HomeMy WebLinkAbout11891 ORD - 01/30/1974JRR:e:I /22/74
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TEXAS:
AN ORDINANCE
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS
AMENDED „CHAPTER 13 THEREOF; RETITLING MUNICIPAL
COURTS; REPEALING FORMER SECTIONS; PRESCRIBING
COURT JURISDICTIONS, OFFICERS, DESIGNATIONS,
POWERS AND DUTIES, SPECIALLY CREATING THREE
MUNICIPAL COURTS; RELATING THE SALARIES, BENEFITS,
AND QUALIFICATIONS OF JUDGES; DEFINING RULES OF
PROCEDURE, EVIDENCE AND PRACTICE; APPOINTMENT,
TENURE, AND REMOVAL OF JUDGES, SUBSTITUTE JUDGES
AND MUNICIPAL COURT CLERK; REDEFINING OFFICE OF
PRESIDING JUDGE, POWERS AND DUTIES; PROVIDING
SEVERABILITY; PROVIDING COVERAGE CLAUSE; PROVIDING
PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That Chapter 13, "Corporation Court ", of the Corpus
Christi City Code, 1958, as amended, be and the same is hereby amended so
that the title of such Chapter shall hereby be re- titled to read "Municipal
Courts" to conform with the name change heretofore made by Art. 1194A,
V.A.C.S., Texas. All references to "Corporation Court" in said Chapter,
as amended, are hereby acknowledged as changed to "Municipal Court" in
accordance with said statute.
SECTION 2. That Sec. 13 -01, Corpus Christi City Code, 1958, as
amended is hereby amended to read as follows:
"Sec. 13 -01. Courts creation; jurisdiction; powers, duties;
esignations.
(a) There are hereby created for and within the City Government,
pursuant to the authority of Art. 1200d, V.A.C.S., Texas (Acts, 1955, 54th
Leg., p. 465, Ch. 130), as amended, Art. 45.06, Code of Criminal Procedure
of Texas, as amended, and the laws of the State of Texas, for the trial of
criminal cases arising within the city limits as now or hereafter established,
and such territory outside the city limits as may be authorized by law, three
(3) Municipal Courts of concurrent jurisdiction as confided to or permitted
to themby the said Code of Criminal Procedure, by the General Laws of the
State of Texaa, and by the ordinances of the City of Corpus Christi, and such
courts are additionally created for the conduct of hearings of matters as
otherwise prescribed by law.
(b) Such courts are hereby designated as 'Municipal Court in
Corpus Christi, Texas- A'; 'Municipal Court in Corpus Christi, Texas- B';
and 'Municipal Court in Corpus Christi, Texas- C'. Municipal Court in Corpus
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Christi, Texas- B, is hereby designated and declared the 'corporation court'
described in Corpus Christi City Charter, Article II, Sec. 27, and the judge,
as hereinafter provided, appointed to'said court, also and additionally here
described as a 'municipal court', pursuant to said Art. 1194A, shall be
qualified as specified by said City Charter. The powers and duties of such
courts shall be those defined or permitted by the laws of the State of Texas
and the Charter and Ordinances of the City of Corpus Christi."
Sec. 13 -5 of Chapter 13 of the Corpus Christi City Code, 1958. as
amended, is hereby repealed.
"(c) Before entering upon the discharge of duties every judge of
such Municipal Courts shall take the oath of office prescribed by the State
Constitution of Texas, Article XVI, Sec. 1, and shall be bonded payable
to the City, and conditioned for the faithful performance of all duties of
a judge of said Municipal Courts.
"(d) Each judge of the Municipal Courts, except substitute judges,
shall be entitled to the standard prevailing life insurance, sick leave and
vacation and city legal holiday benefits of non -Art. 1269m (V.A.C.S., Texas)
employees as may be provided for judges by the City Compensation and Classi-
fication Plan, as amended, but shall not be members of the City Civil Service
and shall not be entitled to any other employment benefit whatever and shall
not derive any rights whatever by virtue of the City Civil Service."
Sec. 13 -6 of Chapter 13 of the Corpus Christi City Code, 1958, as
amended, is hereby repealed.
SECTION 3. That Sec. 13 -1 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, is hereby repealed.
SECTION 4. That the heretofore numbered "Sec. 13 -2'of said
Chapter 13 of said City Code is hereby renumbered "Sec. 13 -1."
SECTION 5. That the heretofore numbered "Sec. 13 -3" of said
Chapter 13 of said City Code is hereby renumbered "Sec. 13 -2" and said
renumbered Section ( "Seal ") is hereby amended to read as follows:
"Sec. 13 -2. Seal. The Municipal Courts shall be provided with
a seal which contains the words 'Municipal Court in Corpus Christi, Texas'."
SECTION 6. Sec. 13 -3 of said Chapter 13 of said City Code is
hereby reserved.
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SECTION 7. That Sec. 13 -3.1 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, is hereby amended to read as follows:
"Sec. 13 -3.1. Judges generilly - Offices created; salaries;
qualifications, appointment and term; removal.
(a) There are hereby created the three combined offices of judge,
magistrate, and recorder, all hereby vested in each person duly appointed,
qualified and sworn to serve as the judicial officer (judge) of the Municipal
Court in Corpus Christi, Texas- A, the Municipal Court in Corpus Christi,
Texas- B, and the Municipal Court in Corpus Christi, Texas-,C, respectively.
Every substitute judge, as hereinafter provided for, shall have the offices,
powers, and duties of the regular judges of the Municipal Courts generally
when and if serving as a substitute judge.
(b) The salary of each judge shall be as prescribed by ordinance
of the City Council.
(c) Each judge of the Municipal Courts in Corpus Christi, Texas,
shall, at all times during the service of the person as judge, be duly
licensed to practice law by the Supreme Court of Texas and a qualified
voter and shall, as of the effective date of appointment, be qualified as
stated in Art. II, Sec. 27, of the City Charter.
(d) A judge of the said Municipal Courts shall be nominated by
the mayor and confirmed by a majority of the City Council and shall hold
office for a term of two (2) years after the effective date of appointment,
unless sooner removed, and until the successor, if any, is appointed and
qualified.
(e) A judge or substitute judge of a Municipal Court may be
removed by a majority vote of the City Council present and voting upon a
determination by a majority that such judge has failed to comply with City
Charter provisions or any ordinances pertaining to their powers and duties.
Any judge so charged for removal shall be accorded a public or private
hearing as such judge may request and specify in writing, have not less
than ten (10) calendar days to prepare for such hearing, may be represented
by counsel, have the right to confront accusors, and present evidence. If
-a ,iudq.. .-j charged requests a written statement of charges shall be furnished
to such judge at least ten (10) calendar days prior to the day set by the
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City Council for such hearing. In addition to removal for violations or
failures aforesaid, a judge may be removed as a judicial officer of the
City 'for cause', as that term is defined by the law of the State of Texas.
The provisions of this subsection (e) also apply to the Clerk of
the Municipal Court (Corporation Court).
(f) Every judge, except substitute judges and a judge having
the majority of his cases set for hearing after 2:00 p.m. and before midnight
on the docket of a week, appointed to a Municipal Court of the City, shall
serve full -time. A regular judge not serving full -time shall be additionally
subject to any special order of the Presiding Judge, as herein provided, a
particular duty of whom it shall be, to assure that a true night court functions
regularly after sunset and no later than midnight, unless exigent circumstances
from time to time may otherwise dictate."
SECTION 8. That Sec. 13 -3.2 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, is hereby repealed.
SECTION 9. That Sec. 13 -4 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, be hereby amended to read as follows:
"Sec. 13 -4. Presiding Judge, created. Special powers and duties.
The office of Presiding Judge is hereby created. The Presiding
Judge shall be a judge of the Municipal Court. 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
Municipal Court facilities may be used by each of such 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 as may be scheduled and ordered by the Presiding
Judge, the officer created by this section.
The Presiding Judge shall be the chief judge of the Municipal
Courts and shall, in conference with the other judges, except substitute
judges, establish the local Rules of the Municipal Courts in Corpus Christi,
Texas, consistent with the ordinances of the City and the laws of the State
of Texas."
SECTION 10. That Sec. 13 -6.1 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, is hereby amended to read as follows:
"Sec. 13 -6.1. Same - Substitute judges.
A substitute judge or judges of the Municipal Courts may from
time to time be appointed as provided by the City Charter with the confirmation
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of the City Council. The substitute judge or judges may sit as judge in any
of such courts or try cases on transfer from any of such courts but shall act
as judge of one 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 Municipal Court, and he shall be entitled for each day of service to be
paid in the amount of fifty dollars a day. Vouchers shall be issued upon
certificate of the regular judge certifying that such services were necessary
on account of authorized absence or other inability to perform duty. All
substitutions shall be subject to approval of the Presiding Judge. In the
event of continuing absence or inability of the judge substituted when the
date for payment to the substitute judge becomes due under the City's payroll
rules and the voucher for payment has not been issued the Presiding Judge
may issue the same for the substituted judge."
SECTION 11. That Sec. 13 -9.1 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, is hereby repealed.
SECTION 12. That Sec. 13 -9.2 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, is hereby amended to read as follows:
"Sec. 13 -9.2. Procedure generally.
(1) The Code of Criminal Procedure of the State of Texas, as
amended, and other applicable laws of the State of Texas, and the Charter
and Ordinances of the City of Corpus Christi insofar as the same are not
inconsistent with the Code of Criminal Procedure and such other applicable
laws, the local rules, and the special orders of the Presiding Judge, shall
govern the procedure and practice in every Municipal Court of the City.
(2) The rules of evidence shall be observed in the trial of
cases.
(3) The regular judges of the Municipal Courts shall set the
times for the trial of cases and conduct hearings, subject to the local
,Rules therefor and the special orders of the Presiding Judge.
(4) For purposes of consenting to and approving dismissals as
may be recommended by the City Attorney or his deputies (assistant city
attorneys) under Sec. 13 -28 hereof each judge shall be considered a
,residing judge' only for purposes of Art. 32.02, Code of Criminal
Pru,.dU c: a-. -amended.
(5) Every judge of the Municipal Courts shall have authority to
punish for contempt as a recorder and as provided by Art. 45.12, Code of
Criminal Procedure, as amended.
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(6) The Municipal Court Clerk shall provide the judges with
secretarial service for their official business and shall be under the
general supervision of the Presiding Judge of the Municipal Courts,
subject to the power of the City Manager or representatives duly authorized
by him, to prescribe the forms and procedures of revenue and expenditure
accounting and to audit or cause to be audited the records of the Municipal
Courts and of the Municipal Court Clerk.
(7) The Chief of Police or the City Manager shall provide a police
officer or a duly designated proper City employee, respectively, to act as a
bailiff and to serve in each court during all of the sessions thereof.
(8) All complaints shall be prepared and filed under the direction
of the City Attorney."
SECTION 13. That Sec. 13 -21 of Chapter 13 of the Corpus Christi
City Code, 1958, as amended, be hereby amended to read as follows:
"Sec. 13 -21. Continuances.
Continuances of cases by judges of the Municipal Courts are governed
by the laws of the State of Texas and the local Rules of Municipal Courts."
SECTION 14. That Sec. 13 -25 and Sec. 13 -25A of Chapter 13 of
the Corpus Christi City Code, 1958, as amended, are hereby amended to read
as follows:
"Sec. 13 -25. Limits of Permissible Confinement of Persons
onvicted.
(1) When a person is adjudged guilty and sentenced to pay a
fine upon trial under a complaint in Municipal Court such person may request
the sentencing judge or the judge sitting for the sentencing judge to permit
such person, for such time as will satisfy the judgment sentence, (a) to
be put to work in custodial and janitorial services in municipal buildings,
on cleaning of municipal streets, easements, rights of way, and parks
generally, or (b) to be imprisoned in the City jail for a sufficient
length of time to discharge the full amount adjudged against such person,
Whereby such work or such imprisonment without work, as the case may
be,shall be rated as credit on fine at ten dollars for each day thereof
and five dollars for each day thereof, respectively; provided, however,
- ..that such person may pay the fine assessed at any time while confined
or during discharge, as hereinafter provided, and, in such instance,
shall be credited with the sum of five dollars per day for each
day of confinement plus any additional amount which might be credited to
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this account for work performed as hereinbefore stated and shall only be
required to pay the balance of fine assessed. Any person so requesting
confinement or confinement and work shall be entitled to terminate such
confinement and work by asking the officer having custody. Upon receiving
such request such officer shall promptly record the date and time of such
request, the name and address of the person, and the complaint number(s)
on which convicted, promptly furnishing a copy to the Municipal Court Clerk
and to the Chief of Police. The person convicted shall then be discharged
from confinement, without penalty for such discharge per se, at the
end of the day on which the request is made. In no event shall total
credits for any period exceed the fine owed and in no event shall the City
be indebted to such person hereunder. (c) No person under eighteen years of
age shall be confined under the terms of this Section. (d) As a prerequi-
site to granting requested confinement and work or confinement only the
said judge shall secure from the person on forms furnished by the City
Attorney an unconditional release of the City of Corpus Christi, its officers,
and employees from any and all liability or obligation for injuries or
damages unintentionally inflicted or suffered by such person during such
confinement or work for and in consideration of the relief of such person
by the City of the immediate and present cash payment or the immediate
posting of bond, as the case may be, by such person to the City of the
amount of said fine. (e) Before granting such requested confinement -work
the said judge shall consider the following criteria:
1. The capacity of the jail and its present occupancy.
2. The recommendations, if any, of the prosecutor and the
arresting officer.
3. The apparent age and health of the person.
4. The frequency of prior requested confinement -work
alternates, if any, made by the person.
5. The available funds of the City for the facilitation
of such fine payment alternates.
6. The availability of appropriate municipal work not
otherwise affordable to unconvicted persons employed
by the City or currently applying and eligible for
City employment.
7. The apparent economic station of the person.
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If, upon due consideration of the said criteria, the said judge concludes
that the granting of the request is proper, he shall enter an order to that
effect. -
"Sec. 13 -25A. Other Alternate.
(1) In any case where a fine has been assessed by the Court the
judge may, when in his discretion the ends of justice would be best served
and when the defendant requests jail time in lieu of fine, and the judge,
applying the criteria of Sec. 13- 25(E), finds the request warranted, the
defendant may be allowed by such judge to serve jail time in lieu of fine
during such defendant's off -work hours or on weekends, or both. In any
case in which the judge permits the petitioning defendant to thus serve
out his fine, it must, if more than one day of imprisonment is necessary
to fully serve out such fine, be served on consecutive days or on the same
day or days of consecutive weeks or on consecutive weekends. No agreed
confinement, under this Section, may be for less than one day.
(2) The fine credit rates, procedure for requested discharge,
execution of liability release, and minimum age rule, all as stated in
Sec. 13 -25, apply as well to this Section 13 -25A.
(3) The judge may attach conditions regarding employment, travel,
and other conduct of the defendant during the performance of the court's
agreed order.
As to both Sec. 13 -25 and 13 -25A, if the judge, upon hearing,
determines that the person (defendant) has violated the agreed order terms
he may forwith nullify and revoke said order but such person (defendant)
shall not thereby forfeit any fine credit earned prior thereto.
(4) The judge may require recommendation of the City- County
Welfare personnel or references from other sources in determining whether
or not the defendant should be permitted to serve out his fine as by this
Section provided.
(5) In the event a defendant granted an installment payment
plan of a fine by order of the judge fails or refuses to make payments as
prescribed by said plan the judge may, upon his own motion or the motion
of a prosecutor or of the Municipal Court Clerk and upon affording
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defendant an oppor! unity to be heard, issue a warrant or writ of arrest on
the ground of contempt, if the judge so finds on the evidence, and may
punish for contempt as hereinbefore provided. Nothing in this Section
inhibits the power of a judge to punish for contempt as otherwise provided
herein or by any other law."
SECTION 15. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction it
shall not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase, word,
or provision hereof be independently given full force and effect for its purpose.
SECTION 16. Every appointment to a judgship and the letter desig-
nation of the appointed court made by the City Council since January 15, 1974,
Is further ratified and confirmed as of the date of the appointment ordinance
passage, or as of the effective date of such appointment, if not the same as
the date of ordinance final passage.
SECTION 17. Publication shall be made one time in the official
publication of the City of Corpus Christi, by publishing the caption of this
ordinance, stating in substance the purpose of the ordinance.
SECTION 18. The necessity to make the above set forth amendments
to Chapter 13 of the Corpus Christi City Code, 1958, as amended, creates a
public emergency and imperative Public necessity requiring the suspension
of the Charter rule that no ordinance or resolution shall be passed finally
on the date of its introduction but 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, and having requested the
suspension of the Charter rule and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force and
effect from and after its passage and publication, IT IS ACCORDINGLY SO
ORDAINED this the X d y of 1974.
ATTES .
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City Secretary M1YOR
T CITY OF CORPUS CHR�TS
WED:
D JAN �4:
' +
•
Corpus Christi, Texas
•
day of 19
61111- Y 7�z
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you -spend said Charter rule or requirement and pass this ordi-
nance finally on �he date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark zgl,e
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch AtZ 1P
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public, this day personally came ........__...._.....__.._....
1LIMLO'n .... . ... . .... - who being first duly sworn, according to law, says that he is the
. ....... 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
t 11 A91....__. 11
of which the annexed is a true copy, was published in Times . .......
on the-5-th day of.--.JKebr.uary--..— 19--74
Z
Richard D. Hardin, Class. Adv. Mgr.
Subscribed and sworn to before me this . ..... ifth. day of—.-..--ARrU ............ . . . ......... 1199.__7l} --
Louise Vick ` -�`'/ e�'J� "—�
o 0,
tary Public, Nueees County, Texas
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