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O148t ~. ~~ ORDINANCE NO. 148 AN ORDINANCE AMENDING THE ENTIRETY OF THE KENNEDALE CITY CODE TO CHANGE "CITY ADMINISTRATOR" TO "CITY MANAGER"; 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; and WHEREAS, the City of Kennedale recently adopted a Home Rule Charter, which provides for the appointment of a "City Manager" as the chief administrative officer of the city instead of a "City Administrator"; and WHEREAS, the city council desires to change the Kennedale City Code and all ordinances previously adopted to designate the position of "City Administrator" as "City Manager." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. AMENDING "CITY ADMINISTRATOR" TO "CITY MANAGER" From and after the effective date of the city charter, any reference to "City Administrator" in the Kennedale City Code or other city ordinances shall mean and shall be amended to be "City Manager." 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of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. A:\L.IBRARY\Kennedale\ORDINANC\citymanager.wpd (02/05/98) Page 1 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. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and it is so ordained. H:\LIBRARY\Kennedale\ORDINANC\citymanager.wpd (02/05/98) Page 2 PASSED AND APPROVED ON THIS 1? DAY OF FEBRUARY ,1998. --- .- MA OR ~- ATTEST: CITY SE TARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: ~l~ ~~~- City Attorney H:U.IBRARI'\Kennedale\ORDINANC\citymanager.wpd (02/05/98) Page 3