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repealed this law and replaced it with the Uniform Municipal Courts of Record Act (Section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:
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ORD. NO. 2