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O763 Adopting a Budget Amendment fo 2023-2024 BudgetORDINANCE NO. 761 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNDALE, TEXAS, CERTIFYING THE ELECTION RESULTS FOR THE MAY 4, 2024 GENERAL AND SPECIAL CALLED CITY ELECTIONS; DECLARING THE RESULTS; POVIDING A SEVERAEILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Kennedale called and ordered that a General Election to be held on May 4, 2024, in the City of Kennedale for the purpose of electing a Mayor and City Council Members Place 2, and Place 4; and WHEREAS, the City Council of the City of Kennedale called and ordered that a Special Election was to be held on May 4, 2024, in the City of Kennedale for the purpose of submitting two (2) charter amendments, Proposition A, and Proposition B. WHEREAS, on the 13th of May, 2024, such date being within the time prescribed by law for canvassing the election results at an election called by a municipality, the City Council canvassed the results of the General Election for the purpose of electing a Mayor and Council Members Place 2, and Place 4, of the City of Kennedale, Texas: such election having been duly ordered by the City Council under the authority of the Constitution and laws of the State; and WHEREAS, on the 13th of May, 2024, such date being within the time prescribed by law for canvassing the election results at an election called by a municipality, the City Council canvassed the results of the Special Election for the purpose of submitting two (2) Charter amendments, Proposition A, and Proposition B: such election having been duly ordered by the City Council under the authority of the Constitution and laws of the State; and WHEREAS, The City Council determined that the election officials of the voting districts of the City have, in compliance with the law, made returns to the City Council in the time and manner required; and the City Council, having canvassed the votes from each of those districts, does find the total number of votes cast for each candidate and for each proposition was as follows: Candidate Absentee Early Election Day Total Votes Percentage of Votes Mayor Jan Joplin 13 257 103 373 44.19% Brad Horton 6 338 127 471 55.81 % Place 2 Ordinance 701 Canvasing the May 4, 2024 General Election Page 1 Matthew Dyer 6 192 73 271 33.21 % Ebony Berry _ 6 86 51 143 17.62% Thelma L. Kobeck 6 297 99 402 49.26% Place 4 _ Bryant Griffith 8 255 103 366 44.20% Chris J. Gary 10 326 126 462 55.80% Proposition A -- Vacancy of the Office of the Mayor Yes 14• _ 411 173 598 72.31 % No 5 174 50 229 27.69% Proposition B -- Vacancy of a City Council Member Yes 15 384 161 1 560 68.71 % No 4 1 190 61 1 255 31.29% TEXAS:NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF The General and Special Elections were dully called: that notice of said elections was given in accordance with the laws of the State of Texas: and that the cavass of the votes cast in said elections and returns thereof were made in accordance with the State Law. SECTION 2 Majority of Votes Pursuant to the applicable provisions of the Texas Local Government Code, Texas Election Code, and the City of Kennedale, Texas, Home -Rule Charter, the City Council officially finds and determines and declares the majority of votes cast resulted in the following of said elections: 1. Brad Horton is elected Mayor to a two (2) year term of office by the majority votes of the voters. 2. A runoff election shall be ordered for Council Member Place 2. The candidates for the runoff election shall be Matthew Dyer and Thelma L. Kobeck who received the highest and second highest number of votes at the May 4, 2024, General Election. 3. Chris J. Gary is elected City Council Member Place 4 to a two (2) year term of office by the majority votes of the voters. Ordinance 701 Canvasing the May 4, 2024 General Election Page 2 4. Proposition A — Shall the Kennedale Home Rule Charter be amended by revising Section 3.03 to provide that in the event of a vacancy in the office of Mayor, the Mayor Pro Tern shall, on the effective date of the vacancy, assume the office of Mayor, to serve until the next local election date that offers sufficient time to comply with the requirements of the election code. The council seat vacated by the new Mayor shall be filled according to Section 3.06 of this charter. A new Mayor Pro Tern shall be selected according to this Section 3.03 — Approved 5. Proposition B — Shall the Kennedale Home Rule Charter be amended by revising Section 3.06 to provide that in the event of a vacancy on the City Council in a seat other than the Mayor, 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, to serve until the next local election date that offers sufficient time to comply with the requirements of the election code. - Approved SECTION 3 Pasting of Canvass The City Secretary of the City of Kennedale, having posted written notice of the date, place, and subject of this meeting on the bulletin board located at City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. A copy of the returns of said posting shall be attached to the minutes of this meeting and shall be made as part hereof for all intents and purposes. SECTION 4 Effective Date This Ordinance shall be effective immediately upon and after its passage and approval and it is so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL_ OF THE CITY OF KENNEDALE, TEXAS, on the 13th DAY OF MAY, 2024. l f Brad Horton,Mayor Ordinance 701 Canvasing the May 4, 2024 General Election Page 3 Approved as to Form and Legality: Carvan Adkins, City Attorney Ordinance 701 Canvasing the May 4, 2024 General Election Page 4