HomeMy WebLinkAboutOrdinance 19441-11-2010 ORDINANCE NO. 19441-11-2010
AN ORDINANCE APPOINTING BENITA FALLS HARPER
AS MUNICIPAL JUDGE FOR THE UNEXPIRED
PORTION OF A TWO-YEAR TERM, COMMENCING
DECEMBER 6, 2010 AND ENDING MARCH 31, 2012, OR
UNTIL A SUCCESSOR IS QUALIFIED AND APPOINTED
IN ACCORDANCE WITH STATE LAW; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Benita Falls Harper be appointed as Municipal Judge for the unexpired portion of a
two-year term, commencing December 6, 2010 and ending March 31, 2012, or until a successor
is qualified and appointed in accordance with state law.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where provisions of this ordinance are in
direct conflict with the provisions of such ordinances and Code, in which event such conflicting
provisions of such ordinances and Code are hereby repealed.
SECTION 3.
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 void, ineffective or
unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such
ineffectiveness 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 herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
<�-�W ( ""t ,/,
Denis Mc oy, As 6 ant City Attorney
DATE:
ADOPTED: November 16, 2010
EFFECTIVE: November 16, 2010
2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL
ACTEC�N.' APPr± v d can 11116/20 io . or+r ; Nab 1s t-11 2f t
DATE: Tuesday, November 16, 2010 REFERENCE NO.: G-17120
LOG NAME: 38JUDGEAPPOINT10
SUBJECT:
Adopt an Ordinance Appointing Benita Falls Harper as a Municipal Judge for the Unexpired Portion of a
Two-Year Term Commencing December 6, 2010 and Ending March 31, 2012
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance appointing Benita Falls Harper as a
Municipal Judge for the unexpired portion of a two-year term commencing December 6, 2010 and ending
March 31, 2012, or until a successor is qualified and appointed in accordance with state law.
DISCUSSION:
Section 30.00006(b) of the Texas Government Code under the Uniform Municipal Courts of Record Act
requires the governing body of a municipality to appoint its Municipal Judges by ordinance.
Adoption of the attached ordinance would appoint Benita Falls Harper as a Municipal Judge to fill a
vacancy pursuant to Sections 30.00006(b) and 30.00008(a) of the Texas Government Code.
On October 19, 2010, the Ad Hoc Municipal Court Advisory Committee voted to recommend to the City
Council the above listed person for appointment as a Municipal Judge for the unexpired portion of a two-
year term commencing December 6, 2010 and ending March 31, 2012.
The Committee further recommended that the salary for the new judge be set at $41.77 per hour for a six
month period, then increase to $43.97 per hour after completion of the judge's probationary period.
However, because the new judge is already serving as a City of Fort Worth employee and general City
policy would dictate that a person not be required to take a reduction in salary upon accepting a new
position, staff recommends, that the salary for the new judge be set at $42.07 per hour for a six month
period, and then increase to $43.97 per hour, upon completion of the judge's probationary period. Total
estimated salary for this position for the remainder of Fiscal Year 2011 is $72,922.10.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 511010 0382000 $72.922.10
CERTIFICATIONS:
Logname: 38JUDGEAPPOINTIO Page 1 of 2
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: Ninfa Mares (6715)
Logname: 38JUDGEAPPOINTIO Page 2 of 2