HomeMy WebLinkAbout2139 10-11-2016 ORDINANCE NO. 2139
AN ORDINANCE OF THE CITY OF EULESS, TEXAS APPOINTING THE
ASSOCIATE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE
CITY OF EULESS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Local Government Code; and
WHEREAS, the City Council has created a municipal court of record pursuant to
Chapter 30 of the Texas Government Code; and
WHEREAS, Chapter 30, Subchapter A, Section 30.00006, of the Texas
Government Code relating to municipal courts of record provides that the governing body
shall by ordinance appoint its municipal judges; and
WHEREAS, pursuant to Ordinance No. 1384, the City Council shall have the right
and authority to name judges and/or associate judges to preside over the judicial
functions for the Euless Municipal Court of Record.
WHEREAS, Section 574.001 , Texas Government Code requires that a finding be
made by the governing body to the effect that a person who serves as an officer in more
than one appointed position has satisfied Article XVI, Section 40, of the Texas
Constitution; and
WHEREAS, there is no conflict between the office of associate municipal judge of
the City of Euless and the office of municipal judge or associate municipal judge in any
other municipality in the State of Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
It is hereby found that the office of associate municipal judge of the City of Euless
is of benefit to the State of Texas and to the City of Euless.
SECTION 2.
Terri Pearce is hereby appointed as associate municipal judge of the Euless
Municipal Court of Record for a one-year term to expire September 30, 2017. At the
expiration of said term, in accordance with Article 16, Section 17 of the Texas
Constitution, Judge Pearce shall continue to serve until her successor shall be duly
qualified. The City Council shall have the authority to remove the associate municipal
judge as provided by City Charter.
SECTION 3.
CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of
ordinances and of the Code of Ordinances of the City of Euless, Texas, as amended,
except where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event the conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 4.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the phrases, clauses, sentences, paragraphs, and sections of this 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 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 unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on October 11, 2016, by a vote of 6 ayes,
o nays, and o abstentions.
APPROVED: ATTEST:
Lin M in, Mayor K m utter, TRMC, City Secretary
APPROVED AS TO FORM:
Wayne K. Olson, City Attorney
Ordinance No.2139,Page 2 of 2