2019_05.14 CC Packet - Special
KENNEDALE CITY COUNCIL AGENDA
SPECIAL MEETING | MAY 14, 2019 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
I. CALL TO ORDER
NOTE: Pursuant to Texas Government Code §551.071, the City Council reserves the right to
adjourn into Executive Session at any time during this meeting 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. REPORTS AND ANNOUNCEMENTS
A. Outgoing Councilmembers' closing statements
IV. ELECTION BUSINESS
A. Certification of official returns by the City Secretary
B. Resolution 549, canvassing the returns and declaring the results of the General Election held on
May 4, 2019, for the purpose of electing Council Members Places 1, 3, and 5 for the City of
Kennedale and the Special Election for three Charter Amendment propositions
V. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE MAY 14, 2019 KENNEDALE CITY COUNCIL AGENDA WAS POSTED INSIDE THE MAIN ENTRANCE
OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL PUBLIC AT ALL
TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE SCHEDULED TIME OF
SAID MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
_____________________________
LESLIE E. GALLOWAY, CITY SECRETARY
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for reasonable
accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces
are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting by
calling 817-985-2104 or (TTY) 1-800-735-2989.
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: REPORTS AND ANNOUNCEMENTS - A.
I. Subject:
Outgoing Councilmembers' closing statements
II. Originated by:
III. Summary:
At this time, any and all outgoing Councilmembers may make statements regarding their time in office and/or offer a
general farewell.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: ELECTION BUSINESS - A.
I. Subject:
Certification of official returns by the City Secretary
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
The City Secretary's presentation to the City Council of the official election results for canvassing of the May 4, 2019
election. Official returns are expected to be received from Tarrant County Elections by Monday, May 13.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
VII. Alternative Actions:
VIII. Attachments:
STAFF REPORT
TO THE HONORABLE MAYOR AND CITY COUNCIL
Date: May 14, 2019
Agenda Item No: ELECTION BUSINESS - B.
I. Subject:
Resolution 549, canvassing the returns and declaring the results of the General Election held on May 4, 2019, for the
purpose of electing Council Members Places 1, 3, and 5 for the City of Kennedale and the Special Election for three
Charter Amendment propositions
II. Originated by:
Leslie E. Galloway, City Secretary & Communications Coordinator
III. Summary:
The attached version of Resolution 549, canvassing the returns and declaring the results of the election held
Saturday, May 4, 2019 is a draft. Staff expects to receive the official results from Tarrant County Elections by Monday,
May 13, 2019. The City Council will receive an updated version of this resolution at or before the meeting.
The unofficial returns show City Council Place 3 ending in a tie. If this race officially ends in a tie, there will be a runoff
on Saturday, June 8, 2019, with Early Voting held Tuesday, May 28 through Tuesday, June 4.
IV. Fiscal Impact Summary:
V. Legal Impact:
VI. Recommendation:
Approve
VII. Alternative Actions:
VIII. Attachments:
1.R549 Canvassing Election 2019_TOASE R549 Canvassing Election 2019_TOASE.pdf
STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM
TARRANT COUNTY ELECTIONS MONDAY, MAY 13, 2019. THE CITY COUNCIL
WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING.
Page 1 of 4
R549 CITY OF KENNEDALE, TX 2019
RESOLUTION 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 ##### valid and legal votes, of which #####
were cast early, and ##### 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 XXXX XXXX XXXX XXXX XX.XX%
Josh Altom XXXX XXXX XXXX XXXX XX.XX%
CITY COUNCILMEMBER, PLACE 3
CANDIDATE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE
Cesar Guerra XXXX XXXX XXXX XXXX XX.XX%
Sandra Lee XXXX XXXX XXXX XXXX XX.XX%
STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM
TARRANT COUNTY ELECTIONS MONDAY, MAY 13, 2019. THE CITY COUNCIL
WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING.
Page 2 of 4
R549 CITY OF KENNEDALE, TX 2019
CITY COUNCILMEMBER, PLACE 5
CANDIDATE ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE
Chad Wandel XXXX XXXX XXXX XXXX XX.XX%
Idin Deljavan XXXX XXXX XXXX XXXX XX.XX%
;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 XXXX XXXX XXXX XXXX XX.XX%
AGAINST XXXX XXXX XXXX XXXX XX.XX%
The Proposition was/was not 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 XXXX XXXX XXXX XXXX XX.XX%
AGAINST XXXX XXXX XXXX XXXX XX.XX%
The Proposition was/was not 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%) 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?
ABSENTEE EARLY VOTING ELECTION DAY TOTAL PERCENTAGE
FOR XXXX XXXX XXXX XXXX XX.XX%
AGAINST XXXX XXXX XXXX XXXX XX.XX%
STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM
TARRANT COUNTY ELECTIONS MONDAY, MAY 13, 2019. THE CITY COUNCIL
WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING.
Page 3 of 4
R549 CITY OF KENNEDALE, TX 2019
The Proposition was/was not approved.
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 5.
The City Council further finds the following persons be declared elected to the
office of City Council:
That ________ 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 ________ is hereby declared to be elected to the Office of City Council -
Place 3 of the City of Kennedale, Texas for a term of office for two years.
That ________ 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 6.
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 7.
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.
STAFF EXPECTS TO RECEIVE THE OFFICIAL RETURNS FROM
TARRANT COUNTY ELECTIONS MONDAY, MAY 13, 2019. THE CITY COUNCIL
WILL RECEIVE AN UPDATED VERSION OF THIS RESOLUTION BEFORE THE MEETING.
Page 4 of 4
R549 CITY OF KENNEDALE, TX 2019
SECTION 8.
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.
SECTION 9.
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.
APPROVED:
______________________________ MAYOR BRIAN JOHNSON
[ C I T Y S E A L
ATTEST:
______________________________
CITY SECRETARY LESLIE E. GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
______________________________
CITY ATTORNEY DREW LARKIN