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HomeMy WebLinkAboutORD5871 ORDINANCE NO.587 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 5 MAGISTRATE COURT,ARTICLE 5-2 PRESIDING OFFICER,SECTION 5-2-2 ASSISTANT MAGISTRATE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 5 MAGISTRATE COURT,Article 5-2 PRESIDING OFFICER,Section 5-2-2 Assistant Magistrate,i s hereby amended to read as follows: Sec.5-2-2 Assistant Magistrate and Magistrate Pro -Tern A.In the absence of the magistrate,the presiding officer of the magistrate court shall be the assistant city magistrate.The assistant city magistrate shall be appointed by the council for a term of two years commencing on May 1st of every even- numbered year and ending on April 30th of every even -numbered year,unless sooner removed for misfeasance,malfeasance or nonfeasance of office. B.In the absence of the magistrate and the assistant city magistrate,or in those instances where the magistrate and assistant city magistrate have both been disqualified by action of the prosecution,defendant,and/or recusation on the part of the magistrate and assistant magistrate,then the presiding officer of the magistrate court shall secure the services of a duly elected or appointed State of Arizona justice of the peace or city magistrate to act as a magistrate pro -tern to provide such judicial services as are required by a particular case or cases. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO.587 PAGE ONE OF TWO SECTION IV EMERGENCY CLAUSE I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 29TH DAY OF JULY ,1987. SIGNED AND ATTESTED TO THIS 29TH DAY OF JULY ' Z e e NURMAN S.HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM:/ A CityNAttorney ORDINANCE NO.587 PAGE TWO OF TWO ,1987.