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O556ORDINANCE NO. 556 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE II, "PARKS AND RECREATION BOARD," SECTION 16 -11 AND SECTION 16 -12, OF THE CODE OF ORDINANCES OF THE CITY OF KENNEDALE, TEXAS, AS AMENDED, BY AMENDING THE NUMBER OF MEMBERS AND THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM; 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 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; and WHEREAS, the City Council previously adopted an ordinance providing for the creation and appointment of Parks and Recreation Board; and WHEREAS, the City Council now desires to amend said ordinance to revise the provisions regarding membership on the board and quorum necessary to make decisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Chapter 16, Article II, Section 16 -11 of the Kennedale City Code is hereby amended to read as follows: "See. 16 -11. - Membership. (a) Appointed by majority vote of the city council, this board shall consist of seven (7) regular members designated by places 1 through 7. Appointments shall take place in October of each year, with places 1, 3, 5, and 7 appointed in odd numbered years and places 2, 4, and 6 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. Page 1 of 3 (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." SECTION 2. Chapter 16, Article II, Section 16 -12 of the Kennedale City Code is hereby amended to read as follows: "Sec. 16 -12. - 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 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 board 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 board shall not take any action unless a quorum is present. A quorum shall consist of four (4) 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 city manager shall designate a city employee to serve as staff liaison to the board. (f) Members of the board shall receive one dollar ($1.00) 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 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 a provision 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 Page 2 of 3 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 5. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED by the City Council of the City of Kennedale, Texas, this the 13th day of October, 2014. ATTEST: 4) 6-6� CITY SEC ARY, KELLY COOPER APPROVED AS TO FORM AND LEGALITY: f r Cit Atto y APPROVED: YOR, BRIAN JOHNSON `OF KENN .1, °° y .......... Gad ' �9< o •y CO t4T .11111, 11110o Page 3of3