O475ORDINANCE NO. 475
AN ORDINANCE CANCELING THE MAY 14Trr, 2011 GENERAL
ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE
ELECTED TO OFFICE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale 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, in accordance with law a general election has been ordered for May 14Th
2011 for the purpose of election council members to serve on the city council in the City of
Kennedale; and
WHEREAS, no proposition is to appear on the ballot in that election; and
WHEREAS, the city secretary has certified in writing that each candidate on the ballot
its unopposed for election to office; and
WHEREAS, the filing deadlines for placement on the ballot and declaration of write -in
candidacy have passed; and
WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election Code
authorizes a governing body to declare each unopposed candidate election of office and cancels
the election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The following candidates, who are unopposed in the May 14`h, 2011 general election, are
hereby declared to office, and shall be issused a certificate of election at the time prescribed in
the Election Code for canvassing of votes:
John Clark Council Place I
Brian Johnson Council Place 3
Frank Fernandez Council Place 5
SECTION 2.
The general election previously ordered for May 14th, 2011 for the purposed of election
councilmennber to serve on the city council in the City of Kennedale is hereby canceled.
SECTION 3.
The city secretary is directed to post a copy of this ordinance at each designated polling
place on May 14'h, 2011.
SECTION 4.
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
provision of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the city council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph, or section of this ordinances shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the city council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
PASSED AN APPROVED ON THIS 14"' DAY OF APRIL, 2011.
f
Mayor, Bryan Lankhorst
ATTEST: YO I -
Amet y t G. Ormo, City Secretary
APPROVED AS TO FORM AND LEGALITY:
tAJlcE�_._
Wayne K. Olsen, City Attorney