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HomeMy WebLinkAboutORD 2001-009 �,_ . ORDINANCE NO. 2001-09 �``'� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 8 COURTS AND CRIMINAL PROCEDURE RELATIVE TO MUNICIPAL JUDGE; AUTHORIZING THE APPOINTMENT AND APPOINTING THE MUNICIPAL JUDGE FOR GRAPEVINE MUNICIPAL COURT OF RECORD NO. 1; ESTABLISHING THE TERM OF THE MUNICIPAL JUDGE; PROVIDING FOR THE APPOINTMENT OF ALTERNATE JUDGES; ESTABLISHING THE JUDGE'S COMPENSATION; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine Municipal Court of Record was created by the Texas Legislature in 1991; and WHEREAS, the Special Law for the Grapevine Municipal Court was revised and amended by the Texas Legislature in 1999 to require the Municipal Court Judge to be . appointed by the City Council upon completion of the term for which the current Municipal Court Judge was elected; and WHEREAS, the current Municipal Court Judge, the Honorable David Florence, was most recently elected to a three (3) year term that expires on May 5, 2001; and WHEREAS, Section 30.006(b) of the Government Code requires the City Council to approve an ordinance authorizing appointment of the Municipal Court Judge; approving the term, and providing for the compensation of the Municipal Court Judge, and to provide for the appointment of Alternate Judges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein for all purposes. Section 2. That the Grapevine Code of Ordinances Chapter 8 Courts and Criminal Procedure, Section 8-2 is hereby amended and replaced in its entirety to read as follows: "Section 8-2 Judge, alternate judge and court administrator: ,�,:;� � (a) The Municipal Judge shall be appointed by ordinance of the City Council. �`„' (b) The Judge, and any alternate(s), must meet all requirements of State law for holding this office. (c) The City Council shall appoint one or more qualified persons as alternate. (d) The City Council shall set the salary of the Municipal Judge, the amount of which may not be diminished during the judge's term. (e) The City Manager shall appoint a Court Administrator who shall be the Court Clerk." Section 3. That the City Council shall appoint David Florence the Judge of the City of Grapevine Municipal Court of Record No. 1 effective May 5, 2001. Section 4. The term for the Judge of the Municipal Court shall be for a four year term, commencing on the 5th day of May, 2001. Section 5. The City Council, at its discretion, may appoint one or more Alternate Judges. Section 6. The City Council shall establish the compensation for the Municipal �,,� Court Judge and the alternate Municipal Court Judge or Judges. Section 7. That the public importance of this measure creates an emergency and an imperative public necessity, and this Ordinance shall take effect and be in full force and effect immediately upon its passage; all ordinance and/or Charter rules requiring ordinances to be considered and passed at more than one meeting or session are hereby dispensed with for the purpose of adopting this Ordinance as an emergency ordinance, and this Ordinance shall take effect and be in force and effect from and after its final passage, as provided by the Charter of the City. Section 8. It is hereby declared to be the intention of the City Council of the City of Grapevine, Texas, that sections, paragraphs, clauses and phrases 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 or sections of this Ordinance since the same would have been enacted by the City Council of the City of Grapevine without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. ' Section 9. That this Ordinance shall be effective from and after its passing. �:� ORD. NO. 2001-09 2 �_ , PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, Texas, on this the 6th day of February, 2001. �.� APPROVED: ����—�. William D. Tate � Mayor ATTEST: Lind Huff City Secretary APPROVED AS TO FORM: � s �s���� � Matthew Boyle City fittorr�ey �� ORD. NO. 2001-09 3