HomeMy WebLinkAboutItem 19 - Municipal Judge CC ITEM #19
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGERV_
MEETING DATE: APRIL 16, 2013
SUBJECT: APPOINTMENT OF MUNICIPAL JUDGE
RECOMMENDATION:
City Council to consider an ordinance reappointing Judge David Florence as the City's
Municipal Judge for a two-year term to expire May 3, 2015.
FUNDING SOURCE:
Funds are currently available in the F`( 2 1 udget.
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.
on 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repealed this law and replaced it with the Uniform Municipal Courts of Record Act(Section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), is now governs all Texas Municipal Courts
of Record. Under this new law, is supercedes any it 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,
and reappointed by ordinance on April 19, 2005 for another four-year term. Judge
Florence was reappointed by ordinance for an additional two-year term on May 5, 2009
and reappointment by ordinance on May 3, 2011 for another two-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 t e a pproval of the fiscal year budget.
Staff recommends the reappointment of Judge David Florence as the City's Municipal
Judge for another two-year term.
April 11,2013(1:14P M)
CC ITEM #19
ORDINANCE NO. AW
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, REAPPOINTING THE MUNICIPAL
COURT JUDGE FOR AN ADDITIONAL TWO (2) 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 two (2) year term,
commencing on May 3, 2013.
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 oft City of Grapevine, Texas, hereby
reappoints the current Municipal Court Judge, the Honorable David Florence, to serve
an additional two (2) year term, commencing on the 3rd day of May, 2013.
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. It is hereby declared to be the intention of the City Council of the
City of Grapevine, tats ctions, paragraphs, clauses and phrases o f t his 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 o f t his ordinance since
the same would have been enacted by the City Council oft 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 effect from and after its passing.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on the 1 6th day of April, 2013.
CC ITEM #19
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APPROVED AS TO FORM:
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