ORD 2006-49TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - 49
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY
REPEALING SECTION 1.05 ENTITLED "APPOINTMENT OF CLERK" OF
ARTICLE I ENTITLED "MUNICIPAL COURT OF RECORD NO. 1" OF
CHAPTER 7 ENTITLED "MUNICIPAL COURT" PROVIDING FOR COUNCIL
APPOINTMENT OF A MUNICIPAL COURT CLERK AND BY REPEALING
SECTION 2.01 ENTITLED "APPOINTMENTS" OF ARTICLE 11, ENTITLED
"PRESIDING JUDGE" OF CHAPTER 7 ENTITLED "MUNICIPAL COURT"
PROVIDING FOR THE APPOINTMENT OF A PRESIDING AND ALTERNATE
MUNICIPAL COURT JUDGES WITH TERMS EXPIRING ON JANUARY 3, 2007
BY ADOPTING A NEW ARTICLE 1, SECTION 1.05 OF CHAPTER 7
ENTITLED "APPOINTMENT OF CLERK" AUTHORIZING TOWN MANAGER
APPOINTMENT OF ALL COURT PERSONNEL OTHER THAN JUDGES AND
BY ADOPTING A NEW ARTICLE 11, SECTION 2.01 OF CHAPTER 7
ENTITLED "APPOINTMENTS" APPOINTING A PRESIDING MUNICIPAL
COURT JUDGE AND ALTERNATE JUDGES, IN ACCORDANCE WITH THE
TOWN'S CHARTER AND CODE OF ORDINANCES FOR A TWO YEAR TERM
TO COMMENCE UPON THE EXPIRATION OF THE CURRENT TERM ON
JANUARY 3, 2007 AND TO EXPIRE ON JANUARY 3, 2009; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town's Home Rule Charter provides for Council appointment of
Municipal Court Judges and further specifies that the Council shall by ordinance provide for the
appointment of a Clerk of the Town of Trophy Club Municipal Court of Record and such Deputy
Clerks as Council determines appropriate; and
WHEREAS, Currently, Chapter 7, Article I, Section 1.05 of the Code of Ordinances of the
Town sets forth provisions relating to the appointment of Municipal Court personnel by Council;
and
WHEREAS, Chapter 7, Article 11, Section 2.01 of the Code of Ordinances appoints
certain individuals to serve in the capacity of Judge, Alternate Judge, Court Administrator, Court
Administrator and Court Clerk with terms of office expiring on January 3, 2007; and
WHEREAS, Council determines it necessary and appropriate to revise Section 1.05
entitled "Appointment of Clerk" of Article I entitled "Municipal Court of Record No. 1" of Chapter 7
entitled "Municipal Court" in order to be consistent with the Charter by revising Section 1.05 to
provide for the appointment of a Clerk and Deputy Clerk rather than appointing such Clerk and
Deputy Clerks; and
WHEREAS, Council determines it necessary and appropriate to revise Section 2.01
Entitled "Appointments' of Article II entitled "Presiding Judge" of Chapter 7 entitled "Municipal
Court' by extending the current term and appointing a Presiding Judge and Associate Judges for
a term of two (2) years with such terms to expire on January 3, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Chapter 7, Article I, Section 1.05. Section 1.05 entitled "Appointment of Clerk" of
Article I entitled "Municipal Court of Record No. 1" of Chapter 7 entitled "Municipal Court" is
hereby amended to be and read as follows in its entirety:
"The Town Council hereby provides for the appointment of a Municipal Court
Clerk for the Trophy Club Municipal Court of Record No. 1, who shall be an
employee of the Town, subject to the supervision of the Presiding Judge. Further,
the Town Council hereby provides for the appointment of such Deputy Clerks as
the Council shall determine appropriate. All Court personnel, excluding the
Presiding Judge and Alternate Judges, shall be appointed by the Town Manager
and shall be either at -will or contract employees of the Town. Except as
specifically provided herein, the Municipal Court Clerk and all other Court
personnel shall be subject to the supervision, direction and control of the
Presiding Judge. The Municipal Court Clerk shall report to the Town Finance
Director for administrative purposes such as employee benefits and the
scheduling of leave. Upon the direction of the Finance Director and Presiding
Judge, acting through the Town's Human Resources Department, the Clerk may
hire, direct, supervise or remove the personnel authorized in the Town's Annual
budget. The Municipal Court Clerk shall appoint a Court Reporter. The
Municipal Court Clerk shall perform all tasks required for the performance of
his/her duties, including but not limited to those duties required by Chapter 30 of
the Texas Government Code, as amended, and all other applicable laws."
2.02 Chapter 7, Article II, Section 2.01. Section 2.01 entitled "Appointments" of Article II
entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court' is hereby amended to be and
read as follows in its entirety:
"The Town Council hereby appoints the following individuals to the Trophy Club
Municipal Court of Record No. 1 to serve in the capacity as set forth below:
Presiding Judge Mark D. Chambers, Jr.
Alternate Judge Warren A. Bradley
Alternate Judge Eric G. Ranslaben
The appointments set forth herein are made subject to and are governed by the
provisions of this Code of Ordinances establishing and regulating the Trophy
Club Municipal Court of Record No. 1, the Texas Government Code, as
amended, and all other applicable state law. The terms of office for the
Presiding Judge and Alternate Judges shall be for a period of two (2) years, and
shall run for the remainder of their current term of office, which expires on
January 3, 2007, through January 3, 2009."
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
appointment of Municipal Court personnel and Judges and shall not repeal any of the provisions
of such Ordinances except as specifically provided herein and in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether
such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance,
shall remain in full force and effect. Notwithstanding the foregoing, Section 1.05 of Article I of
Chapter 7 of the Code of Ordinances of the Town of Trophy Club and Section 2.01 of Article 11 of
Chapter 7 of the Code of Ordinances of the Town of Trophy Club are hereby repealed in their
entirety and new Sections 1.05 and 2.01 are hereby adopted.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to 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 the
Ordinance, and the Town Council hereby declares it would have passed such remaining of the
Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
the 1 Soh day of December, 2006.
&9Y
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secreta'ry
Town of Trophy Club, Texas
[SEAL]
A OVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas