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O590ORDINANCE NO. 590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CALLING A SPECIAL ELECTION TO BE HELD ON MAY 7, 2016, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENTS TO THE VOTERS; PROVIDING AN ESTIMATE OF ANTICIPATED FISCAL IMPACT; PROVIDING FOR NOTICE OF THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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, it is the desire of the City Council to call a special election to submit proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the Local Government Code; and WHEREAS, Section 9.004(b) of the Local Government Code requires the election to be held on a uniform election date; and WHEREAS, Section 41.001 of the Election Code establishes the first Saturday in May as a uniform election date, and the City Council has determined that date sufficient in time to comply with the requirements of the law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1 CHARTER AMENDMENT ELECTION CALLED The City Council does hereby, on its own motion, order a special election to submit to the voters of the City of Kennedale proposed amendments to the City Charter. The proposed amendments to the City Charter are set forth in Exhibit "A" attached to this ordinance and incorporated herein for all purposes and are hereby approved by the City Council for submission to the voters. The election shall be conducted according to the laws of the State of Texas, and shall be held on Saturday, May 7, 2016, from 7:00 a.m. to 7:00 p.m. SECTION 2 BALLOTS The official ballots for the election shall be prepared in accordance with the Election Code so as to permit the electors to vote "Yes" or "No" on the propositions, with the ballots to contain such provisions, markings, and language as required by law, and with the propositions to be expressed substantially as set forth in Exhibit "B" attached hereto and incorporated herein for all purposes. SECTION 3 POLLING PLACES Voting shall be conducted on Election Day between the hours of 7:00 a.m. and 7:00 p.m. at the following voting places: County Precincts Election Day Polling Location SECTION 4 ELECTION PROCEDURES Procedures for this special election shall be established by a separate resolution. SECTION 5 FISCAL IMPACT If the charter amendments in this ordinance are approved at the election, it is estimated that there will be no fiscal impact on the City. SECTION 6 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance 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 7 NOTICE (a) A copy of this ordinance shall be posted not later than the 21 day before the election on the bulletin board used for posting notices of meetings of the City Council. Notice of the election, including a Spanish translation thereof, shall be published at least once, not earlier than the 30 day nor later than the 10 day before the election in a newspaper of general circulation in the City of Kennedale. (b) Additionally, in accordance with Section 9.004(c) of the Local Government Code, notice of the election shall be published in a newspaper of general circulation in Kennedale on the same day, in each of two consecutive weeks, with the first publication occurring before the 14 day before the election day. The notice shall contain a substantial copy of the proposed amendments and shall include an estimate of the anticipated fiscal impact to the City if the amendments are approved. SECTION 8 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after approval. PASSED AND APPROVED ON THIS 15 DAY OF FEBRUARY, 2016. ATTEST: Oj;'� jjlaLo� City Secretary APPROVED AS TO FORM AND LEGALITY City Attorney OF Cj i�e��p fNl e EXHIBIT "A" Proposed Charter Amendments Section 3.06 Vacancies and Forfeiture of Office (a) Vacancies. The office of a Council member or Mayor shall become vacant upon the death, resignation, forfeiture of office, or removal from office in any manner authorized by law or by this Charter. (1) Vacancies on the City Council for offices with three year terms shall be filled as provided in this subsection. If a vacancy occurs in the office of the Mayor at a time when there remains an unexpired term of twelve (12) months or less, it shall be filled by the Mayor Pro Tem. If a vacancy occurs in any other City Council position at a time when there remains an unexpired term of twelve (12) months or less, including a position if vacated by the Mayor Pro Tem, it shall be filled by appointment by a majority vote of all of the remaining Council members. If a vacancy occurs in the office of the Mayor or any City Council position at a time when more than twelve (12) months remains on the unexpired term, it shall be filled by a majority vote of the qualified voters at a special election called for such purpose within one hundred twenty (120) days. (2) Vacancies on the City Council for offices with two year terms shall be filled as provided in this subsection. The City Council may call a special election or by a majority vote of all remaining Council Members appoint a qualified person to fill the vacancy. (b) Forfeiture of Office. A Council member shall forfeit office if the member: (1) Lacks at any time during the term of office any qualification for the office prescribed by law or by this Charter; (2) Violates any express prohibition of this Charter; (3) Is convicted of a felony or any offense involving moral turpitude while in office; or (4) Fails to attend three (3) consecutive scheduled meetings without valid excuse, or fails to maintain an eighty (80) percent attendance record, excluding excused absences, for each elected year (including all scheduled budget and special meetings). (c) Declaration. Upon finding the occurrence of a condition of forfeiture, the Council must declare a vacancy at its next regular meeting and shall fill the vacancy as set forth in this Charter. (d) Qualifications. The Council shall be the judge of the qualifications of its members and for these purposes shall have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the courts. Section 3.08 Meeting Procedure (a) Meeting. The City Council shall meet in regularly scheduled City Council meetings at least once each month at such times as the members may prescribe by rule. Special meetings may be called on the request of the Mayor or three (3) City Council members. All City Council meetings shall be held at City Hall or at such place in the City that will permit the attendance of the general public. All City Council meetings and all sessions of the City Council and committees of the City Council shall be open to the public; however, the City Council may recess for the purpose of discussing in a closed or executive session those matters permitted by State Law, including, but not limited to: (1) Pending or contemplated litigation, settlement offers, and any other legal advise. (2) The acquisition or disposal of real property. (3) Personnel matters. (4) The evaluation of candidates for offices appointed by the City Council. (b) A motion calling for a closed or executive session must be made in a public meeting and must state the general subject to be discussed. No final action or vote with regard to any matter considered in a closed meeting shall be made except in a public meeting. (c) Rules and Minutes. The City Council shall determine its own rules and order of business, and shall provide for keeping minutes of all its proceedings. The minutes shall be a public record. The record of votes shall be recorded in the minutes of the City Council. (d) Quorum. Three (3) members of the City Council shall constitute a quorum. The Mayor's presence shall not be counted for determining a quorum. Section 4.01 City Council Places and Terms (a) The City Council shall be divided into the Mayor and places 1, 2, 3, 4 and 5. Each position shall be filled by a qualified citizen from the City who is elected at large by a majority vote cast by qualified voters. (b) Each place shall be for a two year term through the election in 2016. (c) The Mayor shall be elected for a one year term in 2018 and the Mayor shall thereafter be elected for a three year term beginning in 2019. (d) Council members for places 1 and 3 shall be elected for three year terms beginning in 2017. (e) Council members for places 2 and 4 shall be elected for three year terms beginning in 2018. (f) The Council member for place 5 shall be elected for a two year term in 2017 and shall thereafter be elected for a three year term beginning in 2019. Section 5.06 City Secretary The City Council shall appoint the City Secretary by a majority vote. The City Council shall only appoint a person recommended by the City Manager. The City Manager may appoint such assistant city secretaries as the City Council may authorize. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances, attendance record, and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities stated in this Charter, the City Manager may designate administrative duties to be performed by the City Secretary. Section 6.02 Budget (a) Submission of the budget. On or before the fifteenth day of August of each year, the City Manager shall submit to the City Council a balanced budget for the ensuing fiscal year to meet the goals and objectives of the City Council and provide a budget message. [Paragraphs (b) through (g) remain unchanged.] Section 6.04 Annual Audit The City Council, by a majority vote of the entire Council, shall select and shall contract with a municipally oriented certified public accounting firm for the purpose of rendering an independent audit of all accounts and other financial records of the City government. The personnel of the firm conducting the audit shall not hold any public office in the City nor have any personal interest, direct or indirect, in the fiscal affairs of the City government or any of its offices. After completion of any audit of the City, the auditor shall prepare a report, and shall submit the report to the City Council, within one hundred eighty (180) days after the end of the fiscal year. The City shall provide copies to the public at cost, upon request. EXHIBIT "B" Ballot Language Proposition No. 1 —Vacancies in Office Shall Section 3.06 of the Kennedale Home Rule Charter be amended to provide if a vacancy occurs in a three year term of office of the Mayor or any City Council Member at a time when more than twelve (12) months remains on the unexpired term, it shall be filled through a special election; and if twelve (12) months or less remains on the expired term of the Mayor it shall be filled by the Mayor pro tem; and if twelve (12) months or less remains on the unexpired term of a City Council Member it shall be filled by appointment by a majority vote of the remaining City Council Members; and if a vacancy occurs in a two year term of office, it may be filled by a special election or appointment? Proposition No. 2 — Forfeiture of Office Shall Section 3.06 of the Kennedale Home Rule Charter be amended to allow the City Council to determine if a condition of forfeiture, as set forth in the Charter, exists for creating a vacancy in the office of a City Council Member? Proposition No. 3 — Meeting Procedure Shall Section 3.08 of the Kennedale Home Rule Charter be amended to provide that the Mayor's presence shall not be counted for determining a quorum? Proposition No. 4 — City Council Places and Terms Shall Section 4.01 of the Kennedale Home Rule Charter be amended to provide, beginning with the general election in 2017, for the Mayor and City Council Members to be elected for three (3) year terms and to provide for the transition from two (2) year terms to three (3) year terms? Proposition No. 5 — City Secretary Shall Section 5.06 of the Kennedale Home Rule Charter be amended to provide for the City Council to appoint a City Secretary upon recommendation by the City Manager and to allow the City Manager to appoint assist city secretaries as the City Council may authorize? Proposition No. 6 — Budget Shall Section 6.02 of the Kennedale Home Rule Charter be amended to provide for the City Manager to submit a balanced budget to the City Council on or before August 15 of each year? Proposition No. 7 — Audit Shall Section 6.04 of the Kennedale Home Rule Charter be amended to require the submission of an annual audit by an independent certified public accounting firm to the City Council no later than one hundred eighty (180) days after the end of the fiscal year?