HomeMy WebLinkAbout1384 09-28-1999ORDINANCE NO. _1384
AN ORDINANCE AMENDING, DIVISION 2, "MUNICIPAL COURT" OF
ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TEXAS, TO PROVIDE THE TERM OF APPOINTMENT
FOR JUDGES OF THE EULESS MUNICIPAL COURT OF RECORD AND
FOR THE APPOINTMENT OF A PRESIDING JUDGE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has established a specific term of office for municipal
judges of municipal courts of record and has also authorized the appointment of a Presiding Judge
of a municipal court of record; and
WHEREAS, such legislation requires a municipality to establish by ordinance the term of
such judges and the procedure for appointment thereof; and
WHEREAS, the Euless City Council desires to amend its code ofordinances to comply with
such recent legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
1.
That Section 2.136 entitled " Authorization of additional municipal courts and judges by
Council." Division 2, "Municipal Court' of Article III of Chapter 2 ofthe Code of Ordinances, City
of Euless, Texas is hereby amended to hereafter be and read as follows:
SECTION 2.136 AUTHORIZATION OF ADDITIONAL MUNICIPAL COURTS AND
JUDGES BY COUNCIL.
(a) The city council shall have the right and authority, from time to time, by appropriate
resolution, to establish additional municipal courts of record or separate divisions of
a court of record which courts or divisions, when so established, shall be courts of
record or divisions of a court of record of full stature and equal dignity with the
present and existing Euless Municipal Court of Record.
(b) The City Council shall, by appropriate resolution, have the authority, from time to
time, to name a presiding judge orjudges and /or associate judges to preside over and
perform the judicial functions for each of the municipal courts of record or divisions
thereof.
(c) Each of the presiding judges, judges and/or associate judges shall serve for a term of
two (2) years and may be removed as provided by the constitution and laws of the
ORDINANCE NO. 1384 PAGE 1
state of Texas as same now exist or may be hereafter amended or by appropriate
provisions of the Euless City Charter. Should vacancies occur during the term of a
presiding judge, judge or associate judge same shall be filled by resolution
appointing a qualified person to fill such office for the remainder of the unexpired
term.
(d) The presiding judges, municipal judges and associatejudges of the municipal court
shall be compensated in an amount and manner as such compensation may from time
to time be prescribed by the City Council.
(e) Each of the presiding judges, judges and associate judges shall have full authority
and concurrent j urisdiction to preside in any of the courts or divisions thereof of the
Euless Municipal Courts of Record and at any time and from time to time in the
absence of the other. Each of such presiding judges, judges and/or associate judges
shall be of equal statute and dignity with concurrent jurisdiction, one with the other,
each with full right, power and authority to perform each and every judicial function
authorized to the Euless Municipal Courts of Record or divisions thereof under the
ordinances of the city, and the statutes, constitution and laws of the state of Texas,
provided, however, that a presiding judge shall have the authority and be responsible
for the assignment of judges and /or associate judges in the performance and
scheduling of functions and duties of the Euless Municipal Courts of Record and/or
divisions thereof.
II.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
Saving Clause. That Article III of the Code of Ordinances of the City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Euless City Charter and the laws of the State of Texas.
ORDINANCE NO. 1384 PAGE 2
PRESENTED AND GIVEN FIRST READING AND FINAL READING at a regular
meeting of the Euless City Council on the 28thday of September , 1998; by a vote of 7
ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib eh, Mayor
A I!'ES"I
Susan Crim, C C, City Secretary
APPROVED A.$ FO
Bob McFarland, City Attorney
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ORDINANCE NO. 1384 PAGE 3