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Home My WebLink AboutORD 1997-142 „,�, ORDINANCE NO. 97-142 �,,, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE AMENDING ORDINANCE NO. 97-112 RELATIVE TO THE FISCAL YEAR 1997-98 BUDGET; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the number of citations issued and the number of arrests made within the City of Grapevine, Texas (City) and the Dallas/Fort Worth International Airport are increasing dramatically; and WHEREAS, the City is experiencing increasing demand for formal court sessions, jury trials and arraignments; and WHEREAS, it is increasingly apparent that the services of a full-time Municipal Court Judge is required for the proper administration and operation of the Grapevine Municipal Court; and �* WHEREAS, it is necessary to authorize that the part-time Municipal Court Judge position contained in the Fiscal Year 1997-98 (FY 98) Budget be designated full-time and �, funds necessary to pay for said full-time position be appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all the above premises are true and correct and are hereby incorporated into this ordinance as if copied in their entirety. Section 2. That the part-time position of the Municipal Court Judge for the City of Grapevine be designated a full-time position. Section 3. That the salary for such position be designated at $65,000 for FY 98 plus appropriate benefits as per the employment agreement attached hereto as Exhibit "A”. Section 4. That the City Manager be and is hereby authorized to make the appropriate change to the budget reflecting the changes noted above and is authorized to +�^ execute the employment agreement attached hereto as exhibit "A." Section 5. A true copy of this ordinance amending the Fiscal Year 1997-98 "�"" budget shall be filed with the City Secretary. ,� Section 6. 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 required that this ordinance w�» 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 16th day of December � 1997 APPROVED: William D. Tate Mayor ATTEST: � �. � Linda Huff City Secretary ATTEST AS TO FORM: �j , �.e�',,� ,,:, i_. Matthew Boyle City Attorney � �� ORD. NO. 97-142 2 STATE OF TEXAS COUNTY OF TARRANT � EXHl81T� TO � Page _.L� of _______ EMPLOYMENT AGREEMENT For and in consideration of the mutual terms,conditions and covenants as contained herein,the following agreement is entered into by and between David Florence, hereafter referred to as"Florence"and the City of Grapevine,Texas, hereafter referred to as°City". I. Florence shall be employed as the Judge of the City's Municipal Court by performing the duties as prescribed by law,City Charter,and Ciiy Ordinance for so long as he shall be the duly elected Municipal Cou�t Judge of the City. II. In consideration for such services, Florence shall receive and be subject to the following: 1. The annual salary shall be$65,000 payable in biweekly increments as per the normal schedule of City employees. Increases in salary,if any,shall be approved by the City Council along with the normal City Budget approval process. Such increases shall be recommended by the City Manager and based upon "'�"' the average merit increase paid to non public safety personnel. � Benefits received by the Municipal Court Judge shall be as per all other City employees in effect when this contract is approved and as may be changed from time to time by the City Council. Vacation,sick- leave and any other accrual shall begin as of the effective date of this contract. 2. Section 806 of the City's Personnel Manual -Political Activity-shall not pertain to the Municipal Court Judge,since the position is an elected position, except as follows: a. Florence may not use his City position for or against any candidate for public office, except the Municipal Judge position. b. Florence may not circulate petitions or campaign literature for his elected office in City facilities or while acting in his official capacity as Municipal Judge nor in any way solicit the support of Ciry employees while on duty. c. Florence may not seek or hold an appointed or elective office of public trust in any other office or jurisdiction where such senrice would constitute a direct conflict of interest with this position with the City. Provided,however, Florence may continue his private law practice and alternate judge duties for other jurisdictions to the extent same does not intertere with his duties as Municipal Court Judge. d. While not on active duty or serving in his o�cial capac'ity, Florence may conduct normal election campaign activ�ies as govemed by Senate Bill 280 and other applicable state law and restrictions � contained herein. 3. Should Florence not be�eelected,become ineligible for the office of Municipal Court Judge or otherwise resign from the office of Municipal Court Judge,this contract shall immediately be null and void and the �rwr City will pay accrued vacation and other benefits as if Florence had merely tendered a resignation. ��n�oi� ' ' TO �" - Page of �.,_ 4. Because Florence's employment with the City is solely contingent upon being the duly elected Municipal Court Judge, Florence shall not be en6tled to the City's personnel rules and regulations governing employee disapline or termination or the procedures thereunder. Further,Florence shall not have any right to assert claims for wrongful termination, due process violations, claims related to Fair Labor Standards Act,other than those stated in this Employment Agreement. w�r 5. This Employment Agreement shall remain in effect so long as Florence shall be the duly elected and functioning Municipal Cou�t Judge of the City. This Employment/�qreement shall automatically terminate should Florence not be reelected,become ineligible for the office of Municipal Court Judge,or othervvise resign from the office of Municipal Court Judge. III. This Agreement represents the entire understanding of the parties and any change, alte�ation or modification of this Agreement shall be effective only in writing. Venue for this Agreement shall be in Tarrant County,Texas. EXECUTED this �� day of ��7'ItiQ� , 1997 DAV FLORENCE C,�_TY OF GRAP V E S � � � n.�� ployee City Ma a er �+ H:contract.mcj YWwa+r APPROVED BY COUNCIL ia -�� - 97 � �