O131I :~`~
ORDINANCE NO. 131 ?~ ~/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS CALLING A SPECIAL ELECTION
TO BE HELD ON AUGUST 9, 1997 FOR THE PURPOSE OF
SUBMITTING A HOME RULE CHARTER TO THE VOTERS
OF THE CITY OF KENNEDALE; MAHING PROVISIONS
FOR THE CONDUCT OF THE ELECTION AND
RESOLVING OTHER MATTERS INSTANT AND RELATED
TO SUCH ELECTION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Kennedale, Texas is aType Ageneral-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, based upon studies conducted by the North Central Texas Council of
Governments and city staff, the City Council has found and determined that the population
of the City of Kennedale is in excess of 5,000 persons; and
WHEREAS, Article 11, Section 5 of the Texas Constitution permits cities having more
than 5,000 inhabitants, by majority vote of the qualified voters of the city at an election held
for that purpose, to adopt a Home Rule Charter; and
WHEREAS, the City Council of the City of Kennedale deems that it is in the best
interest of the city and its inhabitants for Kennedale to become home rule and thereby
acquire the authority and local control that home rule status allows; and
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WHEREAS, pursuant to Chapter 9 of the Local Government Code, a charter
commission was appointed and has proceeded with the formation of a charter for the City
of Kennedale; and
WHEREAS, the Kennedale Charter Commission has certified to the City Council that
they have completed Kennedale's Home Rule Charter; and
WHEREAS, the Charter Commission has determined, and the City Council concurs,
that in the submission of this charter to the voter's of the City of Kennedale, it would be
impractical to segregate each subject for a separate vote thereon, for the reason that the
charter is so constructed that in order for it to work and function, it is necessary that it be
adopted in its entirety; therefore, it shall be submitted so as to be voted upon as a whole;
and
WHEREAS, Section 9.03 of the Local Government Code requires that the charter be
submitted to the qualified voters of the municipality at an election held on the first
authorized uniform election date prescribed by the Election Code that allows sufficient time
to comply with other requirements of law and that occurs on or after the fortieth (40) day
after the date the Charter Commission completes its work.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF
KENNEDALE, TEXAS.
SECTION 1.
HOME RULE CHARTER APPROVE AND ELECTION CALLED.
The City Council hereby approves the proposed Home Rule Charter set forth in its
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entirety in Exhibit "A", attached to and made a part of this ordinance for all purposes. A
special election is hereby ordered to be held on August 9, 1997 to submit this charter to the
voters of the City of Kennedale for approval.
SECTION 2.
The official ballots for the election shall be prepared in accordance with the Texas
Election Code so as to permit the electors to vote FOR or AGAINST the proposition, with
the ballots to contain such provisions, marking, and language as required by law and with
such proposition to be expressed substantially as follows:
FoR ~~ THE ADOPTION OF A HOME RULE CHARTER FOR
THE CITY OF KENNEDALE TO INCLUDE PROVISIONS
FOR THE FORM OF GOVERNMENT AND
BOUNDARIES; RIGHTS AND POWERS OF THE CITY;
THE CITY COUNCIL; MUNICIPAL ELECTIONS;
AGAINST O MUNICIPAL ADMINISTRATION; FINANCES; REVENUE
AND TAXATION; BOARDS AND COMMISSIONS;
MUNICIPAL COURT; FRANCHISES AND PUBLIC
UTILITIES; INITIATIVE, REFERENDUM; AND RECALL;
AND GENERAL PROVISIONS.
SECTION 3.
POLLING PLACE e,
The polling place for the special election shall be at Kennedale Community Center,
100 E. Broadway Street, Kennedale, Texas 76060 between the hours of 7:00 a.m. and 7:00
p.m. on election day.
SECTION 4.
APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE
Lois Thompson is hereby appointed to serve as presiding election judge of the special
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election and Nettie Mae Cassidy is appointed alternate election judge. The election judge
and alternate election judge shall be qualified voters of the city. The City Secretary shall,
in accordance with Section 32.009 of the Code, deliver to the presiding judge and the
alternate judge notice of their appointments not later than twenty (20) days from the
effective date of this ordinance.
SECTION 5.
METHOD OF VOTING
The City Secretary is hereby authorized and instructed to provide and furnish all
necessary supplies to conduct the special election, in accordance with this ordinance and the
Election Code. Voting at the election shall be by paper ballots.
SECTION 6.
EARLY VOTING
(a) Early Voting by Personal Appearance. Early voting by personal appearance
will be conducted each weekday at Kennedale City Hall, 209 N. New Hope Road,
Kennedale, Texas 76060 between the hours of 8:00 a.m. and 5:00 p.m., beginning on the 21st
day of July, 1997 and ending on the 5th day of August, 1997. The City Secretary shall serve
as the early voting clerk.
(b) Early Voting by Mail. The first day to apply for early voting mail ballots
is the 11th day of June 1997. Applications must be received in the City Secretary's office
no later than 5:00 p.m. on the 1st day of August 1997. Applications for ballots by mail shall
be mailed to Kathy Turner, City Secretary, 209 N. New Hope Road, Kennedale, Texas
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76060. Applications for early voting by mail are available at the city secretary's office.
(c) Early Voting Ballot Board. Early voting shall be canvassed by the early
voting ballot board which is hereby created. The presiding election judge and the alternate
election judge shall serve as the presiding officer and the alternate presiding officer,
respectively, of the early voting ballot board. The other election officers serving at the
election shall serve as the other members of the early voting ballot board for the election.
SECTION 7.
NOTICE
A substantial copy of this ordinance shall serve as proper notice of the special
election. Said notice, including a Spanish translation thereof, shall be posted not later than
the twenty-first (21st) day before the election on the bulletin board used for positing notices
of meetings of the city council and shall be published at least once, not earlier than the
thirtieth (30th) day nor later than the tenth (10th) day before the election in a newspaper
published and of general circulation in the City of Kennedale.
SECTION 8.
CHARTER MAILED TO VOTERS
Before July 9, 1997, the city secretary is directed to mail a copy of the proposed
Home Rule Charter to each registered voter of the City of Kennedale.
SECTION 9.
GOVERNING LAW
This election shall be held in accordance with the Constitution of the United States
and the Texas Election Code and all resident qualified voters of the city shall be eligible to
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vote in the election.
SECTION 10.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 11.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 12.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
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PASSED AND APPROVED ON THIS 24 DAY OF ~ , 1997.
~~~~~
MAYOR
ATTEST:
CITY SECR~ARY
EFFECTIVE: ~~~,~z~e%~
APPROVED AS TO FORM AND LEGALITY:
City
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