O479ORDINANCE NO. 479
AN ORDINANCE ADDING SECTION 2 -21 TO ARTICLE II (CITY
COUNCIL) OF CHAPTER 2 (ADMINISTRATION), AMENDING
SECTIONS 4 -248 AND 4 -251 OF ARTICLE IX (BUILDING BOARD OF
APPEALS) OF CHAPTER 4 (BUIDINGS AND BUILDING
REGULATIONS), AMENDING SECTION 16 -12 OF ARTICLE II (PARKS
AND RECREATION BOARD) OF CHAPTER 16 (PARKS, RECREATION
AND CULTURAL ACTIVITIES), AMENDING SECTION 16 -99 OF
ARTICLE VII (KEEP KENNEDALE BEAUTIFUL COMMISSION) OF
CHAPTER 16 (PARKS, RECREATION AND CULTURAL ACTIVITIES),
AMENDING SECTION 16 -102 OF ARTICLE VIII (ARTS AND CULTURE
ADVISORY BOARD) OF CHAPTER 16 (PARKS, RECREATION AN
CULTURAL ACTIVITIES), AND AMENDING SECTION 17 -430 OF
ARTICLE VI (ZONING) OF CHAPTER 17 (PLANNING AND LAND
DEVELOPMENT), ALL OF THE KENNEDALE CITY CODE (1991), AS
AMENDED; PROVDING FOR COMPENSATION TO BE PAID TO THE
MEMBERS OF THE CITY COUNCIL, THE BUIDING BOARD OF
APPEALS, THE PARKS AND RECREATION BOARD, THE KEEP
KENNEDALE BEAUTIFUL COMMISSION, THE ARTS AND CULTURE
ADVISORY BOARD AND THE ZONING BOARD OF ADJUSTMENT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale 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, the Texas Supreme Court has recently interpreted Section 101.106
of the Texas Tort Claims Act to essentially bar suits for common law tort claims against
government employees sued in their individual capacity for acts committed within the
scope of employment; and
WHEREAS, for the purposes of the Texas Tort Claims Act, an employee of a
government is defined as a person, including an officer or agent, who is in the paid
service of the governmental unit; and
WHEREAS, the City of Kennedale desires to expressly provide for compensation
to members of the city council and certain other boards and commissions of the city for
their service such that the members of those bodies will be immune from individual
liability for common law torts under state law by section 101.106.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
The Kennedale City Code is hereby amended by adding Section 2 -21,
"Compensation," to Article II, "City Council," Chapter 2, "Administration," which shall
read as follows:
Sec. 2 -21. Compensation and Reimbursement.
The members of the city council shall regularly attend meetings of the council
and shall receive five dollars ($5.00) for each scheduled city council meeting duly
attended as compensation for performance of their duties. The city council shall also
receive five dollars ($5.00) for each scheduled city council meeting duly attended as
reimbursement for expenses incurred in the performance of their duties.
SECTION 2.
Section 4 -248, "Qualifications of members," and Section 4 -251, "Meetings and
quorums," of Article IX, 'Building Board of Appeals," of Chapter 4, 'Buildings and
Building Regulations," of the Kennedale City Code is hereby amended to read as
follows:
Sec. 4 -248. Qualifications of members.
It is the intent of the city council that the board members shall, by reason of
diversity of their individual areas of expertise, constitute a board which is broadly
representative of various fields of building construction and building standards. In
making appointments to the board, the city council will give consideration to persons
who are qualified by experience and training to pass on matters pertaining to building
construction, mechanical design, plumbing systems or electrical systems, or who have
practical experience in matters relating to building construction or value such as a
mortgage banker or licensed real estate agent. A member, except for the building
official, may not be a regular part -time, regular full -time or temporary employee of the
city.
Sec. 4 -251. Meetings and quorums.
A quorum for the conduct of business shall consist of four (4) members of the
board. Each member is entitled to one (1) vote and action of the board shall require a
majority of those members present. The members of the board shall regularly attend
meetings and shall receive five dollars ($5.00) for each meeting attended as
compensation for the performance of their duties. In addition, members may receive
reimbursement of authorized expenses attendant to the performance of their duties.
The members shall comply with all time limits and public notice requirements and all
meetings of the board shall be held in compliance with the Texas Open Meetings Act.
SECTION 3.
Section 16 -12, "Organization, operation, meetings and quorums," of Article II,
"Parks and Recreation Board," of Chapter 16, "Parks, Recreation and Cultural
Activities," of the Kennedale City Code is hereby amended to add a subsection (c) to
read as follows:
Sec. 16 -12. Organization, operation, meetings and quorums.
(c) The members of the board shall regularly attend meetings and shall
receive five dollars ($5.00) for each regular meeting attended as compensation for the
performance of their duties, but no compensation shall be paid for special meetings. In
addition, members may receive reimbursement of authorized expenses attendant to the
performance of their duties.
SECTION 4.
Subsection (f) of Section 16 -99, "Meetings, officers, procedures, and quorums,"
of Article VII, "Keep Kennedale Beautiful Commission," of Chapter 16, "Parks,
Recreation and Cultural Activities," of the Kennedale City Code is hereby amended to
read as follows:
Sec. 16 -99. Meetings, officers, procedures, and quorums.
(f) Members of the Commission shall regularly attend meetings and shall
receive five dollars ($5.00) for each regular meeting attended as compensation for the
performance of their duties, but no compensation shall be paid for special meetings. In
addition, members may receive reimbursement of authorized expenses attendant to the
performance of their duties.
F.W.WWI
SECTION 5.
Section 16 -102, "Organization, operation, meetings and quorums," of Article VIII,
"Arts and Culture Advisory Board," of Chapter 16, "Parks, Recreation and Cultural
Activities," of the Kennedale City Code is hereby amended to add a subsection (d) to
read as follows:
Sec. 16 -102. Organization, operation, meetings and quorums.
(d) Members of the board shall regularly attend meetings and shall receive
five dollars ($5.00) for each regular meeting attended as compensation for the
performance of their duties, but no compensation shall be paid for special meetings. In
addition, members may receive reimbursement of authorized expenses attendant to the
performance of their duties.
SECTION 6.
Subsection (a) of Section 17 -430, 'Board of Adjustment," of Article VI, "Zoning,"
of Chapter 17, "Planning and Land Development," of the Kennedale City Code is hereby
amended to add a subsection (a)(4) to read as follows:
Sec. 17 -430. Board of adjustment.
(a) Organization of board of adjustment.
(4) Members of the board shall receive five dollars ($5.00) for each meeting
attended as compensation for the performance of their duties. In addition,
members may receive reimbursement of authorized expenses attendant to
the performance of their duties.
SECTION 7.
CUMULATIVE
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 8.
SEVERABLE
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, sentence, paragraph or section.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
PASSED AND APPROVED ON THIS (Z "DAY OF '2011.
Pry", L'q'440y'<�r
MA OR, BRYAN LANKHORST
ATTEST:
Atel (
AMETHYST GIRMO, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
C J/
WAYNE K. OLSON, CITY ATTORNEY