O518ORDINANCE NO. 518
AN ORDINANCE CANCELING THE MAY 11, 2013 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 the city council of the City of Kennedale ordered a
general election to be held on May 11, 2013 for the purpose of electing council members to
serve in Place 1, Place 3 and Place 5 on the city council; 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 is
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 the governing body to declare each unopposed candidate elected to office and to
cancel 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 11, 2013 general election, are hereby
declared elected to office, and shall be issued a certificate of election at the time prescribed in
the Election Code for canvassing of votes:
Charles Overstreet Council Place 1
Brian Johnson Council Place 3
Frank Fernandez Council Place 5
SECTION 2
The general election previously ordered for May 11, 2013 for the purpose of electing council
members to serve on the city council of 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 11, 2013.
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repealed.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 AND APPROVED ON THIS 14th DAY OF MARCH, 2013.
APPROVED:
ayor J hn Clark
vv'ay r on U' 1ty Attorney