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2018_05.15 CC Packet KENNEDALE CITY COUNCIL AGENDA SPECIAL MEETING | May 15, 2018 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE SPECIAL SESSION - 5:30 PM I. CALL TO ORDER NOTE: Pursuant to §551.071, Texas Government Code, City Council reserves the right to adjourn into Exe cutive Session at any time during the Work Session or the Regular Session to discuss posted Executive Session items or to seek legal advice from the City Attorney on any item posted on the agenda. II. ROLL CALL III. ELECTION BUSINESS A. Certification of official returns by the City Secretary B. Resolution 524, canvassing the returns and declaring the results of the general election held on May 5, 2018, for the purpose of electing the Mayor and Council Members Places 2 and 4 for the City of Kennedale and the propositions for the potential recall of Councilmembers Sandra Lee (Place 3) and Jan Joplin (Place 5) C. Oath of Office for Brian Johnson, Mayor, 2018 -2020 term D. Oath of Office for Chris Pugh, City Council Place 2, 2018 -2020 term E. Oath of Office for Linda Rhodes, City Council Place 4, 2018 -2020 term IV. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact the City Sec retary at 817.985.2104 or (TDD) 1.800.735.2989 . CERTIFICATION I certify that a copy of the May 15, 2018 agenda was poste d on the bulletin board next to the main entrance of City Hall 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times, and that said agenda was posted at least 72 hours precedi ng the scheduled time of said meeting, in accordance with Chapter 551 of the Texas Government Code. _________________________ LESLIE GALLOWAY, CITY SECRETARY STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM TARRANT COUNTY ELECTIONS LATE FRIDAY, MAY 11, 2018. COUNCIL WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING . Page 1 of 3 R52 4 CITY OF KENNEDALE, TX 201 8 RESOLUTION NO. 52 4 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CANVASSING RETURNS AND DECLARING RESULTS OF A MUNICIPAL ELECTION HELD IN THE CITY OF KENNEDALE ON MAY 5 , 201 8, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS AND DETERMIN ING WHET HER KENNEDALE VOTERS DESIRE D TO REMOVE COUNCILMEMBERS SANDRA LEE, PLACE 3, AND JAN JOPLIN, PLACE 5 FROM THE CITY COUNCIL . WHEREAS , heretofore on the 15 th day of February 2018, the City Council of the City of Kennedale, Texas, approved Resolution No. 517, calling for and ordering a general election to be held on Saturday, the 5 th day of May 2018 for the purpose of electing a Mayor and two Councilmembers; and WHEREAS , heretofore on the 15 th day of February 2018, the City Council of the City of Kennedale, T exas, also approved Resolution No. 516, calling for and ordering a special election to be held on Saturday, the 5 th day of May 2018 for the purpose of determining whether Kennedale voters desired to remove C ouncilmembers S andra L ee, P lace 3, and J an J oplin, P lace 5 from the C ity C ouncil ; and WHEREAS , said election was duly held at the time and place specified after due notice as required by law had been given by posting and publication; and WHEREAS , pursuant to Chapter 67, of the Texas Election Code, the City Council of the City of Kennedale is required to canvass the returns and declare the results of the election; and WHEREAS , the election returns, duly and legally made, showed that there were cast at said election a total of #### valid and legal votes, of which ##### were cast early, and ##### were cast on election day; and that each of the candidates and propositions in said election received the following votes: MAYOR CANDIDATE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE Jan Joplin Brian Johnson CITY COUNCILMEMBER, PLACE 2 CANDIDATE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE Lary Adkins Chris Pugh CITY COUNCILMEMBER, PLACE 4 CANDIDATE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE Timothy Brestowski Linda Rhodes STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM TARRANT COUNTY ELECTIONS LATE FRIDAY, MAY 11, 2018. COUNCIL WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING . Page 2 of 3 R52 4 CITY OF KENNEDALE, TX 201 8 PROPOSITION A: SHALL SANDRA LEE, COUNCIL PERSON PLACE 3, BE RECALLED AND REMOVED FROM OFFICE? CHOICE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE Yes No PROPOSITION B: SHALL JAN JOPLIN, COUNCIL PERSON PLACE 5, BE RECALLED AND REMOVED FROM OFFICE? CHOICE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE Yes No NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. The declarations and findings contained in the preamble of this Resolution are hereby found to be true and correct and shall be made a part hereof. SECTION 2. The City Council hereby finds and declares that the said City Council election for Mayor and Places 2 and 4 was held on May 5 , 201 8 , at which election qualified voters were given the opportunity to vote for the purpose of electing City Council Members and determining whether to remove C ouncilmembers S andra L ee, P lace 3, and J an J oplin, P lace 5 from the C ity C ouncil . SECTION 3. The City Council further finds and declares that the returns for such election are as follows: MAYOR (Two -Year Term) Jan Joplin XXX Votes; Brian Johnson XXX Votes; CITY COUNCILMEMBER - PLACE 2 (Two -Year Term) Lary Adkins XXX Votes; Chris Pugh XXX Votes; CITY COUNCILMEMBER - PLACE 4 (Two -Year Term) Tim othy Brestowski XXX Votes; Linda Rhodes XXX Votes; PROPOSITION A - SHALL SANDRA LEE, COUNCIL PERSON PLACE 3, BE RECALLED AND REMOVED FROM OFFICE? Yes XXX Votes; No XXX Votes; PROPOSITION B - SHALL JAN JOPLIN, COUNCIL PERSON PLACE 5, BE RECALLED AND REMOVED FROM OFFICE? Yes XXX Votes; No XXX Votes; STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM TARRANT COUNTY ELECTIONS LATE FRIDAY, MAY 11, 2018. COUNCIL WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING . Page 3 of 3 R52 4 CITY OF KENNEDALE, TX 201 8 SECTION 4. The City Council further finds and declares that such returns are correct, and adopts them as the returns of the election held May 5 , 201 8 , together with the tabulation of the total number of votes received. SECTION 5. The City Council further finds the follow persons be declared elected to the office of City Council: That Brian Johnson is hereby declared to be elected to the Office of Mayor of the City of Kennedale, Texas for a term of office for two years. That Chris Pugh is hereby declared to be elec ted to the Office of City Council - Place 2 of the City of Kennedale, Texas for a term of office for two years. That Linda Rhodes is hereby declared to be elected to the Office of City Council - Place 4 of the City of Kennedale, Texas for a term of office for two years. SECTION 6 . The City Council further finds : That Sandra Lee shall retain her position as Councilmember Place 3 for the remainder of her elected term (2017 -2019 ). That Jan Joplin shall retain her position as Councilmember Place 5 for the remainder of her elected term (2017 -2019 ). DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE ON THE 15 th DAY OF MAY , 2018. APPROVED: ______________________________ MAYOR, BRIAN JOHNSON [CITY SEAL ATTEST: ______________________________ CITY SECRETARY, LESLIE GALLOWAY APPROVED AS TO FORM AND LEGALITY: ______________________________ CITY ATTORNEY, WAYNE OLSON