O396ORDINANCE NO. 396
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 16, ARTICLE II, OF THE KENNEDALE CITY CODE (1991),
AS AMENDED; AMENDING THE ORGANIZATION, OPERATION,
MEETINGS AND QUORUMS; AMENDING THE POWERS AND DUTIES
OF THE PARKS AND RECREATION BOARD; AMENDING
PROVISIONS RELATING TO THE BUDGETING PROCESS;
AMENDING THE CITY MANAGER'S PARTICIPATION; AMENDING
THE DISPOSITION OF REVENUES; 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 XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council heretofore adopted Ordinance No. 48 creating the
Parks and Recreation Board; and
WHEREAS, the City Council deems it necessary to amend the provisions
applicable to the Parks and Recreation Board; and
WHEREAS, the amendments to the Parks and Recreation Board will allow the
Board to operate in a manner consistent with the goals of the City Council as well as the
needs of the residents of the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
Section 16-12 of the Kennedale City Code, is hereby amended to read as
follows:
Sec. 16-12. Organization, operation, meetings and quorums.
(a) By June of each year, the membership shall determine, by simple majority
vote, a chair and vice-chair. The terms of office of chair and vice-chair will
be for the period of one (1) year from May 31st of each year.
It will be the duty of the chair to preside over the meetings of the board
and to assist in setting meeting agendas.
(b) The board shall make such rules and regulations for its own government
and shall hold at least six (6) regular meetings per year. A quorum shall
consist of three (3) members of the park and recreation board.
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SECTION 2.
Section 16-13 of the Kennedale City Code, is hereby amended to read as
follows:
Sec. 16-13. Absence from meetings, notification.
Should any member of the park and recreation board be absent from three (3)
meetings during any twelve-month period beginning from the date of the
appointment to such board, it shall be the responsibility of the chair, or in his
absence, the vice-chair, to notify the city council, through the city manager, with a
record of such absences and of any and all extenuating circumstances related to
the absences.
SECTION 3.
Section 16-15 of the Kennedale City Code is hereby amended to read as follows:
Sec. 16-15. Powers and duties of board.
The park and recreation board shall have the power and authority and it shall be
its duties:
(1) To make studies and project plans for the improvement and
acquisition of public parks and open spaces with a view of park
development and extension, and to recommend all matters for the
development and advancement of the city parks and open space
facilities, layout and appearance, and to perform the duties of advance
planning for future acquisition and development of potential park and
open space lands;
(2) To aid and assist the city manager in the procuring of financial and
other aids and assistance for the city from the state and federal
governments and their agencies for each and all of the purposes
herein enumerated;
(3) To act with and assist all other municipal boards, governmental
agencies, regional associations and especially the city council in
formulating proper plans for municipal park and open space
development;
(4) To plan and recommend the location, plan, and extent of city parks,
playgrounds, and other public grounds and public improvements, for
the location and planning of public buildings, schools and other
properties, and of recreational facilities, including those public and
privately owned improvements for water, lights, sanitation, sewer
disposal, and drainage;
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(5) To recommend general rules and regulations governing use of parks,
open spaces, community, recreational facilities and buildings;
(6) To recommend plans for improving, developing, expanding and
beautifying the parks and public buildings in or adjacent to the city and
to cooperate with the city council and other agencies of the city in
advising, establishing, locating, improving, selecting, expanding and
maintaining the public parks, playgrounds and lakes for public
recreation;
(7) To recommend programs to the city council, in an advisory capacity,
to originate, plan and coordinate a recreation program for all segments
of the population, throughout all seasons of the year. Efforts by the
board should be made to assure that all recommendations will utilize
existing facilities and organizations to provide recreational and leisure
time activities to the citizens. The board should concern itself with the
possibilities of gaining cooperative use of non-city owned facilities and
implementing proven programs to attract participants for recreational
activities.
SECTION 4.
Section 16-16 of the Kennedale City Code is hereby amended to read as follows:
Sec. 16-16. City manager's role.
The city manager or his designated representative shall act in an advisory
capacity to the board.
SECTION 5.
Section 16-17(c) of the Kennedale City Code is hereby amended to read as
follows:
(c) The city manager shall confer with the park and recreation board during
the preparation of his annual park department budget recommendation to
the city council.
SECTION 6.
Section 16-19 of the Kennedale City Code is hereby amended to read as follows:
Sec. 16-19. Disposition of revenues.
All revenues derived from park and recreation related activities, which are under
the direct control of the city, shall be deposited to the appropriate fund and
utilized to support park and recreation related activities to the extent of citywide
needs as determined by the city council during the annual budgeting of funds for
all city departments.
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SECTION 7.
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 8.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of the 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 9.
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
PASSED AND APPROVED ON THIS 20T" DAY OF MAY, 2008.
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: ~ ` MAYOR, BRYAN LANKHORST
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KATHY TURN R, CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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