HomeMy WebLinkAbout2234 11-12-2019 ORDINANCE NO 2234
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, APPOINTING THE
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, 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, and
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, the City Council has determined that there is no conflict between the
office of 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 municipal judge of the City of Euless is of benefit
to the State of Texas and to the City of Euless.
SECTION 2
Lacy Britten is hereby reappointed as municipal judge of the Euless Municipal
Court of Record for a two-year term to expire December 31 , 2021. At the expiration of
said term, in accordance with Article 16, Section 17 of the Texas Constitution, Judge
Britten shall continue to serve until her successor shall be duly qualified The City Council
shall have the authority to remove the municipal judge as provided by City Charter
SECTION 3.
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repealed.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.
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 November 12, 2019, by a vote of 7 ayes,
0 nays, and 0 abstentions.
APPROVED:
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L da Martin, Mayor
ATTEST:
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Kim'Sutter, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
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Wayne K Olson, City Attorney
Ordinance No. 2234, Page 2 of 2