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HomeMy WebLinkAbout07584 ORD - 05/26/1965IMS:JKH:5/19 /65 AN ORDINANCE PROVIDING FOR THE EXISTENCE OF TWO CORPORATION COURTS; PROVIDING FOR THE APPOINTMENT OF JUDGES AND SUBSTITUTE JUDGES; PROVIDING REGULATIONS AND RULES CONCERNING SAID CORPORATION COURTS AND RELATED MATTERS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE ARE HEREBY CREATED FOR AND WITHIN THE CITY OF CORPUS CHRISTI TWO (2) CORPORATION COURTS FOR THE TRIAL OF MISDEMEANOR OFFENSES ARISING WITHIN THE TERRITORIAL LIMITS NOW OR HEREAFTER ESTABLISHED FOR SUCH CITY AND FOR THE TRIAL OF SUCH OTHER OFFENSES THAT MAY BE PROVIDED OR PERMITTED BY LAW. SUCH COURTS SHALL BE DESIGNATED AND KNOWN AS "CORPORATION COURT" AND °CORPORATION COURT NO. 2", RESPECTIVELY. SECTION `L. THE CORPORATION COURTS SHALL BE PROVIDED WITH A SEAL WHICH CONTAINS THE WORDS "CORPORATION COURT IN CORPUS CHRISTI, TEXAS". THE SEAL NOW IN EXISTENCE AND USED BY THE CORPORATION COURT SHALL BE . CONTINUED TO BE USED UNTIL CHANGED BY ORDER OF THE MAYOR. SECTION 3. EACH OF SUCH COURTS SHALL HAVE AND EXERCISE CONCURRENT JURISDICTION WITHIN THE CITY LIMITS OF THE CITY AND SUCH TERRITORY OUTSIDE OF THE CITY AS IS AUTHORIZED BY LAW. THE POWERS AND DUTIES OF EACH OF SUCH COURTS SHALL BE THOSE DEFINED AND DESIGNATED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER AND ORDINANCES OF THE CITY. SECTION 4. THERE ARE HEREBY CREATED TWO OFFICES OF JUDGE OR RECORDER: JUDGE OF CORPORATION COURT AND JUDGE OF CORPORATION COURT NO. 2, RESPECTIVELY. THE JUDGE OF CORPORATION COURT SHALL BE THE PRESIDING JUDGE. THE SALARY OF EACH JUDGE SHALL BE AS FIXED BY THE CITY COUNCIL. SECTION 5. THE FAILURE ON THE PART OF ANY JUDGE OR THE CLERK OF THE CORPORATION COURT OR ANY SUBSTITUTE JUDGE OF THE CORPORATION COURT TO COMPLY WITH THE PROVISIONS OF THE CITY CHARTER OR ANY ORDINANCES OF THE CITY PERTAINING TO THEIR POWERS AND DUTIES SHALL BE CAUSE FOR REMOVAL OF SUCH OFFICERS OR EITHER OF THEM BY THE CITY COUNCIL. 7584 SECTION 6. IT SHALL BE THE DUTY OF THE PRESIDING JUDGE TO DIRECT THE ASSIGNMENT AND TRIAL OF CASES AND ORDER ANY JUDGE TO EXCHANGE BENCHES AND PRESIDE IN ANY COURT. -THE SAME COURTROOM AND CORPORATION COURT FACILITIES MAY BE USED BY EACH OF SAID COURTS UNDER THE DIRECTION OF THE PRESIDING JUDGE. SUCH COURTS AND THE JUDGES THEREOF MAY TRANSFER CASES FROM ONE COURT TO ANOTHER AND ANY JUDGE OF ANY SUCH COURT MAY EXCHANGE BENCHES AND PRESIDE OVER ANY SUCH COURTS UNLESS OTHERWISE ORDERED BY THE PRESIDING JUDGE. SECTION 7. A SUBSTITUTE JUDGE OR JUDGES OF THE CORPORATION COURTS MAY FROM TIME TO TIME BE APPOINTED AS PROVIDED BY THE CITY CHARTER WITH THE CONFIRMATION OF THE CITY COUNCIL. THE SUBSTITUTE JUDGE OR JUDGES MAY SIT AS JUDGE IN EITHER OF SAID COURTS OR TRY CASES ON TRANSFER FROM .EITHER OF SUCH ,COURTS BUT SHALL ACT AS JUDGE OF EITHER OF SUCH COURTS ONLY WHEN THE REGULAR JUDGE THEREOF IS ABSENT OR UNABLE TO ACT FOR ANY REASON. THE SUBSTITUTE JUDGES SHALL EACH BE PAID ON A DAILY BASIS FOR EACH DAY'S DUTY WHICH IS PERFORMED BY HIM SITTING AS A JUDGE OF THE CORPORATION COURT AND HE SHALL BE ENTITLED FOR EACH DAY OF SERVICE TO BE PAID IN THE AMOUNT OF $40.00 A DAY. VOUCHERS SHALL BE ISSUED UPON CERTIFI- CATE OF THE PRESIDING JUDGE OR OF THE REGULAR JUDGE OF CORPORATION COURT N0. 2 CERTIFYING THAT SUCH SERVICES WERE NECESSARY ON ACCOUNT OF AUTHORIZED ABSENCE OR OTHER INABILITY TO PERFORM DUTY. SECTION b. THE RULES OF PROCEDURE AS PROVIDED BY STATE LAW AND SUCH ADDITIONAL LAWS NOT INCONSISTENT THEREWITH PROVIDED BY THE CITY COUNCIL SHALL GOVERN,THE PROCEDURE AND PRACTICE IN EACH OF SAID CORPORATION COURTS. EACH OF SAID COURTS SHALL HOLD NO TERMS AND SHALL BE AT ALL TIMES OPEN FOR TRANSACTION OF BUSINESS. THE RESPECTIVE JUDGES OF THE RESPECTIVE CORPORATION COURTS SHALL SET THE TIME FOR THE TRIAL OF CASES THEREIN. ALL CASES COMING BEFORE THE CORPORATION COURTS SHALL BE TRIED AND DISPOSED OF IN OPEN COURT. SECTION 9. ALL ORDINANCES AND PROVISIONS OF THE CITY CHARTER REFERRING TO CORPORATION COURT OR JUDGE PRESIDING THEREIN SHALL APPLY EQUALLY TO EACH OF SAID CORPORATION COURTS. -2- SECTION 10. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUB- DIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT,AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULA- TIONS RELATE. SECTION 11. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN + THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 12. THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE FROM AND AFTER ITS PASSAGE AND PUBLICATION. SECTION 13. THE NECESSITY TO EFFECT THE PROVISIONS HEREINABOVE PROVIDED TO ALLEVIATE THE CROWDED DOCKET AND WORKING CONDITIONS NOW EXISTING IN CORPORATION COURT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF,THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MAY, 1965- ATTEST: , (P MAYOR /L THE CITY OF CORPUS CHRISTI, TEXAS _ CITY SECRETARY T APPROVED AS TO LEGAL FORM THIS V/ L DAY OF MAY, 1965: r 1 71 ��1- , e, CITY ATTORNEY /f CORPUS CHRISTI, TEXAS t �{. DAY OF 4, 12 19 ,3.E TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT a SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, AgY MAYOR "J THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN = JACK BLACKMON PATRICK J. DUNNE . DR. P. JIMENEZ, JR. r KEN MCDANIEL .j RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: i DR. MCIVER FURMAN -- - -T-Li JACK BLACKMON i PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE�. WM. H. WALLACE / -: nsk l .. FOk .-�`... PUBLISHER'S AFFIDAVIT t . „9Sf ,g STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ... ............................... Leland G. Barnes who being first duly sworn, according to law, says that he is the .........................° Classif -f ed.Advertiaing-_Ma EAR..•. of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGAL-- Noti............................... of Passage of an U rdinanae No 7-- Proviing for existence of _ g. 5 2 oorp. courts--- - of which the annex a true copy, was published in ----- ` IAA.. TitA& 4 ............................._:.__ _....................._.._.. on the ..... 2.9. day of ]fag ........................19..65, MWXaAx&M ........................ xM€•Si m€-............._............. ---------------------•- --- -- •-------- •--- ----•- - - ---•- ............ Z .................Times. 4 $ ............ 3_r? .... - .............. . .. - - -- --- ........... _ Class fie Advert °sing tanager Subscribed and sworn to before me this...? . ................da of.........._! �Wtle. ................._...__._._.._. Louise Vick'e -e_'�' -- ...- •- -- -.�.. _ ....... ...... .. .. otary Public, Nueces County, Texas fu NOTICE OF P AGE OF AN ORDINAN. ,NO. 75iN PROVIDING THE EXIS• ? TENCE OF TI CORPORATION COURTS; PRO, IDING FOR THE APPOINTMENT OF JUDGES AND SUBSTITUTE JUDGES; PROVIpp R ING REGULATIONS AND'RULES f> "CONCERNING SAID CORPORA• i. - ATTERSUR AND NDDECLARING ANEMERGENCY. Me SCfY5 COa0ntiIN afAlne OVE4 Wf • Corpus Christi, Texas, of N5 regular meeting at 2:00 P.m., on the 26th day *1 May, I %5, and provides ihof if .. shall toke effect from and after its PaSSape d publlc.tiaa a a time In the Riciai pablicatbn. n' III T. Roy Kring T. RAY K NO, CNy Secretory City of COMM Chrsti, Texas 1