R549RESOLUTION NO. 549
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, CANVASSING RETURNS AND DECLARING
RESULTS OF A GENERAL AND SPECIAL ELECTION HELD ON MAY
4, 2019, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS
PLACES 1, 3 AND 5 AND AMENDING THE HOME RULE CHARTER OF
THE CITY OF KENNEDALE, TEXAS; DECLARING AMENDMENTS TO
THE CHARTER ADOPTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale (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, on January 15, 2019, the City Council approved Resolution No. 545,
calling for and ordering a general election to be held on May 4, 2019, for the purpose of
electing three Councilmembers; and
WHEREAS, on February 11, 2019, the City Council approved Ordinance No.
658, calling for and ordering a special election to be held on May 4, 2019, for the
purpose of amending the City Charter with three (3) propositions; and
WHEREAS, said elections were 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 elections;
WHEREAS, the general election returns, duly and legally made, showed that
there were cast at said election a total of 791 valid and legal votes, of which 498 were
cast early, and 293 were cast on election day; and that each of the candidates in said
election received the following votes:
CITY COUNCILMEMBER, PLACE 1
CANDIDATE
ABSENTEE
EARLY VOTING
ELECTION DAY
TOTAL
PERCENTAGE
JEFF NEVAREZ
7
238
128
373
48.19 %
JOSH ALTOM
4
237
160
401
51.81%
CITY COUNCILMEMBER, PLACE 3
CANDIDATE
ABSENTEE
EARLY VOTING
ELECTION DAY
TOTAL
PERCENTAGE
CESAR GUERRA
4
250
134
388
50.00%
SANDRA LEE
7
227
154
388
50.00%
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R549 CITY OF KENNEDALE, TX 2019
CITY COUNCILMEMBER, PLACE 5
CANDIDATE
ABSENTEE
EARLY VOTING
ELECTION DAY
TOTAL
PERCENTAGE
CHAD WANDEL
6
289
167
462
62.77%
IDIN DELJAVAN
5
167
102
274
37.23%
;and
WHEREAS, the returns of said special election having been duly canvassed by
the City Council, it is declared that the below propositions received the following votes:
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?
ABSENTEE
EARLY VOTING
ELECTION DAY
TOTAL
PERCENTAGE
FOR
11
362
213
586
79.62%
AGAINST
o
100
50
150
20.38%
Proposition A was approved.
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?
ABSENTEE
EARLY VOTING
ELECTION DAY
TOTAL
PERCENTAGE
FOR
11
316
182
509
73.34%
AGAINST
0
119
66
185
26.66%
Proposition B was approved.
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)/0) of
the votes cast in the last regular election but not Tess 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?
ABSENTEE
EARLY VOTING
ELECTION DAY
TOTAL
PERCENTAGE
FOR
8
293
174
475
67.19%
AGAINST
3
148
81
232
32.81%
Proposition C was approved.
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R549 CITY OF KENNEDALE, TX 2019
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
Places 1, 3, and 5 was held on May 4, 2019, at which election qualified voters were
given the opportunity to vote for the purpose of electing City Council Members.
SECTION 3.
The City Council further finds and declares that such returns are correct, and
adopts them as the returns of the election held May 4, 2019, together with the tabulation
of the total number of votes received.
SECTION 4.
The City Council further finds the following persons be declared elected to the
office of City Council:
That Josh Altom is hereby declared to be elected to the Office of City Council -
Place 1 of the City of Kennedale, Texas for a term of office for two years.
That Chad Wendel is hereby declared to be elected to the Office of City Council
- Place 5 of the City of Kennedale, Texas for a term of office for two years.
SECTION 5.
The City Council further finds that the results of the special election as set forth
above are correct and the canvass of votes is hereby approved.
SECTION 6.
The City Council hereby declares the amendments to the charter, approved by
the voters, to be adopted, and directs the City Secretary to enter this Resolution as an
Order of the Council into the records of the City.
SECTION 7.
The Mayor, pursuant to Section 9.007, Texas Local Government Code, is hereby
authorized to certify to the Secretary of State an authenticated copy of the charter
amendments under the City's seal showing the approval by the voters of the City.
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R549 CITY OF KENNEDALE, TX 2019
SECTION 8.
This resolution shall be in full force and effect from and after its passage and it is
so resolved.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE ON THE 14th DAY OF MAY, 2019.
ATTEST:
CIT SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY DREW LARKIN'
APPROVED:
MAYOR BRIAN,JOHNSON
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R549 CITY OF KENNEDALE, TX 2019