HomeMy WebLinkAboutItem 11 - Municipal Court JudgeMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JUNE 18, 2019
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, 2019.
FUNDING SOURCE: Funds are currently available in the FY 2019 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Legislature repealed this law and replaced it with the Uniform Municipal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.
ORDINANCE NO. 2019-032
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, the City of Grapevine City Council wishes to reappoint the current
Municipal Court Judge, the Honorable Alan Wayland, for an additional two (2) year term,
commencing on May 1, 2019; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and Chapter
211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
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 City Council of the City of Grapevine hereby reappoints
Judge Alan Wayland to serve a two (2) year term as Municipal Court Judge commencing
on the first day of May, 2019.
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 18th day of June, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2019-032 2