedale, Texas. Any and all water facilities owned or maintained by the City of Arlington at the time of the proposed annexation shall continue to be maintained by the City of Arlington. Any and all water or waste water facilities which may be acquired subsequent to the 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. 11570 ~;5i0 B. Water will be provided at city rates. New lines will be extended in accordance with city ordinances and policies at the applicable expense. 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 the FWT, area. Sewer accessibility will be improved to the Kennedale South area as the Steeplechase development proceeds. 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, 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. 8. 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 .1,.1570 05 i 1 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 item 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 The City of Kennedale, Texas, believes that City water mains exist for points of connection for serviceable extensions to provide full municipal water service within the areas to be annexed pursuant to the City's standard water extension policies now in existence or as may be amended by the City Council. No capital improvements are necessary for full water service to the areas annexed. Sewer services need to be extended at the applicant's expense to serve the FWT, area. Sewer accessibility will be improved to the Kennedale south area as the Steeplechase development proceeds. 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 areas 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 the FWT property will be required pursuant to the ordinances of the City of Kennedale, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Kennedale, Texas, for a properly dedicated street. 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 3 _i;.-.1510 ~S I Z the standard considerations of topography, land use and population denisity. *,rt.,-*r**,r,t,t*r,r,t.t,t,r*,r**,t***,r+~*,r,r*wr+**,r*r****,r**,r+****r*#+,r*,t,r*,r***+** 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 areas 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 areas 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 areas 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 THZS 9 DAY OF December 1993. _ :. MAYOR BILL ABBOTT ATTEST: KATHY TURN , CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ~~ CITY ATTORN Y DATE: L~cember 9, 1993 ADOPTED: December 9, 1993 EFFECTIVE: December 9 1993 4 .I~570 OSl3 ~ . ,, 1 D194110053 CITY OF KENNEDALE P O BOX 268 ItENNEDALE, TX 76060 -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 RENNEDALE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 194227645 DR93 T003957 05/06/94 14:27 INSTRUMENT FEECD 1 D194110053 WD INDEXED TIME 940506 14:24 CK 18558 T O T A L DOCUMENTS: O1 F E E S: 37.00 i 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. S~ U ~~ s.~ "'. JPT:MAP:AS:emr DJ 166-012-3 94-0412 Ms. Kathy Turner City Secretary P. O. Box 268 Kennedale, Texas 75^60 Dear Ms. Turner: March 17, 1994 This refers to two annexations (Ordinance Nos. 44 and 45 (1993)) to the City of Kennedale in Tarrant County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on January 31, 1994. The Attorney General does n the specified changes. However, provides that the failure of the not bar subsequent litigation to changes. See the Procedures for (28 C.F.R. 51.41). ~t interpose any objection to we note that Section 5 expressly Attorney General to object does enjoin the enforcement of the the Administration of Section 5 Sincerely, U S. Department of Justice Civil Rights Division Uning Section P.O. Bae 66128 Washington, D G 20035-6128 James P. Turner Acting Assistant Attorney General Civil Rig~.t.s--Bi.Xision ~.~ Y ~ Steven H. Rosenbaum Chief, Voting Section 4 ~gE Cp~A o COMPTROLLER OF PUBLIC ACCOUNTS ~, ~ STATE OF TEXAS wo ~`~ AUSTIN, 78774 ~`rexps~ December 28, 1993 Ms. Kathy Turner City Secretary City of Kennedale P O Box 268 Kennedale, Texas 76060-0268 Dear Ms. Turner: We have received annexation ordinance nos. 44 and 45 and the maps indicating the property to be annexed into the City of Kennedale. Our oiTice needs additional time to implement the local sales tax in the newly annexed area. Therefore, the effective date for this local tax will be April 1, 1994. If you have any questions or need more information, please call me toll free at 1-800-531-5441, extension 51082. The regular number is (512)475-1082. Sincerely, -~-._,.~, 5 ~ Tina Saldana Tax Allocation Section Revenue Accounting Division TS:ts an equal opportunity employer Fort ~~orth Star-Telegram FED. I.D. N0.22-2573893 400 W. SEVENTH STRrEr : FORT WORTH. TEXAS 76102 AD INVOICE NO. 2574644 ACCOUNT NO. CIT33 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared PENNY GRAY Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: APPAOVA<. - - DUE FAY AMT ~ _ e iv 5 2574644 CL 358 1 X71L 71 4.04 286.84 CITY OF KENNEDALE _ NOTHEARFNGS LI The Kennetlale City Council 1ll h l t i h i AFFIDA IT FEE 15 .00 w o tl wo publ ear c n33s on Monday, November 15, 1993, x17:00 p.m. and}woDUb- ........ lic hearlnes on Thursday, No- vember 18 1993 at 7 00 m . , : p. . -at 100 Eas} Broadway Street ~ICommunity Centerl, Kenne- Cale, Texas. The purpose of }he hearingsis to consider the ll t f l d 3 01 .8 4 wo o ow n9 propose an- nexafions: I. An annexation reau steel by ~FWT, Inc., IMr. ~ommy Moore, Presitlent). The property Is descrbed as -Tract 31D and 31J David Strickland Survey, Abstr t ac C g of 71e dcho[ateCtan Ithel IZ00 /+ flock ofWesiMansf leltl High- SIGNED way. 2 An annexation requested by amaiorityof the qualifietl vot• SUBSCRIBED AND SWORN ers of an area contiguous of theCdyp+kennetlaleandgen- C IS THE ~n+hDAY OF mar pyt -~~"..,~Bt, erally described: Beginning at a polni on JoDI- ing Road at the NOrthea st cor-~ nerotiract3ofiheBenJODIIng A r ~{/ _ (i ~V1~L/JI/-(4/d~-~ l6/~_ N t r Public pr ~4, ?i ~`.r! ~, :,; Survey, Abstract 866 then continuing South on lopling Road to the Southeast corner y o a ~N; y ~ yrs.. .:+ry of Lol6A of the LC. Rayburn Subdivision, then wTs~t aion9 TARRANT COUNTY, TEXAS E PAY THIS ORIGIN NorihwestcofrnerofTracf2of~%ONCILE WITH MONTHLY STATEMENT. THANK YOU! the Ben Jopling Survey, Ab- TEAR ALOI stract 880, then North and RETURN THE LOWER PORTION WITH YOUR PAYMENT-~~ /'- Easi along the Kennetlalecity