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HomeMy WebLinkAboutOrdinance No. 322 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE PROVIDING THAT THERE SHALL BE ONE OR MORE TEMPORARY OR RELIEF JUDGES OF THE MUNICIPAL COURT OF THE CITY OF THE COLONY, TEXAS; PROVIDING THAT THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS SHALL APPOINT BY RESOLUTION SUCH TEMPORARY OR RELIEF JUDGES; PROVIDING THAT ALL TEMPORARY OR RELIEF JUDGES SHALL POSSESS THE SAME QUALIFICATIONS REQUIRED OF THE REGULAR JUDGE OF THE MUNICIPAL COURT; PROVIDING THAT ANY TEMPORARY OR RELIEF JUDGE OF THE MUNICIPAL COURT SHALL HAVE ALL THE POWER AND DUTIES OF THE REGULAR MUNICIPAL COURT JUDGE WHILE ACTING AS MUNICIPAL JUDGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, the City of The Colony, Texas (the "City"), as a Home Rule City pursuant to Tex. Rev. Civ. Stat. Ann. art. 1165 et seq (Vernon 1963) and its Home Rule Charter, is authorized pursuant to Tex. Rev. Civ. Stat. Ann. art. 1200e (Vernon Supp. 1985) to provide by ordinance for the appointment of one or more temporary or relief judges to sit for the regular judge of the City's municipal court. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the matters contained in the above and foregoing preamble are incorporated herein as if copied herein in their entirety. Section 2. That there shall be one or more temporary or relief judges of the City of The Colony, Texas (the "City") municipal court, such judges to be appointed by resolution of the City Council. Section 3. All temporary or relief judges of the City's municipal court appointed by the City Council shall possess the same qualifications required of the regular municipal court judge. Section 4. Any temporary or relief judge appointed by the City Council shall have all the powers and duties of the regular municipal court judge while acting as municipal judge. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereto any person or circumstance 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 this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED this ,~- day of ~_L~,~f~ , 1985. ~ ,~/f ~f-'T~e C,~ny, Texas -- ATTEST: Cit~/Seeretar~ [SEAL] APPROVED AS TO FORM: -2-