O454 ORDINANCE NO. 454
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS APPOINTING THE
JUDGE AND ASSOCIATE JUDE 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 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.
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 municipal court of the City of Kennedale;
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
WHEREAS, there is no conflict between the office of municipal court judge of the
City of Kennedale and the office of municipal court judge in any other municipality in the
State of Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
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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 judge of Kennedale and the office of municipal
judge in any other city.
SECTION 2.
William "Bill" Lane is hereby appointed as the Municipal Judge of the municipal
court of record in the City of Kennedale, Texas for a two year term beginning May 1,
2010. 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.
SECTION 3.
Craig Magnuson is hereby appointed as the associate judge to serve when the
Municipal Judge is temporarily absent or unable to serve.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinance and of the Code
of Ordinances of the City of Kennedale, Texas, as amended, except where 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 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.
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SECTION 6.
This ordinance shall be in full force and effect from and after its passage and it is
so ordained.
i*, p AND APPROVED ON THIS 17 DAY OF MAY, 2010.
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▪ f • _. 7 MAYOR, BRYAN LANKHORST
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KATHY TURN , CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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