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HomeMy WebLinkAboutItem 16 - Judge Alan Wayland MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 16, 2017 SUBJECT: APPROVAL OF AN ORDINANCE REAPPOINTING ALAN WAYLAND AS MUNICIPAL COURT JUDGE RECOMMENDATION: City Council to consider an ordinance reappointing Judge Alan Wayland as the City's Municipal Judge for a two-year term beginning May 1 , 2017. FUNDING SOURCE: Funds are currently available in the FY 2017 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 Upon passage of House Bill 731, effective September 1, 1999, the Texas Legislature repealed this law and replaced it with the Uniform Municipal Courts of Record Act (Section 30.00001 of the Texas Government Code), which now governs all Texas Municipal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 Alan Wayland has served as the Municipal Court Judge since the retirement of David Florence on April 30, 2015 and he meets the qualifications for judge as required in Section 30.01014 GC. 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 the reappointment of Judge Alan Wayland as the City's Municipal Judge for another two-year term expiring in 2019. 4 ORDINANCE NO. 2017-025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, REAPPOINTING JUDGE ALAN WAYLAND AS THE MUNICIPAL COURT JUDGE FOR A TWO (2) YEAR TERM; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Alan Wayland has admirably served the City of Grapevine as its Municipal Court Judge for his first term in office; and WHEREAS, Alan Wayland meets all the requirements to serve as the Municipal Court Judge; and WHEREAS, the City of Grapevine City Council wishes to reappoint Alan Wayland as the Municipal Court Judge for an additional two (2) year term, commencing at the end of his current term; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City Council of the City of Grapevine, Texas, hereby reappoints Judge Alan Wayland to serve an additional two (2) year term as Municipal Court Judge. The City Council also approves a two (2) year extension of the Contract for Municipal Judge Service with Judge Alan Wayland. 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 be in effect from and after its passing. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on the 16th day of May, 2017. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney I 4 Ordinance No. 2016-025 2