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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 1 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 � ' 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 Ma 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 F, 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 3 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 JUPROTEM.adm 4