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O524ORDINANCE NO. 524 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE V, "LIBRARY ADVISORY BOARD ", OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY ESTABLISHING NEW SECTIONS PROVIDING FOR A NEW BOARD NAME, 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 Library Advisory Board; and WHEREAS, the City Council now desires to amend said ordinance to revise the regarding membership on the board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Chapter 16, Article V of the Kennedale City Code is hereby amended in its entirety to read as follows: "ARTICLE V. LIBRARY BOARD See. 16 -60. Creation and Purpose. There is hereby created and established a Library Board. Such board shall be officially designated as the Library Board of the City of Kennedale, Texas. The board shall provide guidance and support to all facets of library operation, provide short and long -term planning, and serve as a liaison between the library and the public. See. 16 -61. Membership. (a) Appointed by the City Council, this board shall consist of five (5) regular members designated by Places 1 through 5. Appointments shall take place in October of each year, with Places 1, 3, and 5 appointed in odd numbered years and Places 2 and 4 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; Page 1 (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 -62. 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 board shall meet at least four (4) times per year, on a regular day and time selected by its members. The chair may call special meetings as necessary. (c) The board shall adopt its own rules and procedures and shall keep a record of its attendance. (d) Members of the board shall not take any action unless a quorum is present. A quorum shall consist of three (3) members. Each member, including the Chair, is entitled to one (1) vote, and action of the board shall require a majority of those members present. (e) The Library Director shall serve as staff liaison to the board. (f) Members of the board 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 -63. Powers and Duties. (a) This board is advisory only and shall not have any decision - making authority. (b) The board shall have the following duties: (1) Encourage the development of public libraries within the City of Kennedale; (2) Organize and coordinate fund- raising drives, reading or literacy programs, and other events for the benefit of the library and the community; (3) Recommend to the city council policies and programs for the advancement of public libraries within the City of Kennedale; Page 2 (4) Cooperate with all other public and private groups in advancing the best interest of the public libraries in the City of Kennedale. Secs. 16 -64 - 16 -69. Reserved." SECTION 2. 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 3. 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 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 4. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED on this I I day of July, 2013. lye a& M&, John Clark Attest: Approved As To Form And Legality: /" J a, /� - - — Wayne Olson, City Attorney Page 3