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HomeMy WebLinkAbout027351 ORD - 07/24/2007Page 1 of 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 H:\LEG-DIf \Lisa\Ordin nee 2007Wiunicipal Court of Record 07 4 0o .doo the o•eration of said court. Page 2 of 6 "(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 H:1LE -DI \Lisa\ rdinance 2 071Muni ipaI Court of Record 07 4 007.do Page 3 of 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 HALE -DIF \Lia\Ordinance 20071Municipal Court of Record 07242007.doc a municipal judge established section 29-4. Page 4 of " 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. HALEG-DIR1LisMOrdinance 2007IMunicipal Court of Record 07242007.doc 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. H:1LE -DI 1Lisal rdinance 2007‘fvlunicipal Court of Record 07242007.doc Page 6 of 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 H:1LE -[ 1R Lis l rdinance 2007\Municipal Court of Record 07242007.doc 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