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
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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
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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
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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
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Corpus Christi, Texas LL --
17'•day of p4I#' , 198
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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.
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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
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Corpus Christi, Texas