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HomeMy WebLinkAboutItem 04 - Municipal Judge d EM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER c3 MEETING DATE: MAY 5, 2009 SUBJECT: APPOINTMENT OF MUNICIPAL JUDGE RECOMMENDATION: City Council to consider an ordinance amending the Grapevine Code of Ordinances, Chapter 8 Courts and Criminal Procedure relative to the term of appointment for the Municipal Court Judge and providing for the reappointment of the current Judge. FUNDING SOURCE: Funds are currently available in the FY 2009 Budget. BACKGROUND: Prior to September 1, 1999 the operation of the Grapevine Municipal Court was governed by Section 30.01011 of the Texas Government Code. The Judge was required to be elected for a term of not less than two nor more than four years to be determined by City Ordinance. Upon passage of House Bill 731, effective September 1, 1999, the Texas Legislature repealed this law and replaced it with the Uniform Municipal Courts of Record Act (Section 30.00001 of the Texas Government Code), which now governs all Texas Municipal Courts of Record. Under this new law, which supercedes any City ordinance or Charter provision, the City Council must, by ordinance. appoint the Municipal Judge and must provide for the term of office to be either two or four years. Judge David Florence was appointed by ordinance on May 5, 2001 for a four-year term, and reappointed by ordinance on April 19, 2005 for another four-year term. This ordinance will reappoint Judge Florence for an additional two-year term. The Municipal Judge is included as one of the City's employment positions which is appointed by the City Council. As with similar appointees, pay and benefits are established by the City Council each year during the approval of the fiscal year budget. Staff recommends approval of the ordinance and authorization to continue with Judge David Florence as the City's Municipal Judge. April 30,2009(3:23PM) ORDINANCE NO. 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 THE TERM OF APPOINTMENT FOR THE MUNICIPAL COURT JUDGE; REAPPOINTMENT OF THE CURRENT MUNICIPAL COURT JUDGE FOR A TWO (2) YEAR TERM; 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 reappointed to a four (4) year term that expires on May 5, 2009; 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. WHEREAS, the City of Grapevine desires to reappoint the current Municipal Court Judge, the Honorable David Florence, for an additional two (2) year term, commencing on May 5, 2009. 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, Section 8-2 (f) be deleted and replaced in its entirety to read as follows and that the remainder of the section be renumbered from (h) and (i) to (g) and (h): "(f) The term for the Judge of the Municipal Court shall be for a two (2) year term, commencing on the 5th day of May, 2009." Section 3. 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; and 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 4. That it is hereby declared to be the intention of the City Council of the City of Grapevine, 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 or invalidity 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 or invalid phrase, clause, sentence, paragraph or section. Section 5. That this ordinance shall take effect from and after the date of its passing. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , GRAPEVINE, TEXAS, on this the 5th day of May, 2009. APPROVED: ATTEST: ORD. NO. 2 APPROVED AS TO FORM: ORD. NO. 3