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O149 ~- ORDINANCE NO. 149 pfF1C1A1= C11Y SECRETARY'S Cpp`( AN ORDINANCE ADDING ARTICLE V TO CHAPTER 16 OF THE KENNEDALE CITY CODE TO CREATE A LIBRARY ADVISORY BOARD; AMENDING CHAPTER 16 OF THE KENNEDALE CITY CODE TO CHANGE THE TITLE TO "PARKS, RECREATION, AND CULTURAL ACTIVITIES"; 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; WHEREAS, the City of Kennedale desires to create a Library Advisory Board to provide guidance for and support to Library operation, provide short- and long-term planning, and serve as a liaison between the Library and the City Council; and WHEREAS, the City of Kennedale desires to amend the title of Chapter 16 of the Kennedale City Code to "Parks, Recreation, and Cultural Activities," and to add an Article V creating the Library Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. AMENDMENT 1.01. Amending the Title of Chapter 16. The Kennedale City Code is hereby amended by changing the title of Chapter 16 to "PARKS, RECREATION, AND CULTURAL ACTIVITIES." LIBRARY ADVISORY BOARD PAGE 1 H:\LIBRARY\Kennedale\ORDINANC\Library.ORD.DND.wpd (03/13/98) ~i 1.02. Adding Article V to Chapter 16. The Kennedale City Code is hereby amended by adding an Article V, "LIBRARY ADVISORY BOARD," to Chapter 16, to be numbered Sections 16-60 through 16-64, which sections read as follows: ARTICLE V. LIBRARY ADVISORY BOARD Sec. 16-60. Creation and purpose. There is hereby established a board known as the "Library Advisory Board" in the City of Kennedale. 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 City Council. Sec. 16-61. Number of members and qualifications. The Board shall consist of five (5) voting members who meet the following qualifications: (1) is a registered voter of the City; (2) has resided in the City for at least one year; and (3) continues residency in the City during the term of office. Sec. 16-62. Appointment, terms of office, removal, and vacancy. (a) The City Council shall appoint five (5) qualified persons to serve two-year terms on the Board. The members of the Board shall be identified by place numbers. Upon initial appointment pursuanttothisordinance, members in the even numbered places shall serve terms expiring July 1, 2000, and members in the odd numbered places shall serve terms expiring July 1, 1999. Thereafter, the terms of office of the members shall be two years beginning on July 1S' of the year of appointment. The terms of the odd numbered places shall expire in the odd numbered years, and the terms of the even numbered places shall expire in the even numbered years. Board members may be appointed to succeed themselves. Newly appointed members shall be installed at the first regular board meeting after their appointment. (b) The members of the Board will serve at the pleasure of the City Council. (c) The City Council shall appoint a replacement to fill any vacancy on the Board for the unexpired term of the member whose place has become vacant. Sec. 16-63. Powers and duties. (a) The Board is advisory only and shall not have any decision-making authority. LIBRARY ADVISORY BOARD PAGE 2 H:\LIBRAR`N(ennedale\ORDINANC\Library.ORD.DND.wpd (03/13/98) .~ ~~ ' (b) The Board shall make an annual report to the City Council of the Board's activities, projects, and accomplishments. (c) The Board may perform 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; (4) Attend City Council meetings as necessary to provide an update on library events and concerns; and (5) Cooperate with all other public and private groups in advancing the best interest of the public libraries in the City of Kennedale. Sec. 16-64. Meetings, officers, procedures, and quorums. (a) The Board shall meet at least once each quarteron a regular day as selected by the members. The Chairperson may call additional special meetings as necessary. (b) The members of the Board shall determine by simple majority vote a Chairperson and a Secretary. The officers shall serve one year terms of office. (c) The Board shall adopt its own rules and procedures and shall keep a record of its proceedings. (d) Members of the Board shall not take any action unless a quorum is present. A quorum shall consist of three (3) members of the Board. (e) Each member is entitled to one vote, and action of the Board shall require a majority of those members present. The Chairperson shall vote only in case of a tie vote. (f) Members of the Board shall regularly attend meetings and shall serve without compensation. LIBRARY ADVISORY BOARD PAGE 3 H:\LIBRARY\Kennedale\ORDINANC\Library.ORD.DND.wpd (03/13/98) ,~ i SECTION 2. CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Kennedale City Code, except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. 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, clause, sentence, paragraph or section. SECTION 4. SAVINGS All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code or any other ordinances which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. LIBRARY ADVISORY BOARD PAGE 4 H:\LIBRARY\Kennedale\ORDINANC\Library.ORD.DND.wpd (03/13/98) .~ -!~ , SECTION 5. 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 12 DAY OF r~xc~ ~, 1998. ~,.~ ~ MAYOR ATTEST: ~~ ~~ CITY SE ETARY EFFECTIVE: 03/12/1998 APPROVED AS TO FORM AND LEGALITY: City Attorney LIBRARY ADVISORY BOARD PAGE 5 H:\LIBRARY\Kennedale\ORDINANC\Library.ORD.DND.wpd (03/13/98)