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. "
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Section 2 . Chapter 8 of the Code of Ordinances of the City
of Grapevine, Texas, is hereby amended by amending Section 8-2 , in
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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.
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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
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