HomeMy WebLinkAbout3146ORDINANCE NO. 3/ q
AN ORDINANCE of the City of
Kent, Washington, amending Section
2.34.080 of the Kent City Code, as
enacted in Section 1 of City of Kent
Ordinance No. 3125, relating to the
appointment of pro tem judges and
declaring an emergency therefor.
WHEREAS, on June 15, 1993, the City Council of the City
of Kent, Washington, passed its Ordinance No. 3125, which
established a Municipal Court for the City of Kent; and
WHEREAS, Section 1 of Ordinance No. 3125, which added a
new Section 2.34.080 to the Kent City Code, provided for the
appointment of judges pro tem by the person then holding the
position of Municipal Judge; and
WHEREAS, Section 3.50.090 of the Revised Code of
Washington provides that the Mayor, and not the Municipal Judge,
shall appoint judges pro tem; and
WHEREAS, a conflict exists between the state enabling
legislation and the City Code pertaining to the appointment of
judges pro tem; and
WHEREAS, as mandated by KCC Section 2.34.010, the
effective date for the establishment of the Kent Municipal Court is
January 1, 1994; and
WHEREAS, it is necessary for the immediate preservation
of the public peace and safety, as well as for the support of City
government and the institution of the Kent Municipal Court, that
KCC Section 2.34.080 be amended to conform to existing state law
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prior to the effective date for the establishment of the Kent
Municipal Court; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals Incorporated._ The foregoing
recitals are by this reference incorporated herein and made a part
hereof.
Section 2. Amendment. Section 2.34.080 of the Kent City
Code, as enacted in Section 1 of Ordinance No. 3125, is hereby
amended as follows:
2.34.080. Jud es Pro Tem - Court Commissioners.
A. The "_"' .. 7 �� T••-� ^ Mayor shall, in writing, appoint
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judges pro tem who shall act in the absence or disability of the
regular judge of the Municipal Court or subsequent to the filing of
an affidavit of prejudice. The judge pro tem shall be qualified to
hold the position of judge of the Municipal Court as provided
herein. The judge pro tem shall receive such compensation as is
received, on an hourly basis, by the Municipal Judge, or as
otherwise fixed by resolution or ordinance. The term of the
appointment shall be specified in writing but in any event shall
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not extend beyond the term of the appointing --Yor—'
B. The Municipal Judge may appoint one or more
municipal court commissioners, who shall hold office du -r g and
,R r � T.,a�.. Court. Each municipal
serve at the pleasure of the ti
court commissioner shall have such power, authority and
jurisdiction in civil and criminal matters as the Municipal Judge
shall prescribe by court order.
Section 3. Statement of Urgency. Because the City of
Kent has elected to exercise the powers of initiative and
referendum, this ordinance would not typically become effective
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until thirty days from the time of final passage, which effective
date would occur after the effective date of the opening of the
Kent Municipal Court; therefore, it is urgently needed to make this
ordinance effective prior to the effective date of the opening of
the Kent Municipal Court.
Section 3. Emeraency Declared. A public emergency is
declared because enactment of this Ordinance to bring Section
2.34.080 of the Kent City Code into conformity with Section
3.50.090 of the Revised Code of Washington prior to the effective
or the immediate
date of the Kent Municipal Court is necessary f
preservation of the public peace and safety and for the support of
City government and the institution of the Kent Municipal Court.
Section 4. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section
lication
or portion of this ordinance, or the invalidity of the app
thereof to any person or circumstances shall not affect the
validity of the remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Section 5. Effective Date. This ordinance shall take
effect and be in force immediately upon passage by a unanimous vote
of the City Council.
MAYOR 7r-564�
ATTEST:
c-- z-'
BRENDA JACOBER, C Y CLERK
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APPROVED AS TO FORM:
RO A. BOVICH, CITY A
PASSED the
APPROVED the
day of
day of ��=�
�-� C���v -r 19cZ3'
�, 19!L
PUBLISHED the
day of /l
, 19?2 '
I hereby certify that this is a true and correct copy of
Ordinance No. �, passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated. D
BRENDA JACO R, CITY CLERK
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