O457 ORDINANCE NO. 457
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF KENNEDALE, TEXAS BY ADDING A
NEW ARTICLE VIII CREATING AN ARTS AND CULTURE BOARD;
ESTABLISHING THE QUALIFICATIONS AND TERMS FOR
MEMBERSHIP OF THE BOARD; PROVIDING FOR THE POWERS AND
DUTIES OF THE BOARD; PROVIDING REQUIREMENTS FOR
OFFICERS, MEETINGS AND VOTING OF MEMBERS OF THE BOARD;
ESTABLISHING PROVISIONS FOR THE DISPOSITION OF
REVENUES, THE CITY MANAGER'S ROLE AND APPOINTMENT OF A
STAFF LIAISON; 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 of Kennedale desires to create an Arts and Culture Board to
enrich the local community by promoting public interest and appreciation of the visual
arts and culture in the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
The Kennedale City Code is hereby amended by adding an Article VIII, "Arts and
Culture Board" to Chapter 16, which shall read as follows:
ARTICLE VIII. ARTS AND CULTURE ADVISORY BOARD
Sec. 16 -100. Created and purpose.
(a) There is hereby created and established an arts and culture advisory
board to be composed of seven (7) regular members. Such board shall
be officially designated as the Arts and Culture Board of the City of
Kennedale, Texas.
(b) The board's purpose is to enrich the local community by promoting public
interest and appreciation of the visual arts and culture in the community.
Sec. 16 -101. Membership; appointments, qualifications, terms, vacancy.
(a) The City Council will appoint the seven (7) member board designated by
places, being place 1 through place 7 and designating one member as
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board chair. The terms of office will be for periods of two (2) years from
July 1st of each year with the exception of the initial year when four
members will serve an initial term of one (1) year.
(b) Members shall be appointed by a majority vote of city council with the
initial term for regular board members as follows:
i. The initial term for regular board members serving in places 1, 3,
5, and 7 will be until June 30, 2011. Thereafter, places 1, 3, 5,
and 7 will be appointed in each odd numbered year.
ii. The initial term for regular board meetings serving in places 2, 4,
and 6 will be until June 30, 2012. Thereafter, places 2, 4, and 6
will be appointed in each even numbered year.
(c) The board is authorized to create committees and subcommittees as
necessary to fulfill its purpose as established by this ordinance.
(d) In the event of a vacancy on the arts and culture board, such vacancy will
be filled as soon as practical by majority vote of city council.
(e) The members of the arts and culture board will be resident citizens within
the corporate limits of the city, taxpayers, and qualified voters of the City
of Kennedale, Texas.
(f) Each board member serves at the pleasure of city council and may be
removed by a majority vote of the city council with or without cause.
Sec. 16 -102. Organization, operation, meetings and quorums.
(a) It will be the duty of the chair to preside over the meetings of the board
and to assist in setting meeting agendas.
(b) By July 1 of each year, the board members will determine, by simple
majority vote, a vice - chair. The term of office of the vice -chair will be for
the period of one (1) year from July 1 of each year.
(c) The board shall make such rules and regulations for its own government
and shall hold at least eight (8) regular meetings per year. A quorum shall
consist of four (4) members of the arts and culture advisory board.
Sec. 16 -103. Absence from meetings, notification.
Should any member of the arts and culture board be absent from four (4)
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
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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.
Sec. 16 - 104. Powers and duties of board.
The arts and culture advisory board shall have the power and authority and it
shall be its duties:
(1) To make studies and plans for the promotion of art and culture within
the community and in the public's best interest.
(2) To create committees and subcommittees from community volunteers
to enhance the board's efforts in promotion of art and culture in the
community.
(3) To aid and assist in the procuring of financial and other aids and
assistance from state and federal governments and their agencies for
each and all of the purposes herein enumerated;
(4) To create a 501 (c) 3 non - profit corporation with the purpose to
promote art and culture within the community and where the seven (7)
member arts and culture advisory board will serve as the board
members on the 501 (c) 3;
(5) To enhance community appreciation for the arts and culture by
recommending, planning and coordinating programs, events and
activities that promote opportunities for all segments of the population,
throughout all seasons of the year to learn about and experience art
and culture in Kennedale.
Sec. 16 - 105. City manager's role.
The city manager or his /her designated representative shall act in an advisory
capacity to the board.
Sec. 16 - 106. Recommendations to council; procedure; budgeting.
(a) The arts and culture advisory board recommendations shall be by majority
vote of a quorum of the board, and such recommendations shall normally
be made through the city manager.
(b) The city manager will confer with the arts and culture board during his
preparation of the annual budget recommendation to the city council.
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Sec. 16 -107. Employee matters not within purview of board.
The arts and culture advisory board shall have no authority in the choice
of employees who may be assigned as liaisons or to assist in event,
program or other activities associated with the work of the arts and culture
advisory board.
Sec. 16 - 108. Disposition of revenues.
All revenues derived from fund raising or other means associated with the
arts and culture advisory board, which are under the direct control of the
city, shall be maintained by the city and deposited to the appropriate fund
for utilization in support of arts and culture related activities to the extent of
citywide needs as determined by the city council during the annual
budgeting of funds for all city departments.
SECTION 2.
CUMULATIVE
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 3.
SEVERALBE
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 4.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
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PASSED AND APPROVED ON THIS 8 DAY OF JULY, 2010.
‘ i)70/PtiLifilel/OTS - r -
MAYOR, BRYAN LANKHORST
ATTEST:
KATHY TURN CITY SECRETARY
EFFECTIVE: d ?_4l0
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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