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O246 ~M kr , ~6° , CITY OF KENNEDALE ~ ORDINANCE NO. 246 - ~ ~ ~ ` , dry! AN ORDINANCE PROVIDING FOR i~ ANNEXATION OF OAK s;f CREST ADDITION, BLOCK 1, LOTS 35, 36, 37, 38, AND 39 AND BLOCK 10, LOTS 1, 2, 3, 4, 5, 6A, AND 6B; HEREINAFTER MORE g~ ,k SPECIFICALLY DESCRIBED INTO rtir: CITY OF KENNEDALE, 1n}~ TEXAS FOR ALL MUNICIPAL PURPOSES; PROVIDING THAT iruS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR m~' ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN Er r r:CTIVE DATE. 2--.~ WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, notice was published in a newspaper of general circulation on January 25, 2003, and January 30, 2003, giving notice of public hearings to be held on February 11, 2003, and February 13, 2003, 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 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 is attached to and adopted with this ordinance as Exhibit "A"; 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, i r~.REFORE, BE IT ORDAINED BY rte: CITY COUNCIL OF rtir: CITY OF KENNEDALE, TEXAS: SECTION 1. ANNEXATION That all portions of the following tracts of land located in Tarrant County in Texas, described as: Oak Crest Addition, Block 1, Lots 35, 36, 37, 38, and 39, and Block 10, Lots 1, 2, 3, 4, 5, 6A, and 6B and more specifically described and depicted in Exhibit "B" attached hereto and incorporated herein for all purposes, 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. c:\citysec\council\ordinan\annex(02/06/03) Page 1 SECTION 2. ,~i~ =t SERVICE PLAN ~G! The Service Plan, attached hereto as Exhibit "A", and incorporated herein, is approved in all things and made a part of this ordinance for all purposes. T'i~ SECTION 3. -~ RIGHTS AND DUTIES OF OWNERS AND ' INHABITANTS IN NEWLY ANNEXED AREA The owners and inhabitants of the area annexed are entitled to all of the rights and privileges of all other citizens and property owners of the City of Kennedale and are bound by all acts, ordinances, and all other legal action now in full force and effect and all those which may be subsequently adopted. SECTION 4. OFFICIAL MAP The official map and boundaries of the City, previously adopted, are amended to include the newly annexed territory as a part of the City of Kennedale, Texas. The City Manager is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. A copy of the map shall be kept in the offices of the City Secretary and the City Engineer. SECTION 5. FILING CER rir i~D COPY The mayor is directed to file or cause to be filed a certified copy of this annexation ordinance, along with the map of the entire city highlighting the annexed area, with the following entities: a. The county clerk of Tarrant County within 30 days after the date of preclearance by the U.S. Department of Justice; b. The Secretary of State, Statutory Documents Division, P.O. Box 12887, Austin, Texas, 78711; and c. Sales Tax Division, Comptroller of Public Accounts, Capital Station, Austin, Texas 78711. In addition, the City Secretary is directed to notify all utility c.,...~,anies serving the City of Kennedale or the areas annexed. c:\citysec\council\ordinan\annex(02/06/03) Page 2 SECTION 6. CUMULATIVE CLAUSE r~~ =;t 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. ,`a 4 ' ~-` SECTION 7. ~ SEVERABILITY CLAUSE ~;i Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof, the 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. SECTION 8. AREAS EXCEPTED FROM ANNEXATION 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 the remainder of such area. 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 part of such described area is hereby not 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 annexed hereby as fully as if such excluded and excepted area were expressly described herein. SECTION 9. EFFECTIVE CLAUSE This ordinance shall be in full force and effect from and after its passage, and it is so ordained. c:\citysec\council\ordinan\annex(02/06/03) Page 3 PASSED AND APPROVED ON THIS 13th DAY OF MARCH 2003. s„ O~ KEN APPROVED: ~n~ = . , y x=, ~ ? ; • * = Mayor, Mar S. W ht • ~ ? 9 . COON ~ :ri ~ n„N City ecreta ~;I ~~~i APPROVED AS TO FORM AND LEGALITY: U/~~ o,~~ CITY ATTORNEY c:\citysec\council\ordinan\annex(02/06/03) Page 4 MUNICIPAL SERVICE PLAN _ Involuntary Annexation Of the parcel of land, known as: f a~~ u„ x APPROXIMATELY 62.2965 ACRES COLLECTIVELY WITHIN A PART OF THE OAK CREST ADDITION, SITUATED IN TARRANT COUNTY, TEXAS 1 SERVICES TO BE PROVIDED UPON THE EFFECTIVE DATE OF ANNEXATION: ~,-:I T~ t:~~ m^'i FIRE AND AMBULANCE SERVICE The City of Kennedale, Texas will provide, or cause to be provided fire protection and ambulance service to the newly annexed tract 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. POLICE The City of Kennedale, Texas will provide police protection to the newly annexed tracts 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. SOLID WASTE COLLECTION At the present time, the City of Kennedale provides solid waste and refuse collection services within the city limits of the City of Kennedale, Texas, through a contract with Republic Waste Services of Texas d/b/a Duncan Disposal Inc. Upon payment of any required deposits and the agreement to pay lawful service fees and charges, solid waste collection will be provided to residents in the newly annexed area to the extent that the City has access to the area to be serviced. MAINTENANCE OF WATER AND WASTEWATER FACILITIES Any and all water or wastewater 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 and wastewater 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. Exhibit "A" :sE ~ ~1 ~I MAINTENANCE OF ROADS AND STREETS a~,, =t Any and all roads, streets or alleyways 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 r„~ similar topography, land use, population and density. Any and all lighting of roads, streets and s=: alleyways which maybe positioned in aright-of--way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Kennedale, Texas, pursuant to the current rules, regulations and fees of the City of Kennedale, Texas. ~,t MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS The City Council of the City of Kennedale, Texas is not aware of the existence of any parks, playgrounds or swimming pools now located in the area proposed for annexation. In the event any such park, playground or swimming pool does exist and is a public facility, 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 of the City now incorporated in the City of Kennedale, Texas. MAINTENANCE OF PUBLICALLY OWNED FACLITY, BUILDING OR MUNICIPAL SERVICE The City Council of the City of Kennedale, Texas is not aware of the existence of any publicly owned facilities, buildings or other municipal service now located in the area proposed for annexation. In the event any such publicly owned municipal 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. CAPITAL IMPROVEMENTS: GENERAL The City policy for extending water and wastewater service is to extend service on an as required basis when development applications or subdivision plats are submitted to the City in accordance with the City's subdivision and development ordinances. Landowners may be required to fund capital improvements necessary to provide service in a manner consistent with law. Nothing in this plan shall be interpreted to require a landowner with newly annexed area 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. Exhibit "A" - POLICE PROTECTION, FIRE PROTECTION AND EMERGENCY MEDICAL ''3" SERVICES ~x~ The City Council of the City of Kennedale, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement for the purposes of providing police x protection, fire protection, or emergency medical service. 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, without reducing by more than the negligible amount of the level of fire, police, and ~~xl emergency medical services provided within the corporate limits of the City. WATER FACILITIES AND SERVICES The City Council of the City of Kennedale, Texas, has determined that the area is currently tied onto water offered by the City and capital improvements are not necessary to provide full municipal services in the area to be annexed. The water service is being provided at the rates established by the City and is available for point of service extension. SEWER SERVICE The City Council of the City of Kennedale, Texas, has determined that given the current state of development and expected development over the next ten (10) years, the area is or can be adequately served by private septic systems, and it is not necessary to construct capital improvements to provide full municipal services. If further development occurs that warrants extension or expansion of the sewer main, such extension or expansion will be in accordance with the City's utility policies. Upon connection to existing mains, sewer will be provided at the rates established by the City. ROADS AND STREETS Within 2-1/2 years, 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. 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 subdevelopment of the annexed property. Developers 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 as required by the City of Kennedale, Texas. Exhibit "A" 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 ~^i °I in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. 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 w;~i differ somewhat from the services provided in 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 as to provide the 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. ~1 Exhibit "A" nt r^"s .:f . . °j ~mi ~ -~ ~ .4... ~ ~ --i a . --,- YYRRSTATC 20 rt./~~ cc~. as sr V+ p~51 ti• _ ~ ~ . ~ SS ~ ~t~ { S!' ~ c5.k y ~ 1~ e .71 _ c . . ~-. ~ sr -a,r_-~ _ L- i . Y _ „r h s: ~ I ~ ~- fA Ordinance No. 246 App'd. 3/13/2003 Annexing the following: ~ _s• Oak Crest Addition Block 1, Lots 1, 2, 3, 4, 5, 6A & 6B Block 10, Lots 35, 36, 37, 38 & 39 r x ae .,r s T l'~<k~; . :R r. ;r .r. t 1 ~ J ~ I • ~ ~ n s. I _ . ~r ~Y„ W u- ~ _ ~- I ~---_~ ~ - ~ti:m, x D203218656 CITY OF KENNEDALE 405 MUNICIPAL DR CITY SECRETARYS OFF KENNEDALE TX 7 6 0 6 0 -~ -=i 'xl. -WARN I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y 4.~1 -~1 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 203384626 DR8F TB 06/19/2003 12:27 INSTRUMENT FEECD INDEXED TIME RECVD 1 D203218656 WD 20030619 12:27 CK 56810* T O T A L DOCUMENTS: Ol F E E S: 31.00 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.