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HomeMy WebLinkAboutItem 01 - Municipal JudgeMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM # HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER FEBRUARY 6, 2001 APPOINTMENT OF MUNICIPAL JUDGE City Council to consider an ordinance amending the Grapevine Code of Ordinances, Chapter 8 Courts and Criminal Procedure, Section 8-2 relative to appointing a Municipal Judge for Grapevine Municipal Court of Record No. 1; establishing the term of the Municipal Court Judge; providing for the appointment of Alternate Judges and establishing the Judge's compensation pursuant to the Uniform Municipal Courts of Record Act. FUNDING SOURCE: Funds are currently available in the 2001 Budget. The Municipal Court Judge is a budgeted staff position, even though it was formerly an elected role. 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. The City Council by ordinance established the term of office at three years. Judge David Florence has served as Municipal Judge since April 1980. Upon passage of House Bill 731, effective September 1, 1999, the Texas Legislature repealed this law and replaced it with the Uniform Municipal Courts of Record Act (Section 30.00001 of the Texas Government Code), which now governs all Texas Municipal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. House Bill 731 further provides that a Judge holding office on September 1, 1999 continues in office for the remainder of the term to which he was elected. Judge Florence was last elected Municipal Judge on May 2, 1998 to a three-year term. His current term will expire in May 2001. February 1, 2001 (9:17AM) At the time Judge Florence's term expires, it will be necessary for the City Council to have adopted an ordinance appointing a Municipal Judge and setting the Judge's term of office. Given the long record of exemplary service on behalf of the City of Grapevine by Judge David Florence, Staff recommends approval of an ordinance establishing Judge Florence as the City's Municipal Judge and establishing a term of four years for that appointment. The Municipal Judge will then be included as one of the City's employment positions which is appointed by the City Council. As with similar appointees, pay and benefits would be 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. WAG/cjc H:AGMORDJUDGE February 1, 2001 (9:17AM) 9wy�,�h4 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 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) eler3tiOR 6h -All be den-iaFed The Municipal Judge shall be appointed by ordinance of the City Council. (b) to FFnS being throe_ yeaFG. The Judge and any alternate(s), must meet all requirements of State law for holding this office. (c) must have the same GlWalikati9R6 as the FAURiGipal judge, e)(Gept that aR . The City Council shall appoint one or more qualified persons as alternate. (d) judge'G teFFn 9f 94i 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 Cily 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 Board of Aldermen of the Town of Westlake 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, Texas, on this the 6th day of February, 2001. ATTEST: ORD. NO.