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HomeMy WebLinkAboutORD 1991-065 „� .,. ORDINANCE NO. 91-65 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, �+ AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS, RELATING TO COURTS AND CRIMINAL PROCEDURE BY AMENDING SECTION 8-1 AND SECTION 8-2 RELATING TO THE ESTABLISHMENT OF THE MUNICIPAL COURT IN GRAPEVINE AS A MUNICIPAL COURT OF RECORD; DETERMINING THE METHOD OF SELECTION OF THE MUNICIPAL JUDGE; QUALIFICATIONS OF THE MUNICIPAL JUDGE; APPOINTMENT OF THE MUNICIPAL COURT CLERK; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council hereby determines that the formation of a Municipal Court of Record is necessary to provide a more efficient disposition of cases arising in the City, and that one Municipal Court of Record is necessary at this time; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY �.�, OF GRAPEVINE, TEXAS: Section 1. Chapter 8 of the Code of Ordinances of the City � of Grapevine, Texas, is hereby amended by amending Section 8-1, in its entirety, to read as follows: "Sec. 8-1 Municipal Court of Record Established; powers; duties; jurisdiction. The Municipal Court in the City of Grapevine, Texas, is hereby established as a Municipal Court of Record and designated the "Municipal Court of Record No. 1”, in order to provide a more efficient disposition of cases arising in the City. This Municipal Court of Record is established pursuant to House Bill 828 of the 72nd Legislature, and the terms set forth therein are hereby adopted governing the operation of said court. The Municipal Court of the City of Grapevine shall become a Court of Record from and after the lst day of December, 1991. " ��� Section 2 . Chapter 8 of the Code of Ordinances of the City of Grapevine, Texas, is hereby amended by amending Section 8-2 , in � its entirety to read as follows: "Sec. 8-2 Judge, Alternate Judge and �� Court Administrator (a) The Municipal Judge shall be elected by � the qualified voters of the City. The City Council hereby calls an election to elect the Municipal Judge, which election shall be held on the first succeeding uniform election date for which sufficient time elapses for the holding of an election after the passage of this ordinance. The candidate who shall receive the majority of the total number of votes cast in such election shall be declared elected. (b) The Municipal Judge must be a licensed attorney in good standing in this state and must have two (2) or more years of experience in the practice of law in this state. The judge must be a citizen of the United States and of this state. The judge must maintain residence in the City of Grapevine during the term of of f ice and must be a resident of the City at the time of the election. The judge shall �nM devote as much time to the office as it requires. The initial term of office of � the municipal judge shall be for three ' (3) years and five (5) months, with all subsequent terms being three (3) years. (c) The City Council shall appoint one (1) or more qualified persons as alternate judge to serve during any temporary absence of the municipal judge. An alternate judge must have the same qualifications as the municipal judge, except that an alternate judge may, but need not be, a resident of the City. (d) The City Council shall set the salary of the municipal judge, the amount of which may not be diminished during the judge's term of office. (e) The City Manager shall appoint a Court Administrator who shall be the Clerk of the Municipal Court of Record. The Clerk �,n,y of the Municipal Court of Record shall appoint an official Court Reporter. Proceedings may be recorded by a good quality electronic recording device. If � such recording device is used, the court reporter need not be present at the trial '�� to certify the statement of facts. The proceedings that are appealed shall be transcribed from the recording by the � court reporter. " Section 3 . This Ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting municipal courts and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances 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 inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public. � Section 6. The effective date of this ordinance shall be the 3rd day of September , 1991. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 3rd day of September , 1991. APPROVED: William D. Tate Mayor ATTEST: �� L Huff � City Secretary "�4 � APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney ,�_�, � ��� �