O658ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE
HELD ON MAY 4, 2019, FOR THE PURPOSE OF SUBMITTING TO THE
VOTERS PROPOSED AMENDMENTS TO THE CHARTER;
APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AND
ESTABLISHING PROCEDURES FOR THAT ELECTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the "City ") 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 intention 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 Texas Local Government Code; and
WHEREAS, an election to submit to the voters proposed amendments to the city
charter is required by law to be held on the uniform election date that occurs 30 days
after the election is ordered and Section 3.005 of the Texas Election Code requires that
a special election be ordered prior to February 15, 2019; and
WHEREAS, Section 41.001 of the Texas Election Code specifies that the May 4,
2019 is a uniform election date.
WHEREAS, the election will be held as a joint election, conducted under the
authority of Chapter 271 of the Texas Election Code (the "Code "); and
WHEREAS, by this Ordinance, it is the intention of the City Council to designate
a polling place for the election, to appoint the necessary election officers, to establish
and set forth procedures for conducting the election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1. SPECIAL 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 4, 2019 from 7:00
a.m. to 7:00 p.m.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 1 OF 26
0658 CITY OF KEIJIJED,4LE. TX 2010
SECTION 2. BALLOTS.
The official ballots for said election shall be prepared in accordance with the
Texas Election Code so as to permit the electors to vote "YES" or "NO" on each
proposition, 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 as
follows:
PROPOSITION A — Vacancies for Three Year Terms
Shall the Kennedale Home Rule Charter be amended to delete Section 3.06(a)(1)
regarding filling vacancies for three (3) year terms as unnecessary, because the charter
only provides for two (2) year terms?
PROPOSITION B — Indebtedness
Shall the Kennedale Home Rule Charter be amended to revise Section 6.05 regarding
the issuance of indebtedness by retaining the first sentence thereof (which authorizes
the City to issue all forms of indebtedness permitted by state law), retaining the existing
additional authority to enter into short term borrowings (less than one year), and
deleting all other provisions thereof since they are otherwise provided by state law?
PROPOSITION C — Initiative, Referendum and Recall
Shall the Kennedale Home Rule Charter be amended to revise Article XI by increasing
the signature requirements for initiative, referendum and recall to thirty percent (30 %) of
the votes cast in the last regular election but not less than five hundred (500) by
amending Section 11.01; and to allow for a public hearing prior to calling a recall
election by amending Section 11.03?
SECTION 3. EARLY VOTING.
a. Early voting by personal appearance. Early voting by personal appearance
shall be conducted beginning April 22, 2019, and continue through April 30,
2019, at the Kennedale Community Center, 316 W. 3rd Street, Kennedale,
Texas 76060 at the following times:
MONDAY, APRIL 22, 2019
TUESDAY, APRIL 23, 2019
WEDNESDAY, APRIL 24, 2019
THURSDAY, APRIL 25, 2019
FRIDAY, APRIL 26, 2019
SATURDAY, APRIL 27, 2019
SUNDAY, APRIL 28, 2019
MONDAY, APRIL 29, 2019
TUESDAY, APRIL 30, 2019
8:00 A.M. — 5:00 P.M.
8:00 A.M. — 5:00 P.M.
8:00 A.M. — 5:00 P.M.
8:00 A.M. — 5:00 P.M.
8:00 A.M. — 5:00 P.M.
7:00 A.M. — 7:00 P.M.
11:00 A.M. — 4:00 P.M.
7:00 A.M. — 7:00 P.M.
7:00 A.M. — 7:00 P.M.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 2 OF 26
(-)w33 (;11',' 01= K[iNP1E1)%VLIE. TX 2019
Branch offices for early voting by personal appearance shall also be
established as outlined in the Joint Election Agreement with Tarrant County.
b. Early Voting by Mail. Heider Garcia, the Tarrant County Elections
Administrator, or his successor, acting pursuant to Texas Government Code
§601.002 ( "Election Administrator "), is hereby designated as Early Voting
Clerk for the election. Applications for early voting by mail may be delivered
not later than the close of business on April 23, 2019 to the Election
Administrator in any of the following ways: via mail to Early Voting Clerk, P.O.
Box 961011, Fort Worth, Texas 76161 -0011; via courier or hand delivery to
Tarrant County Elections, 2700 Premier St., Fort Worth, Texas 76111 -3011;
via fax to 817 - 831 -6118; or via email to votebymail @tarrantcounty.com.
c. Early Voting Ballot Board. Early voting, both by personal appearance and by
mail, shall be canvassed by the Early Voting Ballot Board established by
Tarrant County under the terms of the Agreement.
SECTION 4. APPOINTMENT OF ELECTION JUDGE AND
ALTERNATE ELECTION JUDGE.
The Presiding Election Judge and Alternate Presiding Judge shall be appointed
by Tarrant County as authorized by Chapter 271 of the Code.
SECTION 5. METHOD OF VOTING; COSTS.
The Joint Election Agreement shall provide (a) the type of electronic voting
equipment to be used for early voting by personal appearance and on election day, (b)
notification and training for election judges and clerks, (c) an estimate and final payment
terms for the election services provided, (d) agreements for early voting equipment and
voting machine rental, and (e) other procedures to conduct the election. All
expenditures necessary for the conduct of the election, the purchase of materials
therefor, and the employment of all election officials are hereby authorized, and shall be
conducted in accordance with the Code.
SECTION 6. GOVERNING LAW AND QUALIFIED VOTERS.
The election shall be held in accordance with the Constitution of the State of
Texas and the Code, and all resident qualified voters of the City shall be eligible to vote
at the election.
SECTION 7. PUBLICATION AND POSTING OF NOTICE OF ELECTION.
Notice of the election shall be given as required by Chapter 4 of the Code, and
additionally, a substantial copy of the proposed amendments shall be published on the
same day twice in each of two successful weeks, with the first publication occurring
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 3 OF 26
06'52 CITY OF KE1,11,1EDALE, TX 2019
before the 14th day of the election in conformance with Section 9.004(c) of the Texas
Local Government Code.
SECTION 8. NECESSARY ACTIONS.
The Mayor and the City Secretary, in consultation with the City Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the
provisions of federal and state law in carrying out and conducting the election, whether
or not expressly authorized herein.
SECTION 9. EFFECTIVE DATE.
This resolution shall be effective upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, THE 11TH DAY OF FEBRUARY, 2019.
APPROVED:
MAYOR, BRIAN JOHN ON
ATTEST:
_ �� c..„),... �,t pF K8jV�FO
CI Y SECRETARY, LESLIE GALLOWAY - *
APPROVED AS TO FORM AND LEGALITY: ' %'�lij'••.,, •• ..••���`�
C
CITY AT ORNEY
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 4 OF 26
06b2 GI 1 Y 01 KENNEDALE, I X 2019
ORDINANCE NO. 658
EXHIBIT A:
"2019 CHARTER CHART" (21 pages)
Proposed Changes (Redlined) Appear On:
• Page 8: Section 3.06 - Vacancies and Forfeiture of Office
• Pages 15 -16: Section 6.05 - Indebtedness
• Page 21: Section 11.01 - Initiative
• Page 22: Section 11.03 - Recall
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER', PAGE 5 OF 26
06553 CITY OE KEF11 HE1) %ALL. I X 2019
2019 PROPOSED CHARTER
ARTICLE I - FORM OF GOVERNMENT AND BOUNDARIES
Section 1.01 - Incorporation
The citizens of the City of Kennedale, Tarrant County, Texas, do hereby declare that the City of
Kennedale is incorporated as a political subdivision of the State of Texas under the name of
"City of Kennedale ", hereinafter referred to as the 'City', and with the duties, rights, powers,
authority, privileges, obligations, and immunities provided in this Charter.
Section 1.02 - Form of Government
The City government shall be a "Council- Manager Government ". Pursuant to the provisions of
and subject only to the limitations imposed by this Charter and by the state constitution and
statutes, the City Council, led by the Mayor, shall be vested with all the powers of the City. The
City Council shall enact legislation, adopt budgets, determine policies and appoint the City
Manager. The City Manager shall execute the laws and administer the government of the City.
The Mayor is responsible for vigilantly reviewing governmental activities, providing leadership
and making recommendations to the Council and City Manager that ensure that the city
government is meeting the needs of the citizens of the City of Kennedale.
Section 1.03 - Boundaries
The boundaries of the City shall be as they exist when this Charter is adopted and shall remain
in effect until changed.
Section 1.04 - Change of Boundaries
The City Council may, by ordinance, annex territory to the City. The City Council may, by
ordinance, disannex territory within the City, and /or exchange territory with other cities and
towns. These actions are subject only to state law. In accordance with state law, the people who
reside in annexed territory shall be entitled to all the rights and privileges of citizens of the City,
and shall be bound by the acts, ordinances, resolutions, and regulations of the City.
ARTICLE II - RIGHTS AND POWERS OF THE CITY
Section 2.01 - General
The City shall have the rights and powers granted to municipalities and cities under the general
laws, and the rights and powers of self - government that now exist or may hereafter be granted
to Home Rule Cities by the Constitution and the general and special laws of the State of Texas,
together with all the rights and powers so granted as fully and completely as though they were
enumerated in this Charter. Such rights and powers, whether expressed or implied, shall be
exercised and enforced in the manner prescribed by applicable State Law or by this Charter,
and when not prescribed herein, in such manner as shall be provided by ordinance or resolution
of the City Council.
Section 2.02 - Construction and Severability
The rights and powers of the City under this Charter shall be construed in favor of the City in the
event of conflict between the City and other governmental agencies or bodies, corporations, or
individuals, and the specific mention of particular rights or powers in this Charter shall not be
construed as limiting in any way the general rights and powers stated in this Article. In addition,
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 6 OF 26
0f- -; t:11 Or I'.ENN-A ALL, TX 20119
should any phrase, clause, sentence, or provision of this Charter be declared invalid by a court
of competent jurisdiction, the validity and applicability of the remainder of this Charter shall not
be affected.
Section 2.03 - Intergovernmental Relations
The City may exercise any of its rights or powers or perform any of its functions, and may
participate in the financing thereof, either jointly or in cooperation, by contract or otherwise, with
any one or more of the States or any political subdivisions or agencies thereof, or with the
United States or any agency thereof.
Section 2.04 - Transfer of Rights, Powers, and Obligations
(a) The City shall succeed to all rights, claims, actions, orders, contracts, and legal or
administrative proceedings pending or in process at the effective date of this Charter, except as
modified pursuant to the provisions herein; and each matter shall be maintained, carried on, or
dealt with by the City authority as appropriate under this Charter.
(b) All City ordinances, resolutions, orders, and regulations in force on the date this
Charter becomes fully effective are repealed to the extent that they are inconsistent or interfere
with the operation of this Charter or of ordinances or resolutions adopted pursuant hereto. To
the extent that the Constitution and laws of the State of Texas permit, all laws governing this
City or its agencies, officers, or employees at the time this Charter becomes fully effective are
superseded and void to the extent that they are inconsistent or interfere with the operation of
this Charter or of ordinances or resolutions adopted pursuant hereto.
ARTICLE III - THE CITY COUNCIL
Section 3.01 - City Government
The governing body of the City shall be known as the "City Council of the City of Kennedale ",
hereinafter referred to as the "City Council ". The City Council shall be composed of a Mayor and
five (5) other Council members.
Section 3.02 - Expense Reimbursement
Each member of the City Council shall receive reimbursement for each scheduled City Council
meeting duly attended. In addition to the above, the City shall, upon receiving receipts and other
appropriate documentation for authorized expenditures, reimburse the members of the City
Council for necessary expenses incurred by them in the performance of their official duties.
Section 3.03 - Mayor and Mayor Pro Tem
The Mayor shall preside at City Council meetings, and shall be recognized as head of the City
government. The Mayor shall have the right to vote only in the event of a tie. The Mayor shall
also have veto power. The City Council shall elect one of its members Mayor Pro Tem. The
Mayor Pro Tem shall act as Mayor in the absence of the Mayor and shall have the same duties
and power as the Mayor except veto power. The Mayor Pro Tem shall retain the right to vote as
a Council member.
The Mayor may exercise veto power over a Council action within five (5) working days of that
action. The Mayor shall give written notice of a veto to the City Secretary. Upon proper notice,
Council action to consider overriding a veto shall be an agenda item at the next scheduled
Council meeting. The decision of the Council to override a veto is not subject to veto by the
Mayor and becomes effective immediately.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 7 OF 26
G658 GITY 01- KENNEDALE, Y, 2010
Section 3.04 - General Duties and Powers
By this Charter, all powers of the City shall be vested in the City Council. The City Council shall
exercise these powers to ensure the performance of all duties and obligations imposed on the
City by law and by this Charter. Specifically, the City Council is provided with, but not limited to,
the following powers:
(a) To enact municipal legislation.
(b) To appoint or elect and to remove, after a hearing, all persons appointed or elected
by the City Council.
(c) To establish the compensation for all City officers.
(d) To create, change, or abolish all offices, departments, and agencies of the City
government other than those offices and agencies created by this Charter; and to assign
additional duties and powers consistent with this Charter to officers, departments, and agencies
created by this Charter.
(e) To establish operating policy.
(f) To establish the boundaries of the City.
Section 3.05 - Prohibitions
(a) Holding Other Office. Except where authorized by law, no member of the City Council
shall hold any other City office or employment with the City, excluding boards, committees and
commissions, during the term for which the Council member was elected to the City Council. No
former member of the City Council shall hold any compensated appointed City office or
employment with the City for a period of two years after the expiration of the term of office.
(b) Appointments and Removals. Neither the City Council nor any of its members shall, in
any manner, dictate the appointment or removal of any City administrative officer or employee
whom the City Manager or any of his subordinates are empowered to appoint. The City Council
may, however, express its views fully and freely, discussing with the City Manager anything
pertaining to the appointment and removal of such officers and employees.
(c) Interference in Administrative Matters. Except for the purpose of inquiry or
investigation, the City Council shall deal with administrative departments and the personnel of
these departments solely through the City Manager. Neither the City Council nor any of its
members shall give an order, either publicly or privately, to any subordinate of the City Manager.
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) Reserved. Vacancies on the City Council for offices with three year terms shall be
there term twelve (12) months or Tess, it shall be filled by the
when remains an unexpired of
Mayor Pro Tem. If in City Council a time when there
a vacancy occurs any other position at
14- • -•• - • •• • - - - - - • - .
e e
than twelve remains on the unexpired term, it shall be filled by a
when more (12) months
the for within one
rnajority vote of qualified voters at a special election called such purpose
hundred twcnty days.
(120)
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 8 OF 26
0658 CITY OF KENNEDALE, TX 2019
(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 3.07 - Investigations
The City Council may investigate the affairs of the City and the official conduct of any City
department, office, or agency. For this purpose, the City Council may subpoena witnesses,
administer oaths, take testimony, and compel the production of all pertinent evidence. Any
person who fails or refuses to obey a lawful order issued by the City Council shall be guilty of a
misdemeanor, as provided by ordinance.
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 advice.
(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.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 9 OF 26
0658 CITY OF KEI'II IEDALL, TX 2010
(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 3.09 - Ordinances
(a) An ordinance must be adopted by majority vote of the City Council to accomplish any
of the following acts:
(1) Adopt or amend an administrative code or establish, alter, or abolish any City
department, office, or agency.
(2) Provide for a fine or other penalty, or establish a rule or regulation for violation of
which a fine or other penalty is imposed.
(3) Levy taxes.
(4) Grant, renew, or extend a franchise.
(5) Regulate the rate charged for its services by a public utility.
(6) Authorize the borrowing of money.
(7) Convey, lease, or authorize the conveyance or lease of any lands of the City.
(8) Adopt without amendment ordinances proposed under the initiative power.
(9) Amend or repeal any ordinance previously adopted, except as otherwise provided
in this Charter with respect to repeal of ordinances reconsidered under the referendum power.
(10) Set fees, rates and charges.
(b) Acts other than those referred to in (1) through (10) above may be accomplished by
ordinance, resolution, or vote of the Council unless law or specific provision of this Charter
requires that they be enacted by ordinance.
Section 3.10 - Procedure for Enactment of Ordinances
(a) Each proposed ordinance shall be introduced in written or printed form, and the
enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE ", but such enacting clause may be omitted when the ordinances of the
City are codified and published in book or pamphlet form by the City of Kennedale. All
ordinances, resolutions or orders may be passed at any regular meeting or at any special
meeting called for that purpose. Prior notification of all meetings shall be made to the public and
the press in accordance with the requirements of State law.
(b) Proposed ordinances shall be published in the official medium as provided by State
Law. All such ordinances may be admitted and received in all courts, subject to the rules of
evidence and laws of jurisdictions where proof of such ordinances is tendered, without further
proof. All meetings and ordinances shall be governed in strict accordance with State Law.
Section 3.11 - Authentication, Recording, Codification, and Printing
(a) Authentication and Recording. The City Secretary shall record in full, all ordinances and
resolutions adopted by the City Council. This record shall be authenticated by the signature of
the City Secretary.
(b) Codification. The City Council shall provide for the preparation of a general codification of
all City ordinances and resolutions having the force and effect of law. The general codification
shall be adopted by the City Council by ordinance, and shall be published promptly in bound or
loose -leaf form with this Charter and any laws of the State of Texas and such codes or technical
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 10 OF 26
0658 CITY OF KFNIIEUALE, TY, 2.01 9
regulations and other rules and regulations as the City Council may specify. This compilation
shall be known and cited officially as the "City Code of Kennedale, Texas ". Copies of the code
shall be furnished to city officers, placed in public places for free public reference, and made
available for purchase by the public at a price determined by the City Council to be sufficient to
cover costs.
ARTICLE IV - MUNICIPAL ELECTIONS
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 at large by a majority vote cast by
qualified voters.
(b) Each place shall be for a two year term. The Mayor and Council members for places 2
and 4 shall be elected in even numbered years. Council members for places 1, 3, and 5 shall be
elected in odd numbered years.
Section 4.02 - Annual Elections
(a) All general and special elections shall be held in accordance with the laws of the State
of Texas regulating the holding of municipal elections and in accordance with this Charter and
ordinances or resolutions adopted by the Council for the conduct of elections. The Council shall
appoint the election judges and other election officials and shall provide for the compensation of
all election officials in the City elections and for all other expenses in holding said elections. The
election judges shall make provisions for the recount of ballots in case of doubt or fraud. They
shall also be authorized to prevent unlawful practices such as electioneering or loitering near
voting places.
(b) Sample ballots identical to the voting format for the election shall be posted in the
voting place for the benefit of the voters.
Section 4.03 - Political Activities
(a) No employee of the City may campaign for or against any issue while serving in
his /her official capacity; nor influence the nomination, election, or defeat of any candidate for
Mayor or Council member; or campaign for or against the recall of the Mayor or Council
member. This provision shall not prohibit the ordinary exercise of the right to express opinions
and to vote.
(b) No candidate for municipal office may solicit the support, the endorsement, or the
financial contributions of any City employee.
Section 4.04 - Qualifications for Candidacy and Holding Office
(a) Each member of the City Council, including the Mayor, shall meet the following
qualifications: (1) Be a registered voter of the City; (2) Have resided in the City for one (1) year
before the date of election; (3) Continue residency in the City during the term of office; (4) Not
hold more than one public elective office; (5) Not hold an appointed office of the City excluding
boards, committees, and commissions; (6) Be at least 21 years of age; (7) Not have been
determined mentally incompetent by a final judgment of a court; and (8) Not have been finally
convicted of a felony from which the person has not been pardoned or otherwise released from
the resulting disabilities.
(b) No candidate may file for more than one office or position number per election.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 11 OF 26
0659 CITY OF KENI'IEUALL, TX 201 9
Section 4.05 - Canvassing of Elections and Declaration of Results
Returns of every municipal election shall be delivered forthwith by the election judges to the City
Secretary with a copy of the returns being sent to the Mayor. The Council shall canvass the
returns, investigate the qualifications of the candidates and declare the official results of the
election prior to the first regular Council meeting following delivery of the votes to the City
Secretary all in accordance with the Texas Election Code. The results of every municipal
election shall be recorded in the minutes of the Council. The qualified person receiving a
majority of the votes cast for any office shall thereupon be declared elected by the said Council.
The decision of the Council, as to qualification of candidates, shall be conclusive and final for all
purposes. If a run -off election is necessary, it shall be scheduled in accordance with State Law.
ARTICLE V - MUNICIPAL ADMINISTRATION
Section 5.01 - City Manager
The City Council shall appoint a City Manager by an affirmative vote of not less than four (4)
members of the Council. The City Council shall by majority vote determine and fix the City
Manager's compensation. The City Manager shall be chosen solely upon the basis of executive
and administrative training, experience, and abilities, without regard to political considerations.
Neither the Mayor nor any Council member may be appointed City Manager or acting City
Manager while holding office or for a period of two (2) years after his /her term has ended.
Section 5.02 - Temporary Absence or Disability of the City Manager
By filing a letter with the City Secretary, the City Manager may designate a qualified City
administrative officer to be Acting City Manager during any absence of the City Manager. Such
designee shall be approved by the City Council. If the City Manager fails to make such
designation, the Council shall appoint an Acting City Manager to serve during such times. The
Acting City Manager may be removed by a majority vote of the City Council.
Section 5.03 - Removal of the City Manager
The City Council, acting in its sound discretion, may suspend or remove the City Manager at
any time by an affirmative vote of not less than four (4) members of the Council. The City
Council shall give the City Manager written notice for removal and /or suspension and give the
City Manager an opportunity to respond. Upon written request of the City Manager, the City
Council shall schedule a public hearing and provide the City Manager an opportunity to present
a defense against any accusations made. The City Council shall not arbitrarily or capriciously
suspend or remove the City Manager, but its decision in such matters shall be final.
Section 5.04 - Duties and Powers of the City Manager
The City Manager shall be responsible to the City Council for the proper administration of all the
affairs of the City. Responsibilities of the City Manager shall include the following:
(a) Except as otherwise provided in this Charter, appoint, suspend, layoff, demote, or
remove any directors or heads of administrative departments, or any other administrative
officers, or employees of the City.
(b) Supervise and control directly or indirectly all administrative departments,
agencies, officers, and employees.
(c) Attend all City Council meetings with the right to take part in discussions but have
no vote. Scheduled absences shall be with prior approval of the Mayor.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 12 OF 26
0658 CITY OF KLI HEDALE, TX 2019
(d) Prepare and submit the proposed annual budget, and be responsible for its
administration after it is adopted.
(e) Submit to the City Council a report at the end of the fiscal year on the finances and
administrative activities of the City for the preceding year.
(f) Keep the City Council advised of the financial condition and the future needs of the
City, and make such recommendations to the City Council on matters of policy and other
matters as may seem desirable.
(g) Combine, abolish, or create administrative departments subject to the approval of
the City Council.
(h) Have such other powers and perform such other duties as prescribed by this
Charter and the City Council, in accordance with State Law.
Section 5.05 - City Departments
There shall be such departments as are established by this Charter or as may be established by
ordinance. All departments shall be under the control and direction of the City Manager unless
otherwise provided in this Charter.
The head or director of each department may serve as a chief of a division within that respective
department. The City Manager may appoint one person to serve as the head of two or more
departments. With the consent of the City Council, the City Manager may serve as the head of
one or more such departments.
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 5.07 - Removal of City Secretary
The City Council, acting in its sound discretion, may suspend or remove the City Secretary at
any time by an affirmative vote of not less than four (4) members of the Council. The City
Council shall give the City Secretary written notice for removal and /or suspension and shall give
the City Secretary an opportunity to respond. Upon written request of the City Secretary, the
City Council shall schedule a public hearing and provide the City Secretary an opportunity to
present a defense against any accusations made. The City Council shall not arbitrarily or
capriciously suspend and /or remove the City Secretary, but its decision in such matters shall be
final.
Section 5.08 - City Attorney
The City Council shall appoint a City Attorney who shall serve at the discretion of the Council
and whose compensation shall be fixed by the City Council. The City Attorney shall be licensed
to practice law in the State of Texas. The City Attorney shall be the legal advisor of the City
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 13 OF 26
oi>513 CITY OI V' iii EIJALE. TX 20 19
Council and offices and departments of the City. The City Attorney shall represent the City in all
legal proceedings, and shall perform any other duties prescribed by this Charter, ordinance or
the City Council. The City Attorney designated may be an individual, partnership or professional
corporation composed of individuals licensed to practice law in the State of Texas.
Section 5.09 - Special Counsel
The City Council shall have the authority to retain special counsel for specific purposes.
ARTICLE VI - FINANCE
Section 6.01 - Fiscal Year
The fiscal year shall begin on the first day of October and end on the last day of the following
September.
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.
(b) Budget Message. The budget message shall explain the budget both in fiscal terms and in
terms of work programs for the ensuing fiscal year. It shall outline the proposed financial policies
of the City and shall include such other material as the City Manager deems necessary,
(c) Budget Contents. The budget shall contain the following:
(1) Comparative figures for the estimated income and expenditures for the ensuing
fiscal year compared to the combination of: actual income and expenditures through, the latest
complete accounting period that information is available for at the commencement of budget
preparation, and the estimated income and expenditures for the incomplete portion of the
current fiscal year.
(2) The proposed expenditures of each office, department, or function.
(3) A schedule showing the debt service requirement due on all outstanding
indebtedness and on any proposed debt.
(4) The source or basis of the estimates.
(5) The total of the proposed expenditures which shall not exceed the total estimated
income and the balance of available funds.
(6) The budget message which shall include a forecast of a five -year estimate of
revenues and expenditures and an explanation of its effect on taxation. The source or basis of
the estimates shall be a part of the forecast.
(7) Such other information as may be required by the Council or deemed desirable by
the City Manager.
(d) Public Hearing on the Budget. The Council shall hold one or more public hearings on the
proposed budget prior to the final adoption.
(e) Adoption of the Budget. The City Council shall adopt the proposed budget, with or without
amendment, after public hearings and before the first day of the ensuing fiscal year. Should the
Council take no final action before the first day of the ensuing fiscal year, the amounts
appropriated for the current fiscal year shall be deemed adopted on a month to month basis.
Final adoption shall constitute appropriation of the expenditures proposed from funds so
indicated.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 14 OF 26
0658 CII`( OF KENINEDAI.E, TX 2010
(f) Adjustments after Adoption. During the fiscal year, the City Council shall have the power to
make budget adjustments. Expenditures that could not, by reasonable thought and attention,
have been included in the original budget, may be authorized by the City Council. All such
authorizations by the City Council shall be filed as amendments to the original budget, including
the reasons for such amendments.
(g) Defects in the Budget. Defects in the form or preparation of the budget or the failure to
perform any procedural requirements shall not invalidate any tax levy, nor shall it invalidate the
tax roll.
Section 6.03 - Monthly Financial Reports
The City Manager shall present a monthly financial report and such additional information as
may be required by the City Council. All income and expenses for the preceding month and for
the year to date shall be shown, and shall be compared to the fiscal budget. The City shall
provide copies of the monthly financial reports to the public at cost, upon request.
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.
Section 6.05 - Indebtedness
{-a-) The City shall have the right to issue and refund general obligation bonds, revenue
bonds, and other evidence of indebtedness as is now permitted or as may be hereafter
be issued by Home Rule City in the State Texas. All bonds the City that
authorized to a of of
have been issued, delivered to the shall be incontestable. All refunding
sold, and purchaser
bonds that have been be incontestable.
exchanged shall
Gcncral Obligation Bonds. The City shall have the to borrow money through
{a) power
bonds, direct and obligations of the City,
general obligation which shall constitute general
from taxes levied taxable located therein, within the
payable ad valorem against all property
limits by law or this Charter.
prescribed
Revenue Bonds. The City have the to borrow money for constructing,
{b) shall power
improving, utilities, recreation facilities, or any other
purchasing, extending, or repairing public
liquidating function by state law. Such borrowing shall be
self municipal not prohibited
implemented through bonds that are both as to the and interest,
revenue payable, principal
the interest from the income, or both, after deduction of reasonable
properties, pledged
as required by law. The holders of the revenue bonds
operating and maintenance expenses
taxation.
(c) Short Term Borrowing. The Additionally, the City may borrow funds on the credit of
the City for a term not to exceed one year provided that such . Such obligations are scheduled
to must be retired by the end of the budget in which they were issued.
year
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER", PAGE 15 OF 26
0658 CITY OF KENNEDALE, TX 2019
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 16 OF 26
0658 CITY OF KENNEDALE, TX 2019
�= ._ - ' -• ' -
' '"
-- - - - -- -- - - - - - - - - - - -- -
for the the issuance the a signed by five (5 %) of
authorization of of certificates, petition percent
the the City is filed the City Secretary the issuance of such
qualified voters of with protesting
the City be to issue for such unle °s the
certificates, shall not authorized certificates purpose
for bond by the laws of the State of Texas.
elections
ARTICLE VII - REVENUE AND TAXATION
Section 7.01 - Municipal Taxes
All taxes due the City shall be payable at the office of the Tax Collector, who shall be
designated by the Council, and may be paid at any time after the tax rolls for the year have
been completed and approved, which shall be no later than October 1st. Taxes shall be paid on
or before January 31st, of each year following the year for which the taxes are levied, and all
such taxes not paid on or prior to such date shall be deemed delinquent and shall be subject to
such penalty and interest as prescribed by State law. The Council may provide further by
ordinance all taxes, either current or delinquent, due the city may be paid by installments.
Failure to levy and assess taxes through omission, in preparation of the approved tax roll, shall
not relieve the person, firm, or corporation so omitted from obligation to pay such current or past
due taxes as shown to be payable by recheck of the rolls and receipt for the years in question.
Section 7.02 - Power to Tax
The Council shall have the power granted to municipalities by the Constitution and laws of the
State of Texas to levy, assess and collect lawful taxes on property within the territory of the City,
not to exceed the maximum limits set by the Constitution and laws of the State of Texas or
restricted by this Charter.
Section 7.03 - Appraisal and Assessment of Real Property
All taxable property situated within the corporate limits of the City on the first day of January of
each year, not expressly exempted by law, shall be subject to yearly taxation by the City. As
prescribed by State Law, the assessed value of such property shall be One - Hundred (100)
percent of its appraised value on January 1 as determined by the Tarrant Appraisal District or its
successor.
Section 7.04 - Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with the State Property
Tax Code.
Section 7.05 - Election to Repeal Tax Increase
If the City Council adopts a tax rate that exceeds the Roll Back Rate, the qualified voters of the
City, by petition, may require that an election be held to determine whether or not to reduce the
tax rate adopted for the current year to equal the Roll Back Rate. Such petition is valid if it
complies with State Law.
Section 7.06 - Tax Exemptions and Abatements
(a) The City Council may pass, by ordinance, exemptions and abatements as provided by
State Law. Exemptions and abatements shall include, but not be limited to, over 65 exemptions,
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 16 OF 26
0658 CITY OF KENNEDALE, TX 2019
disabled exemptions, and tax abatements.
(b) The Tarrant Appraisal District shall prescribe the method and manner in which such
exemptions may be secured by qualified property owner(s) according to State Law.
Section 7.07 - Tax Payments
All taxes due the City shall be payable in legal tender to the City or its agent, and shall become
due and payable upon receipt of the tax bill. Such taxes shall be delinquent if not paid before
February 1 of the year following the year in which imposed. The interest and penalty on
delinquent taxes shall be assessed as provided by State Law.
Section 7.08 - Tax Liens and Liability
(a) Real and Personal Property. On January 1 of each year, a tax lien in favor of the City
attaches to property to secure the payment of all taxes, penalties, and interest ultimately
imposed for the year on that property, whether or not the taxes are imposed in the year the lien
attaches. The lien shall have priority over all other claims except as provided by law.
(b) Business and Non - Business Personal Property. Upon securing a tax warrant as
provided by State Law, the City may seize, and take possession pending the sale of, as much of
any business personal property, or certain non - business taxable personal property as may be
reasonably necessary for the payment of all taxes, penalties, and interest owed, as well as all
costs of seizure and sale.
ARTICLE VIII - BOARDS AND COMMISSIONS
Section 8.01 - Boards and Commissions — General
(a) In addition to the boards and commissions established by this Charter, the City Council
shall be empowered to create additional boards and commissions. Each appointed member of
the Boards and Commissions of the City shall meet the following qualifications: (1) Be a
registered voter of the City; (2) shall have resided in the City for one year, and (3) continue
residency in the City during the term of office.
(b) The City Secretary shall provide application forms to all qualified citizens who express
interest in serving on the boards and commissions. All such applicants shall receive due
consideration by the City Council however, the City Council may select and appoint any
qualified person.
(c) The City Council shall have the authority to remove any appointee from any board or
commission.
(d) The City Council shall by ordinance set the size, quorum, length of terms, rules of
order and organization of each City board and commission.
Section 8.02 - Planning and Zoning Commission
A Planning and Zoning Commission shall be established to advise and formulate
recommendations to the City Council for the improvement, planned growth, health, safety and
well being of the City. The duties and powers of the Planning and Zoning Commission shall
include the following:
(a) To prepare and recommend for approval by the City Council, a long range
comprehensive city plan for the orderly physical development of the City, and to review and
make recommendations for revisions to the City Plan as necessary, but such review shall be
made no less frequently than once every five years.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 17 OF 26
06`,8, CITY OF VENNI-MALE, TX 2010
(b) To review proposed changes in zoning districts and make recommendations to the
City Council, in accordance with procedures for such review as established by ordinance.
(c) To review and approve or deny proposed platting or subdivision of land within the
City and its extraterritorial jurisdiction, in accordance with procedures established by ordinance
and State Law.
(d) Any other duties or powers assigned to the Commission by ordinance.
Section 8.03 - Zoning Board of Adjustment
(a) A Zoning Board of Adjustment shall be established to hear appeals from any
aggrieved person, entity or by, any officer, department or board of the City affected by any
decision pertaining to zoning.
(b) The Board of Adjustment shall have all powers granted by, and shall be controlled by
the provisions of State Law. The Board is vested with the power and authority, and in
appropriate cases and subject to appropriate conditions and safeguards, to make such
variances, exemptions and exceptions to the terms of appropriate ordinances in harmony with
their special rules therein contained for the purposes of rending full justice and equity to the
general public. The City Council shall establish, by ordinance, Zoning Board of Adjustment
procedures for accepting, hearing and acting upon appeals.
Section 8.04 - Parks and Recreation Board
A Parks and Recreation Board shall be established to advise and formulate recommendations
to the City Council for the use, improvement and growth of parks and recreation activities within
the City.
ARTICLE IX - MUNICIPAL COURT
Section 9.01 - Establishment of the Municipal Court
A municipal court, known as the "Municipal Court of Kennedale, Texas" is hereby established.
The Municipal Court shall have the jurisdiction, powers, and duties given and prescribed by the
laws of the State of Texas. The City Council shall have the power to create and establish by
ordinance additional municipal courts.
Section 9.02 - Fines, Fees, and Costs
All fines, penalties, fees, or costs collected by the Municipal Court shall be deposited in the City
treasury. No fee or costs shall be charged except those authorized by State Law. Neither the
compensation of the Judge of the Municipal Court, nor of any full or part -time employee of the
City, shall be based upon a percentage of the fines imposed by the Municipal Court.
Section 9.03 - Judge of the Municipal Court
The City Council shall appoint a Judge who shall be known as the "Judge of the Municipal
Court ". The Judge shall be appointed for a two (2) year term. In order to be appointed, the
Judge must be a resident of the State of Texas. The City Council shall fix the compensation for
the Judge. The City Council, acting in its sound discretion, may suspend or remove the
Municipal Judge at any time by a majority vote of the entire Council. The City Council shall give
the Municipal Judge written notice for removal and /or suspension and give the Municipal Judge
opportunity to respond. Upon written request of the Municipal Judge, the City Council shall
schedule a public hearing and provide the Municipal Judge an opportunity to present a defense
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 18 OF 26
0658 CITY OF KEI`II,IEUALE, TX 2019
against any accusations made. The City Council shall not arbitrarily or capriciously suspend or
remove the Municipal Judge, but its decision in such matters shall be final. If for any reason the
Judge is unable to act, the City Council shall either declare the office vacant, or appoint a
temporary Judge to serve until the Judge is able to act. If the office of the Judge is declared
vacant, it shall be filled by appointment by the City Council in accordance with this Section.
Following appointment the Judge must meet all educational or other qualifications as prescribed
by State Law. The City Council may also appoint such alternate Judges as necessary. All
alternate Judges must meet the same qualifications as the Judge of the Municipal Court.
Section 9.04 - Clerk of the Municipal Court
The City Manager shall appoint a clerk who shall be known as the "Clerk of the Municipal
Court ". The Clerk of the Municipal Court shall keep the records and the proceedings of the
Court, issue all processes, and generally perform all the duties prescribed by law for clerks of
such courts, insofar as those duties are applicable.
Section 9.05 - City Prosecutor
The City Council shall appoint a City Prosecutor who is licensed to practice law in the State of
Texas. The City Council shall fix the compensation for the City Prosecutor and determine the
length of time for the appointment. The City Prosecutor may be an individual, partnership or
professional corporation composed of individuals licensed to practice law in the State of Texas.
ARTICLE X - FRANCHISES AND PUBLIC UTILITIES
Section 10.01 - Franchise Power of the City
In addition to the City's power to buy, construct, lease, maintain, operate, and regulate public
utilities within and without the City limits, and to manufacture, distribute and sell the
commodities or products of such utility operations required by the public, the City shall have
such further powers as may now or hereafter be granted under the Constitution and laws of the
State of Texas.
Section 10.02 - Power to Grant Franchises
The City Council shall have the power by ordinance, after public hearing, to grant, renew, and
extend all franchises for all public utilities of every character operating within the City and, with
the consent of the franchise holder, to amend the same, provided, however, that no franchise
shall be granted for an indeterminate term, and that no franchise shall be granted for a term of
more than twenty (20) years from the date of the grant, renewal or extension. Council action on
all ordinances granting, renewing, extending or amending a public utility franchise shall comply
with the applicable provisions set forth in Section 3.10 of this Charter.
Section 10.03 - Exclusiveness of Franchises
No grant or franchise to construct, maintain, or operate a public utility and no renewal or
extension of such grant shall be exclusive.
Section 10.04 - Transfer of Franchises
No public utility franchise shall be transferable except by the approval of the City Council
expressed by ordinance following a public hearing. The term "transferable ", as used herein,
shall not be constructed in such a manner as to prevent the franchise holder from pledging said
franchise as security for a valid debt or mortgage.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 19 OF 26
065£1 CITY OF IfF INFDALE, "[X 2019
Section 10.05 - Extensions of Public Utilities
All extensions of service of public utilities within the City limits shall become a part of the
aggregate property of the public utility, shall operate as such, and shall be subject to all the
obligations and reserved rights contained in this Charter and in any original grant hereafter
made. The right to use and maintain any extension shall terminate with the original grant and
shall be terminable as provided in Section 10.06. In case of an extension of a public utility
operated under a franchise hereafter granted, such right shall be terminable at the same time
and under the same conditions as the original grant.
Section 10.06 - Right of Franchise
All grants, removals, extensions, or amendments of public utility franchises shall be subject to
regulation by the City Council. The City Council, by ordinance, shall have the following powers:
(a) To repeal the same by ordinance at any time for failure to begin construction or
operation within the time prescribed or otherwise to comply with the terms of the franchise, such
power to be exercised only after due notice and hearing.
(b) To require an adequate extension of plant and service as is necessary to provide
adequate service to the public and maintenance of the plant and fixtures at the highest
reasonable standard of efficiency.
(c) To impose regulations that insure safe, efficient and continuous service to the
public.
(d) To require at any time such compensation and rental as may be permitted by the
laws of the State of Texas.
(e) To require the franchise holder to restore at the franchise holder's expense, all
public or private property to a condition equally as good or better than before disturbed by
construction, repair or removal. The franchise holder in opening and refilling of all earth
openings shall re -lay the pavement and do all other work necessary to complete restoration of
streets, sidewalks or grounds to a condition equally as good or better as when disturbed.
(f) To require every franchise holder to furnish within a reasonable time to the City,
without cost to the City, a general map, with updates outlining the location, character, size,
length, and terminals of all facilities of such franchise holder in, over, and under ground of
property in the City and to provide detailed information on request.
Section 10.07 - Records and Accounts
The City Council shall periodically examine, and may, if deemed appropriate, request and audit
the records of all franchise holders and municipally owned public utilities. The City Council shall
also demand that all franchise holders and municipally owned public utilities keep a standard
system of accounting and furnish reports on the local operations of the utility. Such reports shall
be prepared in such form and contain such information as the City Council shall prescribe.
Section 10.08 - Sale of Municipal Services
The City Council shall have the power and authority by ordinance to sell and provide such public
services as may be beneficial to the City.
Section 10.09 - Ownership and Control of Streets, etc.
The sole right of control and use of the public street, sidewalks, highways, bridges, alleys, public
places, and other real property of the City is hereby declared to be inalienable. The City Council
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 20 OF 26
0658 CITY 01 111.INEDALL, TY, 20 I9
may prohibit the use of any property or right of way within the City limits to any public utility,
whether the use be under, over, or on such property.
Section 10.10 - Regulation of Rates
The Council shall have full power after due notice and hearing to regulate by ordinance the
rates, charges and fares of all public utility franchise holders operating in the City, provided that
no such ordinance shall be passed as an emergency measure. Upon receiving a request from a
public utility franchise holder requesting a change in rates, the Council shall call a public hearing
for consideration of the change. All such franchise holders who shall request an increase in
rates, charges, or fares shall have, at the hearing of the Council called to consider such request,
the burden of establishing by clear, competent, and convincing evidence the value of its
investment property allocable to service in the City, and the amount and character of its
expenses and revenues connected with the rendering of such service. If, upon such hearing, the
Council is not satisfied with the sufficiency of the evidence furnished, it shall be entitled to call
upon such public utility for the furnishing of additional evidence at a subsequent date to which
said hearing may be adjourned. No public utility franchise holder shall institute any legal action
to contest any rate, charge, or fare fixed by the Council until such franchise holder has filed a
motion for rehearing with the Council setting out each ground of its complaint against the rate,
charge, or fare fixed by the Council, and until the Council shall have acted upon the motion
within a reasonable time, not to exceed sixty (60) days from the filing of such motion for
rehearing; provided, that the Council may by resolution extend such time of acting on said
motion for rehearing from sixty (60) days to ninety (90) days. The City shall have the power to
employ at the expense of the franchise holder, expert assistance and advice in determining a
reasonable rate and equitable profit to the franchise holder.
Section 10.11 - Discrimination
The City Council shall prevent unjust discrimination in service or rates by all franchise holders.
Section 10.12 - Franchise Records
The City shall compile and maintain a public record of utility franchises.
Section 10.13 - Franchises Granted Before Ratification of this Charter
All franchises granted before ratification of the Charter are recognized as contracts between the
City and the grantee, and the contractual rights contained in any such franchise shall not be
impaired by the provisions of the Charter.
ARTICLE XI - INITIATIVE, REFERENDUM, AND RECALL
Section 11.01 - Initiative
The qualified voters of the City shall have the power to propose any ordinance, except an
ordinance related to zoning, the appropriation of money or the authorization of the levy of taxes
or one repealing such an ordinance, and to adopt or reject the same ordinance at the polls, such
power being known as "initiative ". Any initiated ordinance may be submitted to the City Council
by a petition signed by qualified voters equal in number to at least thirty twenty five (3025)
percent of the votes cast in the last regular municipal election, but not less than five twe
hundred and fifty (500258) signatures. Such initiated ordinance may be passed by the City
Council without change, or may be submitted to the voters at an election called for that purpose.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 21 OF 26
0658 CITY OF KENNEDALE, TX 2019
Section 11.02 - Referendum
The qualified voters of the City shall have power to require reconsideration by the City Council
of any adopted ordinance, excepting those ordinances relating to zoning the appropriation of
money or the levy of taxes, such power being known as "referendum ". In the submission of a
petition for referendum, the number and qualifications of signers shall be the same as required
in this Charter for an initiative petition, except that referendum petitions must be filed with the
City Secretary within sixty (60) days after the effective date of the ordinance that is the subject
of the referendum. When such petition has been certified as sufficient by the City Secretary, the
ordinance specified in the petition shall not go into effect, or if it has gone into effect, further
enforcement or action thereunder shall be suspended unless and until such ordinance is
approved by the voters as provided herein.
Section 11.03 - Recall
The qualified voters of the City shall have the power to recall any elected official of the City and
may exercise that power by filing with the City Secretary a petition containing the same number
of signatures and qualifications as required for an initiative petition under this Charter. If the
petition is certified by the City Secretary to be sufficient, the officer whose removal is sought
may request that a public hearing be held to permit the officer the opportunity to present facts
pertinent to the recall petition. If the officer does not resign, the City Council shall call an
election to determine whether the official named in the petition shall be recalled. The election
shall be held no earlier than thirty (30) days after the City Council receives the petition, nor no
later than the next special election as allowed in the Texas Election Code.
Section 11.04 - Results of Recall Election
If the majority of the votes cast in a recall election are for the recall of the officer named on the
ballot, the City Council shall immediately declare that office vacant, and the vacancy shall be
filled in accordance with the provisions of this Charter.
Section 11.05 - Limitation of Recall
No recall petition shall be accepted against an elected official within six (6) months after taking
office, and no official shall be subjected to more than one recall election during a term of office.
Section 11.06 - Form of Petitions
All papers for any particular petition circulated for the purpose of an initiative, referendum, or
recall shall be uniform in size and style. Initiative petitions shall contain the full text of the
proposed ordinance, and referendum papers shall contain a description sufficient to identify
positively the ordinance sought to be repealed. The signatures to initiative, referendum, or recall
petitions need not be appended to one paper, but all pages that compose a single petition shall
be assembled and given to the City Secretary as one instrument with an attached affidavit. The
affidavit attached to the petition shall be prepared by the person who files it, and shall bear the
stated number of signatures and a statement to the effect that all signatures appended to the
petition are, in his belief, the genuine signatures of the persons whose names they purport to
be. Names, addresses, and voter registration certificate numbers of the signers of such petitions
shall be printed adjacent to their signatures.
Section 11.07 - Filing, Examination, and Certification of Petitions
Petitions for initiative, referendum, or recall shall be filed with the City Secretary. Within twenty
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 22 OF 26
O658 CITY OF KENNEDALE, TX 2019
(20) days after a petition is filed, the City Secretary shall determine whether the petition has
been signed by a sufficient number of qualified voters, whether it has a proper, attached affidavit
of the person who filed the petition and whether it otherwise meets the procedures of this
Charter and other laws. After completing an examination of the petition, the City Secretary shall
certify the results to the City Council at its next regular meeting. If the petition is insufficient, the
City Secretary shall set forth in a certificate the reasons for its insufficiency, and shall at once
notify the person who filed it of the findings.
Section 11.08 - Amendment of Petitions
An initiative, referendum, or recall petition certified insufficient for lack of the required number of
valid signatures or due to inadequate form or content may be amended once if the Petitioner
files a notice of intention to amend it with the City Secretary within five (5) days after receiving
the copy of the certificate and files a supplementary petition upon additional papers within ten
(10) days after receiving the copy of such certificate. Amendment in the form of a
supplementary petition must be signed and filed as provided for in the original petition. The
same procedures established for an original petition shall then be followed by the City Secretary
and City Council. The findings of the insufficiency of a petition shall not prejudice the filing of a
new petition for the same purpose.
Section 11.09 - Consideration by the City Council
Whenever the City Council receives a certified initiative or referendum petition from the City
Secretary, it shall proceed at once to consider such petition. A proposed initiative ordinance
shall be considered in a public hearing held by the City Council. The City Council shall take final
action on an initiative or referred ordinance not later than thirty (30) days after the date on which
it was submitted to the City Council by the City Secretary.
Section 11.10 - Submission to Voters
If the City Council fails to pass an ordinance proposed by initiative petition in the exact form
proposed, or it fails to repeal a referred ordinance, the ordinance shall be submitted to the
voters not Tess than thirty (30) days from the date the City Council takes its vote, or not later
than the special election date as allowed in the Texas Election Code.
Section 11.11 - Results of Election
When a majority of the votes cast on a proposed ordinance are favorable, it shall become an
ordinance of the City, upon certification of the election results. A referred ordinance shall be
approved by a majority of the voters. If conflicting ordinances are approved by the voters at the
same election, the one receiving the greatest number of affirmative votes shall prevail to the
extent of such conflict.
ARTICLE XII - GENERAL PROVISIONS
Section 12.01 - Public Meetings
Meetings of all elected commissions and all boards or commissions appointed by the City
Council shall be open to the public in accordance with the laws of the State of Texas. Meetings
of the City Council shall be held in accordance with provisions of this Charter. Minutes,
transcriptions and recordings of all public meetings shall be archived according to State Law
and shall be public records.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 23 OF 26
C)650 CITY OF KE NIEDAI.E, TX 2019
Section 12.02 - Public Record
Municipal records shall be available for public inspection during normal business hours, in
accordance with state law. The cost, to any person requesting noncertified reproductions of
public records, shall be established by the City Council.
Section 12.03 - Effective Date of this Charter
This Charter shall become effective on and after the date and time of the first meeting of the
City Council following the election at which a majority of votes cast by qualified voters of the City
affirms adoption of this Charter. The City Council shall, immediately after canvassing said
election, declare by resolution that this Charter is adopted. The City Council shall then order that
this resolution be recorded upon the records of the City of Kennedale, Texas, and the records of
the Secretary of State of Texas, as prescribed by the laws of the State of Texas.
Section 12.04 - Effect of Charter on Existing Law
All ordinances, resolutions, rules and regulations in force in the City on the effective date of this
Charter, and not in conflict with this Charter, shall remain in force until altered, amended or
repealed. All taxes, assessments, liens, encumbrances and demands, of or against the City,
fixed or established before such date, or for the fixing or establishing of which proceedings have
begun at such date, shall be valid when properly fixed or established either under the law in
force at the time of beginning of such proceedings or under the law after the adoption of this
Charter.
Section 12.05 - Continuation of Present Offices
All persons holding administrative office at the time this Charter takes effect shall continue in
office and in the performance of their duties until provision shall have been made in accordance
therewith for the performance of such duties or the discontinuance of such office. The powers
conferred and the duties imposed upon any office, department or agency of the City by the laws
of the State shall, if such office, department or agency be abolished by this Charter or under its
authority, be thereafter exercised and discharged by the office, department or agency
designated by the Council unless otherwise provided herein.
Section 12.06 - Amendments to this Charter
Amendments to this Charter may be formulated and submitted to the voters as provided by
State Law.
Section 12.07 - Conflict of Interest
Officers or employees of the City having a direct or indirect interest in any proposed or existing
contract, purchase, work, sale, or service to, for, or by the City shall not vote or render a
decision, or use their position, authority, or influence in any manner that would result in personal
betterment, financially or otherwise, to any degree. Every elected officer shall publicly disclose
any such interest upon assumption of office or prior to consideration of any such matters. Any
officer or employee who willfully conceals such interest or willfully violates the requirements of
this section shall be guilty of malfeasance in office or position, and shall forfeit the office or
position. Violation of this section with the knowledge, express or implied, of the person or
corporation contracting with or making a sale to the City shall render such contract or sale
voidable by the City Manager or City Council.
Section 12.08 - Nepotism
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 24 OF 26
0658 CITY OF KE[JI IEDALE, TX 2019
(a) No member of the same household of a City Council member or the City Manager of
the City shall be employed in a paid position for public service to the City, except as permitted
by State law.
(b) No person related to a member of the City Council or the City Manager of the City shall
be employed in a paid position for public service to the City if such kinship is closer than the
second degree by marriage or the third degree by consanguinity, except as permitted by State
Law.
Section 12.09 - Guarantee of Funds
The City Council shall require that the depository or depositories holding all public funds shall
pledge eligible securities or surety bonds against said funds to the extent of the total of such
funds held by each and every depository in accordance with the laws of the State of Texas.
Section 12.10 - Notice of Injury or Damage
Before the City of Kennedale shall be liable for damages for the death or personal injuries of
any person or for damage to or destruction of property of any kind that does not constitute a
taking or damaging of property under the Constitution of Texas, the person injured, or if
deceased, his or her representatives shall give the City Council or City Manager notice in writing
of such death, injury, damage, or destruction, duly verified by affidavit, within thirty (30) days
after same has been sustained. Such written notice shall state specifically when, where, and
how such death, injury, damage, or destruction occurred; the apparent extent of any such injury;
the amount of damages sustained; the street and number of the actual residence of the claimant
at the date the claim is presented; the actual residence of the claimant six months immediately
preceding the occurrence of such death, injury, damage, or destruction and the names and
addresses of all witnesses upon whom it is relied to establish the claim for damages. The failure
to so notify the City Council or City Manager within the time and manner specified herein shall
exonerate, excuse, and exempt the City from any liability whatsoever. No act of any officer or
employee of the City shall waive compliance or stop the City from requiring compliance, but the
provision may be waived by resolution of the City Council, made and passed after the expiration
of the thirty (30) day period herein provided and evidenced by minutes of the City Council.
Section 12.11 - Official Medium
The City Council shall, by resolution, designate a local legal newspaper or newspapers of
general circulation in the City as the official newspaper(s) for publication of official business. All
ordinances, notices, and other matters that are required to be published officially by this
Charter, ordinances of the City, or the laws of the State of Texas shall be publicized in said
medium.
Section 12.12 - Gender of Wording
The gender of wording used throughout this Charter shall be interpreted to mean either sex.
Section 12.13 - Qualified Voter
The word "voter ", as referred to in this Charter, shall be defined as an individual who meets the
requirements of thirty (30) days residency in the City of Kennedale, Texas, and is a registered
voter in the State of Texas.
Section 12.15 - Official Oath of Office
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 25 OF 26
065J CITY OF KFNN1EDALE, T>, 2019
(a) Before taking the oath or affirmation of office prescribed by this Section and entering upon
the duties of office, all elected officials of the City shall subscribe to the following statement:
, do solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, promised to pay, contributed, or promised to contribute any money
or thing of value, or promised any public office or employment, for the giving or
withholding of a vote at the election at which I was elected so help me God.
(b) Before taking the oath or affirmation of office prescribed by this section and entering upon
the duties of office, all appointed officials of the City shall subscribe to the following statement:
,do solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, or promised to pay, contributed, or promised to contribute any
money, or valuable thing, or promised any public office or employment, as a
reward to secure my appointment or confirmation thereof, so help me God.
(c) Before entering upon the duties of their offices, all elected and appointed officials of the
City shall take the following oath or affirmation:
, do solemnly swear (or affirm) that I will faithfully execute the
duties of the office of of the City of Kennedale of the State of
Texas and will to the best of my ability preserve, protect and defend the
Constitution and laws of the United States and of this State, and the Charter and
ordinances of this city, so help me God.
Section 12.16 - City Exempt for Appeal Bonds
It shall not be necessary in any action, suit, or proceeding in which the City of Kennedale is a
part of any bond, undertaking, or security to be executed in behalf of said City. All such actions,
suits, appeal, or proceedings shall be conducted in the same manner as if such bond,
undertaking, or security had been given; and the City shall be liable as if such obligation had
been given and executed.
Section 12.17 - Funds not Subject to Garnishment
No funds of the City or within the custody of the City or any of its officials in any official capacity
shall be subject to garnishment, and the City shall not be required to answer in any garnishment
proceedings.
Section 12.18 - Certification and Submission to Voters
Pursuant to the obligations imposed on this Charter Commission by law, said Commission has
determined and hereby certifies:
(a) That this Charter is a true and correct copy of the Charter prepared by this Charter
Commission.
(b) That, in the submission of this Charter to the voters, it would be impracticable to
segregate each subject for a separate vote thereon, for the reason that the Charter is so
constructed that, in order to enable it to work and function, it is necessary that it be adopted in
its entirety, therefore it is submitted so as to be voted upon as a whole.
(c) That the election for this purpose shall be held in the City of Kennedale on the 17th
day of January, 1998.
(d) That the Charter Commission completed its work on the 25th day of November,
1997.
INCLUDING EXHIBIT A: "2019 PROPOSED CHARTER ", PAGE 26 OF 26
0659 CITY OF KaIrIEDALE, TY, 2010