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HomeMy WebLinkAbout19017 ORD - 09/17/1985AN ORDINANCE AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTIONS 29-1, 29-3, 29-4, 29-6, 29-7, and 29-10, OF THE CORPUS CHRISTI CITY CODE, RELATING TO THE CORPUS CHRISTI MUNICIPAL COURTS; THE NUMBER OF JUDGES; TERMS OF COURT; POWERS, QUALIFICATIONS APPOINTMENT, AND TERMS; HOURS AND DUTIES; COURT ADMINISTRATION; COMPENSATION; TRANSFER AND EXCHANGE OF BENCHES WITH OTHER MAGISTRATES; APPOINTMENT OF COUNTY EMPLOYEE AS DEPUTY MUNICIPAL COURT CLERK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That subsections (a) and (b), of Section 29-1, "Creation; jurisdiction; powers, duties; designations," of Chapter 29,"Municipal Courts," of the Corpus Christi Code of Ordinances, is hereby amended to read as follows: Sec. 29-1. Creation; jurisdiction; powers, duties; designations. (aArticle 1200e,re is hV1.A.C.S. (Acts 1977, 65th Leant to g.,he .authority1993, of ch. 796), as amended, Article 45.06, Texas Code of Criminal Procedure, as amended, and other applicable state laws, a Municipal Court of Corpus Christi, Texas, with five (5) divisions, having all powers granted to municipal courts under Texas law and City ordinances. (b) Such divisions are hereby designated as "Municipal Court in Corpus Christi, Texas - A"; "Municipal Court in Corpus Christi, Texas - B"; "Municipal Court in Corpus Christi, Texas - C"; "Municipal Court in Corpus Christi, Texas - D"; "Municipal Court in Corpus Christi, Texas - E". SECTION 2. That Section 29-3,"To be open at all times," of Chapter 29, of the Corpus Christi Code of Ordinances,"Municipal Courts," is hereby amended to read as follows: Sec. 29-3. No terms; open continuously. The Municipal Court of Corpus Christi, Texas, shall hold no terms and shall be continuously open for transaction of matters coming before it. 19017 MICROFILMED • • SECTION 3. That subsections (a), (d), and (f) of Section 29-4,"Judges generally - offices created; salaries; qualifications, appointment and term; removal," of Chapter 29, "Municipal Courts," of the Corpus Christi Code of Ordinances, is hereby amended to read as follows: Sec. 29-4. Judges generally - Powers; salaries, qualifications, appointment and term; removal. (a) The judge of each division shall have all powers of judge, magistrate, and recorder vested in municipal judges by law. Every substitute judge, as hereinafter provided for, shall have the offices, powers and duties of the regular judges of the divisions when and if serving as a substitute judge. * * * (d) Each judge shall be nominated by the mayor and confirmed by a majority of the city council and shall hold office for a term coterminous with the term of the appointing city council, unless sooner removed, and until the successor, if any, is appointed. * * * (f) The judges of Divisions A, B and C shall serve full time during hours prescribed by the Presiding Judge. The Judge of Division D shall serve as required by the Presidio Judge. The Judge of Division E shall serve on a four (4) hour per business day basis as prescribed by the Presiding Judge. The presiding judge shall assure that a true night court functions hegularly after sunset and no later than midnight, unless exigent circumstances from time to time may otherwise dictate. SECTION 4. That Section 29-6,"Same - Life insurance, sick leave, vacation and holidays; non -civil -service status," of Chapter 29,"Municipal Courts," of the Corpus Christi Code of Ordinances is hereby amended to read as follows: Sec. 29-6. Same - Life insurance, sick leave, vacation and holidays; non -civil -service status. Each judge of the municipal court, 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 classification 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. Provided, however, that the Judge of Division E shall be 43.06.04.11 2 • provided the above benefits only if provided for in the agreement negotiated between such judge and the city at the time of appointment. SECTION 5. That Section 29-7, "Presiding judge; office created, special powers and duties," of Chapter 29, "Municipal Courts," of the Corpus Christi Code of Ordinances, is hereby amended to read as follows: Sec. 29-7. Presiding judge; office created, special powers and duties; transfer and exchange of benches. 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 magistrate duties, to order any judge to exchange benches and preside in any court, and to generally administer the operations of all divisions of the municipal court. The same courtroom and municipal court facilities may be used by each of such divisions under the direction of the presiding judge. The judge of Division E shall be housed at the Nueces County Courthouse pursuant to agreement with Nueces County, and shall be assigned to perform magistrate duties. Judges of such divisions may transfer cases from one division to another, and any judge of any such division may exchange benches and preside over any such divisions as may be scheduled and ordered by the presiding judge. With respect to magistrate duties, municipal court judges are authorized to transfer cases or matters to other magistrates within Nueces County and to exchange benches with such magistrates. 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, consistent with the ordinances of the city and the laws of the state. SECTION 6. That Section 29-10, "Same - powers and duties generally," of Chapter 29, "Municipal Courts," of the Corpus Christi Code of Ordinances, is hereby amended to amended to read as follows: Sec. 29-10. Same - Powers and duties generally. The clerk of the municipal court shall have the custody of all papers, books and documents belonging to or pertaining to the court. The clerk shall receive, prepare and file all complaints and docket each case, and perform such duties and have such rights, powers and privileges, and be under such 43.06.04.11 3 • obligations as prescribed by law and by the city council. The clerk shall appoint a deputy clerk, an employee of Nueces County, to perform all assistance required by the judge of Division E. SECTION 7. 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 given full force and effect for its purpose. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating substance the purpose of the ordinance, this ordinance to become effective upon such publication. SECTION 9. That upon written request of the mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passedlind shall take effect upon first reading as an emergency measure this the 17 day of September, 1985. ATTEST: City Secretary APPROVED: PI DAY OF SEPTEMBER, 1985 43.06.04.11 4 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • • Corpus Christi, Texas LL -- 17'•day of p4I#' , 198 • TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY f CORPUS CHRISTI, TEXAS The above ordinance was pass efj by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong 19017 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, to; County of Nueces. • AD #52084 CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally -MARGARET RAMAGE , who being first duly sworn, according to law, says that he is the CQ IIE ITY RF.T.APT 1N sup. uason 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 NOTICE OF PASSAGE OF ORDINANCE NO. 19017 of which the annexed is a true copy, was published in Caller -Ti mss 20th September 85 on the day of 19* and once rorh day thereafter Publishing Co. consecutive day ONE Times 42.55 MARGARET RAMAGE Subscribed and sworn to before me this 23rd EDNA KOSTER 11-30-88 T' NOTICE OF PASSAGE OF ORDINANCE NO. 19017 AMENDING-i',,HAPTER 29, MUNICIPAL COURTS, SEC- TION 29-1, 29-3, 29-4, 29-6, 29-7, 'AND 29-10, OF THE CORPUS CHRISTI CITY CODE, RELATING TO THE CORPUS CHRISTI MUNICIPAL... COURTS; THE NUMBER OF JUDGES; TERMS OF COURT; POWERS, QUALIFICATIONS APPOINTMENT, AND TERMS; HOURS AND DU- TIES: COURT ADMINISTRATION; COMPEN- SATION; TRANSFER AND EXCHANGE OF BENCHES WITH OTHER MAGIS- TRATES; APPOINTMENT OF COUNTY EMPLOYEE AS DEP- UTY MUNICIPAL COURT CLERK; PROVIDING FOR SEV- ERANCE; AND PROVIDING. FOR PUBLICATION; AND DE- t CLARING AN EMERGENCY. Was passed and approved by the City Council of the City of Corpus Christi, Texas on . the 17th day of September. 1965. The full text of said ordinance is available to the public in the Office of the City Secretary. /s/ Armando Chapa City Secretary --_— Corpus Christi, Texas