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HomeMy WebLinkAboutItem 11 - Municipal JudgeMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER e/ MEETING DATE: APRIL 19, 2005 SUBJECT: APPOINTMENT OF MUNICIPAL JUDGE RECOMMENDATION: City Council to consider an ordinance amending Ordinance 2001-09 relative to appointing a Municipal Judge for Grapevine Municipal Court and providing for the reappointment of the current Judge. FUNDING SOURCE: Funds are currently available in the 2005 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 Upon passage of House Bill 731, effective September 1, 1999, the Texas Legislature repealed this law and replaced it with the Uniform Municipal Courts of Record Act (Section 30.00001 of the Texas Government Code), which now governs all Texas Municipal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. This ordinance will reappoint Judge Florence for an additional four-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. WAG/cjc H:AGMORDJUDGE2005 April 14, 2005 (11:11 AM) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 2001-09 RELATIVE TO THE APPOINTMENT OF THE MUNICIPAL COURT JUDGE; SPECIFICALLY TO REAPPOINT THE CURRENT MUNICIPAL COURT JUDGE FOR AN ADDITIONAL FOUR (4) YEAR TERM; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine desires to reappoint the current Municipal Court Judge, the Honorable David Florence, for an additional four (4) year term, commencing on May 5, 2005. 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 Ordinance No. 2001-09 is hereby amended by amending the following section of said ordinance: "Section 4. The term for the Judge of the Municipal Court shall be for a four (4) year term, commencing on the 5th day of May, 2005." Section 3. That all other provisions and terms of Ordinance No. 2001-09, not hereby amended, shall remain in full force and effect. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of April, 2005. ATTEST: FAISINMO A * teffl: 10] Mj Kel KSTZT"q ORD. NO. 2