O642ORDINANCE NO. 642
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
APPOINTING THE JUDGE AND ASSOCIATE JUDGES OF THE
MUNICIPAL COURT OF RECORD IN THE CITY OF KENNEDALE;
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 XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council has created a municipal court of record, pursuant to
Chapter 30 of the Texas Government Code; and
WHEREAS, Chapter 30 of the Texas Government Code relating to municipal
courts of record provides that the judge of the municipal court of record shall be
appointed by the City Council by ordinance; and
WHEREAS, the workload of the Kennedale Municipal Court is not large enough
to support a full time Municipal Court Judge; and
WHEREAS, it is of great benefit to the City of Kennedale to have an experienced
municipal court judge sit on the bench of the City of Kennedale municipal court; and
WHEREAS, Section 574.001, Texas Government Code requires that a finding be
made to the effect that a person who serves as an officer in more than one appointed
position obtain a finding from the governing body that such officer has satisfied Article
XVI, Section 40 of the Texas Constitution; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1. It is hereby found that the office of municipal court judge of the City
of Kennedale is of benefit to the State of Texas and to the City of Kennedale and that
there is no conflict between the office of municipal court judge of Kennedale and the
office of municipal judge in any other City.
SECTION 2. William "Bill" Lane is hereby reappointed as the Municipal Judge of
the municipal court of record in the City of Kennedale, Texas, for a two-year term
beginning May 21, 2018. At the expiration of said term in accordance with Article 16,
Section 17 of the Texas Constitution Judge Lane shall continue to serve until his
successor shall be duly qualified.
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SECTION 3. Craig Magnuson and Erin Bakker are hereby appointed as the
associate judges to serve when the Municipal Judge is temporarily absent or unable to
serve.
SECTION 4. This ordinance shall be cumulative of all other ordinances of the
City of Kennedale and shall not repeal any of the provision of such ordinances except in
those instances when provisions of such ordinances are in direct conflict with the
provisions of this ordinance in which the event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 5. 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 6. 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.
DULY PASSED, ADOPTED, AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS, ON THE 21st DAY OF MAY, 2018.
APPROVED:
AYOR, BRIA JOHNSON
ATTEST:
CITY SECRETARY, LESLIE GALLOWAY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY, WAYNE OLSON
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