O525ORDINANCE NO. 525
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE VII, "KEEP
KENNEDALE BEAUTIFUL COMMISSION ", OF THE CODE OF
ORDINANCES OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED,
BY ESTABLISHING NEW SECTIONS PROVIDING FOR CREATION
AND PURPOSE, MEMBERSHIP, ORGANIZATION, RULES AND
REQUIREMENTS, AND POWERS AND DUTIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY 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 Xl, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council previously adopted an ordinance providing for the creation
and appointment of the Keep Kennedale Beautiful Commission; and
WHEREAS, the City Council now desires to amend said ordinance to revise the
provisions regarding membership on the commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
Chapter 16, Article VII of the Kennedale City Code is hereby amended in its entirety to
read as follows:
"ARTICLE VII. KEEP KENNEDALE BEAUTIFUL COMMISSION
Sec. 16 -95. Creation and Purpose.
There is hereby created a Keep Kennedale Beautiful Commission. Such commission
shall be officially designated as the Keep Kennedale Beautifiil Commission of the City of
Kennedale, Texas. The commission shall promote public interest in the general improvement of
the physical environment of the city and to support programs for refuse management, recycling,
and beautification in conjunction and in cooperation with the citizens, government, businesses,
and industries within the city limits of Kennedale.
Sec. 16 -96. Membership.
(a) Appointed by majority vote of the City Council, this commission shall consist of nine (9)
regular members designated by Places 1 through 9. Appointments shall take place in October of
each year, with Places 1, 3, 5, 7, and 9 appointed in odd numbered years and Places 2, 4, 6, and 8
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appointed in even numbered years. The term for each place shall be two (2) years. Members
must meet the following qualifications:
(1) Be a registered voter of the city;
(2) Shall have resided in the corporate limits of the city for at least one (1) year; and
(3) Continue residency in the city during the term of office.
(b) The City Council shall appoint a replacement to fill any vacancy for the unexpired term
of the members whose place has become vacant.
(c) The City Council shall have the authority to remove any member at any time, with or
without cause.
Sec. 16 -97. Organization, Rules, and Requirements.
(a) By November of each year, the membership shall determine, by simple majority vote, a
chair and a vice chair. The terms of the chair and vice chair shall be one (1) year. It will be the
duty of the Chair to preside over meetings and to assist in setting meeting agendas. If the chair is
absent the vice chair shall assume the duties of that office.
(b) Members of the commission shall meet at least ten (10) times per year, on a regular day
and time selected by its members. The chair may call special meetings as necessary.
(c) The commission shall conduct meetings and govern its proceedings according to the City
Council's adopted rules of order, abide by the Texas Open Meetings Law, and shall keep a
record of its proceedings, including votes and attendance, and shall submit these records to the
City Secretary's Office.
(d) Members of the commission shall not take any action unless a quorum is present. A
quorum shall consist of five (5) members. Each member, including the Chair, is entitled to one
(1) vote, and action of the commission shall require a majority of those members present.
(e) The City Manager shall designate a city employee to serve as staff liaison to the
commission.
(f) Members of the commission 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.
Sec. 16 -98. Powers and Duties.
(a) This commission is advisory only and shall not have any decision - making authority.
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(b) The commission shall have the following duties:
(1) Encourage the reduction of litter in the city, and problems associated therewith;
(2) Recommend to the city council city -wide refuse policy, environmental policy, and
beautification programs for the community as may be needed;
(3) Recommend to the city council the priorities of programs adopted in accordance
with this section;
(4) Evaluate effectiveness of such policies which may be adopted by the city council
in accordance with this section;
(5) Recommend enforcement and additional program alternatives;
(6) Monitor program accomplishments from data collected and examined under the
Keep America Beautiful, Inc., Keep America Beautiful System guidelines; and
(7) Carry out such other tasks as the city council and city manager may designate.
(c) To accomplish these duties, the board may establish subcommittees as necessary. Any
subcommittee shall be chaired by a Keep Kennedale Beautiful Commission member, and an
unspecified number of community volunteers may be chosen by the commission as working
subcommittee members.
Sec. 16 -99. Reserved."
SECTION 2.
The two alternates serving on the board at the time of this Ordinance's approval shall
serve as regular members until October 2013 or until his or her successor is appointed by the
City Council.
SECTION 3.
This Ordinance shall be cumulative of all other ordinances of the City of Kennedale, and
shall not repeal any of the provisions of such ordinance except in those instances when
provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, 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
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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 5.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED on this 1 lth day of July, 2013.
W ayor, n Clark
Attest:
Amethyst G. Cirmo, City Secretary
Effective Date: J u tta
Approved As To Form And Legality:
1�(C D®
Wayne Olson, City Attorney
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