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ORDINANCE
ESTABLISHING THE MUNICIPAL COURT IN CORPUS CHRISTI,
TEXAS, AS A MUNICIPAL COURT OF RECORD, PROVIDING FOR
THE TERM AND APPOINTMENT OF A PRESIDING JUDGE AND
ASSOCIATE JUDGES OF THE MUNICIPAL COURT OF RECORD;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPOINT
MUNICIPAL COURT DIRECTOR TO SERVE AS CLERK OF
MUNICIPAL COURT OF RECORD; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
IDING
FOR A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY.
WHEREAS, EAS, the City of Corpus Christi, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code, and
WHEREAS, Chapter 30 of the Texas Government Code authorizes Corpus Christi to
establish its municipal court as a municipal court of record; and
WHEREAS, the City Council of the City of Corpus Christi deems it necessary to
establish a municipal court of record to provide a more efficient disposition of cases
arising in the City; and
WHEREAS, the City Council of the City of Corpus Christi wishes to provide fora more
effective means for the judge to grant writs necessary to the enforcement of the
ordinances and laws of the City of Corpus Christi;
NOW, THEREFORE, BE IT ORDAINED ED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Section 29-1 of the City Code of Ordinances is deleted and replaced
with the following:
"Sec. -1 Creation; jurisdiction' • overs duties desi • nations.
"(a) That the City Council hereb establishes the Corpus Christi Munii • aI Court as a
unified municipal court of record. The municipal court shall become a court of record
from and after the l t day of August 2007 and shall be mown as The Municipal Court
of Record in the City of Cor. us Christi.' This municipal court of record is established
pursuant to the authority granted in Subchapter A, Chapter f the Governrr arrt o de
of the State of Texas known as the Unifomi Munici • al Courts of Record Act and the
terms set forth therein are hereb
ado
ted . overnin
O27351
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the o•eration of said court.
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"(b) The court shall have civil jurisdiction for the •uriose of enf r in • muni i • al
ordinances enacted under Subchapter A, Chapter 214, Local Government Code or
Subchapter E, Chapter 683, Transportation Code.
" _The court shall have concurrent jurisdiction with an .esti a court in an • recinct in
which the Ci of Cor • us Christi is located in criminal cases that arise within the
territorial limits of the City and are punishable only by fine.
"id) The court shall have civil jurisdiction for the • ureose of of r in • r unioi •al
ordinances enacted under Sub ha ter A Chapter 214, Local Government Code, or
Subchapter E, Chapter 683Trans • ortation Code.
" The court shall_have concurrent jurisdiction with a district court or a county court at
law under Subchapter B, Chapter 54, Local Government Code, within the municipality's
territorialiiniits and property owned by the municipality located in the municipality's
extraterritorial `urisdition for the •ur•ose of nforoin• health and safe and nuisance
abatement ordinances.
"(f) The court shall have authority to issue search warrants for the • ur_•ose of
investi • atina health and safe or nuisance abatement ordinance violation• and
seir_warrats for the purpose of securing, removing, or demolishing the offending
property and removing the debris from the re is s.
(g) The Court shall have five divisions designated as:
Muni i • al Court of Record in the Ci of Cor • us Christi Texas Division No. 1 •
Municipal Court of Record in the City of Corpus Christi, Texas, Division No. 2;
Municipal Court of Record in the City of Corpus Christi, Texas, Division No. 3.
Muni i•al Court of Record in the Ci of Cor us Christi Texas Division No. Al.•
iuni iDal Court of Record in the Ci
of Corpus Christj,_T xas, Division No. 5."
SECTION 2. That Section 29-2 is revised to read as follows:
"The municipal courts shall be provided with a seal which contains the words "The
Municipal Court of Record in the Cityof Corpus Christi, Texas."
p
SECTION 3. In Chapter 29, the term "municipal court" shall be replaced with "Municipal
Court of Record" wherever it appears.
SECTION . That Section 29-4 is amended to read as follows:
"Sec. 29-4. Judges generally --offices created; 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
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provided for, shall have the offices, powers and duties of the regular judges of the
divisions 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) The magistrates judges of the municipal court of record shall be known as
municipal judges, who shall be licensed attorneys in good standing in the State of
Texas, practicing law in Nueces County for at least two (2) years prior to appointment,
ualified voters, and shall as of the effective date of appointment be qualified as
stated in Article 11, section 27-26, of the City Charter. The municipal 'ud. a must also be
a citizen of the United States and a resident of the State of Texas.
"(d) The Cit Council shall appoint munici • al judges, as deemed necessarfor the
benefit and conduct of the court. Each judge shall be r,.,f,+,inated appointed by the CitC
council and shall hold office for a two 2 year term coterminous with the term of the
appointing city council unless sooner removed or until the successor, if any, is
appointed.
•
(f -"The judges of Divisions 1, 2, 3, 4, and 5 shall serve full time during
hours prescribed by the presiding judge. r
. The presiding judge shall
assure that the hours of the municipal court are sufficient to conduct its business in an
efficient manner consistent with available resources."
SECTION 4. That Section 29-7 is revised to read as follows:
"Sec. 29-7. Presiding judge; office created, special powers and duties; transfer
and exchange of benches.
"fpj. The munici • al court of record shall be presided over by a Presiding Municipal Judge
who shall be a. • ointed b the Ci Council for term of two 2 ears coterminous with
the term of City Council. The Presiding Municipal Judqg must meet allualifications for
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a municipal judge established section 29-4.
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" j 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.
"Lc1 The same courtroom and municipal court facilities may be used by each of such
divisions under the direction of the presiding judge.
+ + i i + i
.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. ' - - - - _ ■• - . _ .. i+ # . i
" j 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 29-9 is amended to read as follows:
`{sec. 29-9. Municipal Court Director --Title, nature of position, oath
and bond.
"(a) The City Manager or his designee shall appoint the municipal court director to serve
as the clerk of the Municipal Court of record who shall •erform duties in accordance
with state law, the City Charter and City ordinances. During proceedings of a court, the
director and other court personnel shall serve at the direction of the municipal judge
presiding. At all other times they shall serve at the direction and supervision of the city
manager or his designee who shall have the authorit to remove the court director or
other court personnel according to the provisions set forth in the City's employ
personnel policies, rules and + rocedures.
99
11
11
e it w "
and other mattem:
;`j Before entering upon the discharge of the duties of said office, the administrator
director 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 director and all of the administrator* director's
deputies shall faithfully discharge all their official duties.
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Page
"I The administrator director 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 director shall provide all support services
required for judicial operations of the court. The aelministratof director 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 7. Section 29-10 Powers and duties generally, is deleted and replaced with
the following new section:
"Section 29-10. Recording f court proceedings.
"The court proceedincis shall be recorded b a • ood • ualit electronic recording device
A court re • orter is not reuired to be . resent to certt the re • orter's record. The
recording shall be kept for the 20 -day period beginning the d y after the last day of the
courtro eedin , trial or denial of motion for new trial, whichever occurs Last. If a case
p
is appealed, the a ro eedincis shall be transcribed. "
SECTION . That a new Section 29-53 is added to read as follows:
"Sec 29-53. Fees foLpreparation of director's record.
"In the event of an appealthe appellant shall pay a Municipal Court director's record
preparation fee in the amount of Twen -five Dollars $25.00 for the 'reparation of the
municipal director's record. The record preparation fee does not include the fee for an
actual transcript of the proceedings. The a• • ellant shall • a for the • re. aration of the
actual trans ri • t of the • ro eedincis by a court reporter. The director shall note the
payment of the director's record preparation fee on the docket of the court. If the case
is reversed on a • • eal the director's record preparation fee shall be refunded to the
_appellant. In addition to the director's record preparation fee the fee for the actual
trans ri • t of the • ro eed in . s and re • otter's record must be • aid b the as e el lant
pursuant to Government Code ,30.00014 and 30.00019.
If
SECTION 9. That the Code of Ordinances of the City Corpus Christi, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 10. That should any section or part of any section or paragraph of this
ordinance be declared invalid or unconstitutional for any reason, it shall not invalidate or
impair the validity, force or effect of any other section or sections or part of a section or
paragraph of this ordinance.
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SECTION 11. That all ordinances or resolutions or parts of ordinances or resolutions in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such
conflict.
SECTION 12. That this ordinance shall be effective immediately upon its passage and
approval.
SECTION 13. Upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 24th day of July, 2007.
Armando Chapa
City Secretary
APPROVED: July 20, 2007
;e(/)-Fz--
Lisa Aguilar
Assistant City Attorney
for City Attorney
TH OF CORPUS CHRISTI
Ami AelAtAI
eriry Garr
Mayor
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Corpus Christi, Texas
24 Day of
LJUI _, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
emergencymuse of the foregoing ordinance For the reasons set forth in the r and
requiringens�on f the Charter rule as consideration emergency exists suspension
at two regular meetings: lire, therefore, request that you
voting upon ordinances g `s introduced, or
and pass this ordinance finally on the date it
suspend said Charter rule
at the present meeting of the City Council.
Respectfully,
Respectfully,
my Garr
Mayor
tt
ALF/J.
Council Members
The above ordinancewas
passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutohon
0273:"1
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5805265
PO #
Before me, the undersigned, a Notary Public, this day personally came ORIS
HURTADO, who being first duly sworn, according to law, says that she is
LEGAL SALES REl RESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patrleie, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02735i
which the annexed is a true copy, was inserted in the Corpus Christi
Caller -Times on 7/30/2007 .
$137.49_
LEGAL SALES REPRESENTIVE
1(s)
•
Ztlip
1
On this day of , 2 I certify that the attached document
is a true and an exact copy ma e b publisher.
GWENN J.E
MY COMIWISSION EXPIRES
Augliet 2,2008
Not. ■ Public, State of Texas
tJuly 3 , 2007•Monday'
NOTICE OF
PASSAGE OF
ORDINANCE N.
027351
Ordinance establishing
the Municipal Court in
Corpus Christi, Texas
I as a Municipal Court of
Record, providing for
the term and appoint-
ment of a presiding
judge and associate
judges of the Municipal
Court of Record; au-
thorizing the City Man-
ager or his designee to
appoint the Municipal
Court Director to serve
as clerk of Municipal
Court of Record; pro-
viding for a savings
clause; providing for a
' severability clause; pro-
viding for a repealer
clause; androviding
for an effective date.
This ordinance was
passed and approved
by the City Council of
the City of Corpus
Christi on July 24,
2007. The effective
date is July 24, 2007.
/s/ Armando Chapa
City Secretary
•
' City of Corpus Christi