O44~~
CITY OF KENNEDALE
ORDINANCE NO. 44
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF THE TRACT OF
LAND HEREINAFTER MORE SPECIFICALLY DESCRIBED BY METES AND
BOUNDS INTO THE CITY OF KENNEDALE, TEXAS FOR 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 n 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, 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 November 5, 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 2D 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 COIINCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That a certain tract of land located in Tarrant County in Texas,
described as Tract 31D and 315, David Strickland Survey, each lot
containing 1 acre of land located in the 1200 Block of West Mansfield
Highway, and more specifically described by metes and bounds in the
property description attached to the Petition for Annexation (Exhibit
"A"), 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 "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 ordinance 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 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 ordinance, 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 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.
9
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SECTION 5.
The City Secretary of 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 OE DECEMBE//RJJ~~19~~93.
Mayor Bill Abbott
ATTEST:
APPROVED AS TO FORM AN(D~'~LEGALITY:
CITY ATTORN Y
DATE : Di2CP..II1bEr' 9 , 1993
ADOPTED: DECPSObPr 9, 1993
EFFECTIVE: L~CPIIIbPT 9. 1993
3
Kathy Turn r, City Secretary
1570 ~4y1
EXHIBIT A
PETITION FOilE5'I7NG ANNEXATIO
STATE OF TEXAS ~
§
COUNTY OF TARRANT ~
TO TAE MAYOR AND GOVERNING BODY OF THE CITY OF KENNEDAI.E,
TARRANT COUNTY, TEXAS:
The undersigned owner of the hereinafter described tracts of land, being mare
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 tracts of land into the City of
Kennedale so that the entire above-referenced tracts shall be included within the
inc~irpnrated City of Kennedale, Texas, and does hereby certify and represent the following:
1. The tracts described in Exhibit "A" is one-half mile or less in width and
cantiguous tc~ the City of Kennedale; and
2. The tracts described in Exhibit "A" are vacant and without residents or have
less than three qualified resident voters; and
3. The tracts descnbcd in Exhibit "A" are owned by FWT, Inc., and no other
entity or person has an ownership interest in said tracts.
4. T. W. Moore certifies that he holds the position of President of FWT, Inc.,
and as such has the authority to sign this 'ion on behalf of said corporation.
T. W. Moore, President
FWT, Jnc.
STATE OF TEXAS §
COUNTY OF ~ r ~ ht §
This instrument was acknowledged before me an the 3~`"Q' day of
1993, by T. W. Maore, President of FWT, Inc., a Texas
Corp' lion, on behalf of said corporation.
Nola Public in nd fort e
State of Texas
I`sy Co ~missian Expires: Billie J. BailWea _
/ a,` ~ ~ Type or Print Notary's Name
f~\ftilea\muni\kan\sn~ea.p~t
.!1570 C~~~2
Exhibit A
TO PETITION FOR ANNEXATION
+( the l'nunt)• •~f Tarrant State of Texas
lot, tract or parcel of land, described as follows- to-wit:°
all tLat oertain
Being described as a 1-acre tract of land out of the David Strickland
Survey, Abstract ##1376, Tarrant County, ~exas, and being more particu-
larly described as follows:
BEGINfNING at an iron rod 4366 feet East df and 925.3 feet North of the
Southwest corner of the David Strickland'Survey;
THENCE East 200 feet to an iron rod for corner; '~
T1iENCE North 217.8 feet to an iron rod for corner; b ~
THENCE west 200 feet to'an iron rdd for corner;
THENCE South 217.8 feet to the place of Deginninq and coattalninq 1 acre
of land, more or lees, out of the David Strickland Snrwy.
~+! tho t'+•iun}• ~+f Tarrant Mato +,f Texu, all that certain
lot, tract, or parcel of Land being • part of the David Strickland Survey, Tarrant
County, Texas, and part of • 160-acre tract of land deeded to liay~ond Rufus S~Lney
by Halter A. tlEllfasu et ux of record in Volume 1563, page 434, Deed Aeeords of
Tarrant County, Te:as; and
BEGINNING ac an iron pin In the Korth right-of-vay line of TLSCO Easement of record
in Volume Zliti, page 306; said point being 4267 feet East of and 1588.6 feet North
of the southwest corner of the David Strickland Survey;
iF0'NCL South 81 degrees 15 ^inutea Last along Bald right-of-vay line 242 feet to an
iron pin for corner; ~~
TF~NCL North 2 degrees J4 ^inutea Laat 180 feet to an iron pln~lor corner;
'THfvCE V~rth R7 degrees 15 minutes Nest 242 feet to an Iron pen for corner;
THENCE South 2 degrees 34 sinu[es West 180 feet to the place o~ beginning, and con-
1ainlnK I.0 acre uE land, core or less.
I, 1570 X493
EXHIBIT B
PROPOSED SERVICE PLAN FOR
AENNEDALE SOUTH & FWT, INC. ANNE:
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.
,II570 X494
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
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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
.1: _I 5 ~D X496
the standard considerations of topography, land use and population
denisity.
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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 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 THIS 9
DAY OF _ December 1993.
MAYOR BILL ABBOTT
ATTEST:
KATHY TUR?'9ER, C~-Y SECRETARY
APPROVED AS TO FORM AND LEGALITY:
e
~ [ .
CITY ATTO EY
DATE: December 9, 1993
ADOPTED: DecP~nber 9, 1993
EFFECTIVE: DeCemhar-. 199"2
4
Iy:1570 t~97
1
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Y
D194110052
CITY OF RENNEDALE
P O BOX 268
RENNEDALE, TX
76060
-W A R M 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 ARRAN 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
194227644 DR93 T003957 05/06/94 14:27
INSTRUMENT FEECD
1 D194110052 WD
INDEXED TIME
940506 14:24 CR 18558
T O T A L DOCUMENTS: O1 F E E S: 25.00
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.
1~5~0 ~4~
U.S. Department of Justice
y ~~
lR
~' 0
~" ,}„ Civil RighLS Divtsron
~-"irm
M~
Ik,ting Section
JPT :MAP : AS : emr pp. Bae (6118
DJ 166-012-3 R~s1rL,bton, U.C. 20035-6128
94-0412
March 17, 1994
Ms. Kathy Turner
City Secretary
P. O. Box 268
Kennedale, Texas 75060
Dear Ms. Turner:
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,
James P. Turner
Acting Assistant Attorney General
Civil Rig ~ ision
By:
Steven H. Rosenbaum
~ Chief, Voting Section
tort worth afar=re~egram
400 W. SEVENTH STREET • 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
I, 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: n~r~clta,L
'JflD ~~ ,w___,__1iJY ~~
PU ~'_s.~_ SPL ARDR.._,~..,
DUC I'AY___,_._ AMT $_~_...._
INov 5 12574644 I CL 358 1 X71L 71 14.04 I 286.84
- HEAaINCS I AhFIDA~VIT FEE I 15.00
-The Kennetlale City Council II
will holA Iwo wuhllc haarlnws
301.84
SUBSCRIBED AND SWORN
SIGNED
S THE ~nrhDAY OF N
Notary Public r~ ~ ' t -~~~~'~~
TARRANT COUNTY. TEXAS
PLEASE PAY THIS ORIGINi
A~-TEAR ALOP
Fort Wi
25;
CITY OF KENNEDALE
P O BOX 268
KENNEDALE, TX 76060-268
CILE WITH MONTHLY STATEMENT. THANK YOU!
RN THE LOWER PORTION WITH YOUR PAYMENT~~
~ a00 W. SEVENTH ST. FORT WORTH, TEXAS 76102
ACCOUNT
NUMBER CIT33 ' 301.84
IF ANY QUESTIONS, PLEASE CALL (917) 390-7501
PLEASE PAY
THIS nrrnun{! 301 .84
PLEASE WRITE IN AMOUNT ENCLOSED