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HomeMy WebLinkAbout19112 ORD - 12/03/1985AN ORDINANCE AMENDING CHAPTER 29, MUNICIPAL COURTS, SECTIONS 29-7, 29-9, 29-10, 29-11, 29-13, 29-14, 29-15, 29-17, 29-18, 29-19, 29-26, 29-27, 29-28, 29-29, 29-31, 29-32, 29-39, 29-40, 29-44, AND 29-46, OF THE CORPUS CHRISTI CITY CODE; CHANGING THE TITLE OF THE MUNICIPAL COURT CLERK TO MUNICIPAL COURT ADMINISTRATOR; MAKING THE ADMINISTRATOR RESPONSIBLE TO THE CITY MANAGER ON ADMINISTRATIVE FUNCTIONS AND TO THE PRESIDING JUDGE ON JUDICIAL FUNCTIONS; MAKING RELATED CHANGES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the first paragraph of Section 29-7, "Presiding judge; office created, special powers and duties; transfer and exchange of benches," of Chapter 29, "Municipal Courts," of the Corpus Christi Code of Ordinances is hereby amended to read as follows: 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 all judicial functions 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. SECTION 2. That Section 29-9, "Clerk - oath and bond," of Chapter 29, "Municipal Courts," of the Corpus Christi Code of Ordinances is hereby amended to read as follows: 04P.232.01 Sec. 29-9. Administrator - Title, nature of position, oath and bond. The clerk of the municipal court shall be called the "Municipal Court Administrator". The administrator shall be a municipal court clerk under state law and the city charter, shall have all the rights, powers and duties of such a municipal court clerk, and shall use the title "clerk" as may be necessary under state law for documents and other matters. 19112 MICROFILMED Before entering upon the discharge of the duties of said office, the administrator shall take and subscribe the oath prescribed by the state constitution and shall enter into bond payable to the city in the sum of one thousand dollars ($1,000.00), conditioned that the administrator and all of the administrator's deputies shall faithfully discharge all their official duties. SECTION 3. 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 read as follows: Sec. 29-10. Same - Powers and duties generally. The administrator shall manage the administrative operations of the municipal court, subject to -the direct supervision and control of the City Manager or the Manager's designee. The administrator shall provide all support services required for judicial operations of the court. The administrator shall have custody of all papers, books and documents belonging or pertaining to the court, shall receive, prepare and file all complaints and docket each case, and shall perform such duties and have such rights, powers and privileges and be under such obligations as prescribed by law and by the city council. SECTION 4. That Sections 29-11, 29-13, 29-14, 29-15, 29-17, 29-18, 29-19, 29-26, 29-27, 29-28, 29-29, 29-31, 29-32, 29-39, 29-40, 29-44, and 29-46 are hereby amended to delete the word "clerk" each place it appears and substitute therefor the word "administrator". SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgement 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 6. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. SECTION 7. 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 04P.232.01 ordinance is passed and shall take effect upon first reading as an emergency measure this the 3rd day of December, 1985. ATTEST: l � n £ Y Secretary APPROVED: 4a.-.1 DAY OF DECEMBER, 1985 04P.232.01 MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS Corpus Christi, Te s 37d day of , 1984rd 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 OF CORPUS CHRISTI, TEXAS The above ordinance was passed 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 19112 PUBLISHER'S AFFIDAVIT AD #31695 'STATE OF TEXAS, tss, County of Nneces. CITY OF C.C./CITY SECRETARY Before me, the undersigned, a Notary Public, this day personally came. MARGARET RAMAGE who being first duly sworn, according to law, says that he to the COMMUNITY RELATIONS SUPERVISOR 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 #19112 of which the annexed is a true copy, was published In 9th December on the._.._-_. day of consecutive. day ONE 41.40 Caller -Times Pub. Co. 1985 . ., end once each. Times. MARGARET RAMAGE day thereafter for one Subscribed and sworn to before me flak 10th EUGENIA S. CORTEZ 6-30-89 19.85 NOTICE OF PASSAGE OF ORDINANCE #19112 AMENDING CHAPTER 29, MUNICIPAL COURTS, SEC- TIONS 29-7, 29.9, 29.11, 29-13, 29-17, 29-18, 29-19. 29-26, 29-17, 29-28, 29.29, 29-31, 29-32, 28-39, 29-40, 29-44, AND 29-46. OF THE CORPUS CHRISTI CITY CODE; CHANGING THE TITLE OF - THE MUNICIPAL COURT CLERK TO MUNICIPAL - COURT ADMINISTRATOR; - MAKING THE ADM79STRA-. ; rOR RESPONSIBLE TO THE - f,TY MANAGER ON ADMIN- ISTRATIVE FUNCTIONS AND TO THE PRESIDING JUDGE ON JUDICIAL FUNCTIONS; MAKING RELATED CHANGES; PROVIDING FOR SEVERANCE; PROVIDING , FOR PUBLICATION; AND DE- E.CLARING AN EMERGENCY. .Was passed and approved by the City Council of the City of Corpus Christi. Texas on the 3rd day of December, 1985. The full text of said ordinance Is available to the public in the Office of the City Socretery. /s/ Armando Chaps City Secretary Corpus Christi, Texas •