HomeMy WebLinkAbout022334 ORD - 08/29/1995AN ORDINANCE
ESTABLISHING PENALTIES FOR FAILURE TO HONOR SUBPOENAS
ISSUED BY CITY OF CORPUS CHRISTI AGENCIES OR PURSUANT TO
CITY AUTHORITY; PROVIDING FOR SEVERABILITY, PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, it is vital to the administration of justice and the proper functioning of city
agencies and entities authorized to act on city business that subpoenas issued by such agencies and
entities be honored.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Corpus Christi is hereby amended by
amending Chapter 1, General Provisions, by adding a new Section 1-6.1. Penalty for failure to
honor subpoena, as follows:
Sec. 1-6.1. Penalty for failure to honor subpoena.
(a) "Subpoenaed Person" means a person served, within the boundaries of the city, with a subpoena
or subpoena duces tecum issued by the City Council or a board, commission, or committee of the
city, pursuant to authority granted by city charter or ordinance or state statute, or issued by authority
of an arbitrator acting pursuant to authority granted by collective bargaining agreement approved by
the city council with the bargaining agent for the city's police officers or firefighters A subpoena
or subpoena duces tecum may be served by any police officer of the city designated by the police
chief or by any person designated by the city manager.
(b) A subpoenaed person commits an offense if the person intentionally, knowingly, or recklessly
fails to appear in accordance with the terms of a subpoena. It is a defense to prosecution that the
subpoenaed person had a reasonable excuse for his failure to appear in accordance with the terms
of the subpoena and notified the issuer as soon as practicable of the reasonable excuse.
(c) A person commits an offense if the person intentionally, knowingly, or recklessly directs or
encourages a person not to appear in accordance with the terms of a subpoena.
(d) A person adjudged guilty of an offense under subsection (b) or (c), above, shall be punished by
a $500 fine, unless State law establishes a different penalty.
(e) A person who fails to appear or who directs or encourages another to fail to appear as proscribed
in subsection (b) or (c), above, shall be liable to the City and to any party to the proceeding for costs
incurred due to any delay caused by such conduct.
SECTION 2. 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,
022324
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2
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective 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 at
two regular meetings so that this ordinance is passed/and shall take effect upon first reading as an
DI day of 1 i
emergency measure this the i,' iv 1 , 1995.
MAYOR '
THE CITY OF CBRPUS CHRISTI
APPROVED THIS THE 25 DAY OF Aviv st , 1995.
JAMES R. BRAY, JR., CITY ATTORNEY
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3
Corpus Christi, Texas
�j day of � � �{ i �Y( , 19 ala
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYO
THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Mary Rhodes
Dr. Jack Best C� b/y
Betty Black
Melody Cooper
Tony Heldenfels (2
Betty Jean Longoria �" Y' 1.c {
Cut
John Longoria
Edward A. Martin
Dr. David McNichols
Lig
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022334
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad 82994
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in
said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo,
Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio,
Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF
ORDINANCE NO. 022334 which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 30TH day(s) of AUGUST. 1995.
ONE (11 Time(s)
$ 30g
r-
tea°e H A R
o: P.y
Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 4TH day of
SEPTEMBER, 1995.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
Corpus Christi cars -tars r 30, +'
ieiE'— ' .� unitOMrwr -
t NOTICE OF P
{F ORDNANCE
AMENDING THE F
ORDINANCES, ESTABLISH -
/
INS PENALTIES FOR
Opitheakaanii-
- FAILURE to HONOR SUB-
POENAS ISSUED BY CITY OF
CORPUS CHRISTI AGENCIES
OR PURSUANT TO CITY
AUTHORITY; PROVIDING
9 FOR SEVERABIUTV.
i The ordinance vas Rad an
s approved by IM City Cound of
the City of Cape Christi on Me
) 29th day of August, tae6.
/s/ Annendo Chep¢
City City ot Corpus ChrGhii
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