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Home My WebLink About2007-3024a - Ordinance - 12/04/2007ORDINANCE NO. 30S,4a AN ORDINANCE AMENDING CHAPTER 1, "GENERAL PROVISIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW SECTION ESTABLISHING THE MUNICIPAL COURT IN COLLEGE STATION, TEXAS, AS A MUNICIPAL COURT OF RECORD, PROVIDING FOR THE TERM AND APPOINTMENT OF A JUDGE OF THE MUNICIPAL COURT OF RECORD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPOINT A MUNICIPAL COURT CLERK; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE, A- SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City of College Station, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XXI, Section 5 of the TEXAS CONSTITUTION and Chapter 9 of the LOCAL GOVERNMENT CODE; and WHEREAS, Chapter 30 of the TEXAS GOVERNMENT CODE authorizes College Station to establish its municipal court as a municipal court of record; and WHEREAS, the City Council of the City of College Station deems it necessary to establish a municipal court of record to provide a more just and efficient disposition of cases arising in the City; and WHEREAS, the City Council wishes to provide for a more effective means to enforce the laws of the State of Texas and the ordinances and laws of College Station; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 1, "General Provisions ", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" attached and made a part of this ordinance for all purposes. PART 2: All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. P. IGROUPUGEN- CALIFor Legal ReviewUn Reviewl!12- 13- 07Wunicipal Court of Record Ordinance Wunicipal Court of Record Ordinance.doc 21 ORDINANCE NO. 30a4a Page 2 PART 3: Said Ordinance shall become effective on January 1, 2008, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 4th day of December, 2007. APPROVED: MAYOR APPROVED: rckf fi City Attorney P. IGROUPUGEN- CALIFor Legal ReviewUn Reviewl!12- 13- 07Wunicipal Court of Record Ordinance Municipal Court of Record Ordinance.doc 22 ORDINANCE NO. 30JL4a Page 3 EXHIBIT "A" That Chapter 1, "General Provisions ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a new Section 31, "Municipal Court of Record" as set out hereafter to read as follows: "SECTION 31: MUNICIPAL COURT OF RECORD A. The City Council hereby establishes the College Station Municipal Court as a municipal court of record in order to provide a more efficient disposition of cases arising in the City and in order to more effectively enforce the ordinances of the City, and shall be known as the Municipal Court of Record in the City of College Station. B. The Municipal Court of Record is established pursuant to the authority granted in Subchapter A, Chapter 30, of the GOVERNMENT CODE of the State of Texas, and specifically granted all jurisdictional powers set out in Section 30.00005, Jurisdiction, and the Uniform Municipal Courts of Records Act. The terms set forth therein are hereby adopted governing the operation of said court. C. The Municipal Court of Record shall have concurrent jurisdiction with any justice court in any precinct in which the City of College Station is located in criminal cases that arise within the City and are punishable only by fine. D. The Municipal Court of Record shall be presided over by a Municipal Judge who shall be appointed by the City Council for a term of two (2) years. The Municipal Judge must be a licensed attorney in good standing in the State of Texas and must have two or more years of experience in the practice of law in Texas. The judge must be a citizen of the Untied States and of the State of Texas. E. The Municipal Judge shall be the presiding judge of the Municipal Court of Record in the City of College Station. Associate Municipal Judges may be appointed as provided by Section 28 of the City Charter. Associate Municipal Judges shall meet the same qualifications as the Municipal Judge. F. The City Manager or his designee shall appoint a Clerk of the Municipal Court of Record who shall perform duties in accordance with state law, the City Charter and City ordinances. During proceedings of the court, the Clerk and other court personnel shall serve at the direction of the P: IGROUPWGEN- CALIFor Legal Reviewlln Reviewl!12- 13- 07IMunicipal Court of Record OrdinancelMunicipal Court of Record Ordinance. doc 23 ORDINANCE NO. 30A4a Page 4 Municipal Judge. At all other times, they serve at the direction and supervision of the City Manager who shall have the authority to remove the Court Clerk or the court personnel according to rules set forth in the City's personnel policies. G. The Municipal Judge shall continue in office through the expiration of his current term. H. The City Manager or his designee shall retain a court reporter who must meet the qualifications provided by law for official court reporters. The court reporter or court staff may use written notes, transcribing equipment, video or audio recording equipment, or a combination of those methods to record the proceedings of the court. The record shall be kept for a twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, whichever occurs last. The court reporter is not required to be present during proceedings of the Municipal Court of Record, provided that proceedings that are required to be recorded are recorded by a good quality electronic recording device. The Municipal Judge shall supervise and control the operation and clerical functions of the administrative department of the Municipal Court, including the court's personnel, during the proceedings or docket of the court. At all other times, the operation and clerical functions of the administrative department of the Municipal Court shall be under the supervision and direction of the City Manager or his designee. The Municipal Judge shall supervise the selection of persons for jury service. K. In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of Twenty -five Dollars ($25.00). The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The Clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to GOVERNMENT CODE §30.00014 and §30.00019. L. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance, and amendments thereto, shall be hereby preserved for the benefit of the City P: IGROUPWGEN- CALWor Legal ReviewUn Reviewl!12- 13- 07UIunicipal Court of Record Ordinance Ulunicipal Court of Record Ordinance.doc 24 ORDINANCE NO. 30S14a Page 5 M. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, except for the provisions for appointment and direction and control by the City Manager of the "Clerk of the Municipal Court of Records ", in Sections F and I. Should these provisions be declared invalid, the Court shall immediately revert back to a "Municipal Court" as it currently exists, with the "Clerk of the Municipal Court" being appointed by the City Manager and this entire ordinance shall be of no force and effect." P: IGROUPWGEN- CALIFor Legal ReviewUn Reviewl!12- 13- 07Wunicipal Court of Record Ordinance Wunicipal Court of Record Ordinance.doc 25