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0522NO. 'AMENDED AN ORDINANCE ESTABLISHING THE MUNICIPAL COURT IN SOUTHLAKE AS A MUNICIPAL COURT OF RECORD AND ORDERING AN ELECTION TO DETERMINE THE METHOD OF SELECTION OF A MUNICIPAL COURT JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUELICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article the Local Government Code; WHEREAS, Chapter 30 of a municipality to establish court of record; and XI, Section 5 of the Texas Constitution and Chapter 9 of and the Texas Government Code authorizes its municipal court as a municipal WHEREAS, the City Council of the City of Southlake deems it necessary to establish a municipal court of record to provide a more efficient disposition of appeals from municipal court; and WHEREAS, the effective means to Southlake; and WHEREAS, city Council wishes to provide for a more enforce the ordinances and laws of the city of Section 30.482(b) of the Texas Government Code provides that an election must be held to determine the method of selection of the judge of the municipal court of record. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City Council hereby establishes its municipal court as a municipal court of record in order to provide a more efficient sLake\ord. 19 (92690) '%' disposition of appeals from municipal court, and in order to more effectively enforce its ordinances. SECTION 2 This municipal court of record is established pursuant to the authority granted in Subchapter (P) of Chapter 30 of the Government Code of the State of Texas, and the terms set forth therein are hereby adopted governing the operation of said court. SECTION 3 The governing body of the City hereby calls an election to determine the method of selection of the judges of the municipal court of record. The qualified voters of the City shall vote on the question of electing or appointing the judges of the municipal court of record. This election shall be held on January 19, 1991, which is the first succeeding uniform election date for which sufficient time elapses for the holding of an election after the passage of this ordinance. SECTION 4 The method of selection approved by the qualified voters shall be the method of selection of any judge of a court of record which may be created in the future as an additional court, if the governing body of the City, in the future, finds that additional courts of record are arising in the City. necessary to dispose properly of the cases A municipal judge a licensed attorney in City of Southlake or a contiguous city. SECTION 5 in the Southlake good standing and court of record must be must reside within the A person may not serve as s%ake\ord. 19 (9269(3) municipal judge while that person holds other office or employment with the city government. The City Council shall set the salary of the municipal judge as set forth in Section 30.456(h) of the Government Code. The City Council may appoint persons as relief municipal judges and set their compensation as set forth in Section 30.487 of the Government Code. SECTION 6 The governing body of the City shall appoint a clerk of the municipal court of record, who shall be known as the Municipal Court Clerk. The Municipal Court Clerk shall serve at the pleasure of the governing body, Manager. and under the supervision of the City SECTION 7 The governing body of the city shall provide an official court reporter to preserve a record in cases tried before the Southlake Municipal Court of Record. The court reporter may use written notes, transcription equipment, recording equipment, or a combination of those methods to record the proceedings of the Court. The court reporter is not required to record testimony in a trial unless the judge or one of the parties requests a record. SECTION 8 The municipal court of the City of Southlake shall become a court of record from and after the 15th day of October, 1990. SECTION 9 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the slake\ord. 19 (92690) -3- provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 10 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, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional section. phrase, clause, sentence, paragraph or SECTION 11 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. stake\ord. 19 (92690) SECTION 12 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS /y DAY OF 4)-101J/WiLA) , 1990. • -As OR •Z \ J y 7sT: o��rrrrunua►►►►►\ TY SECRE Y 19) PASSED AND APPROVED ON SECOND READING ON THIS / DAY OF 1990. e qI gid 111 0 I r:11111 YMA •R ._\ -. ATT ST: .ellA / 'rf`'"f t -Ic,►n```*``` C TY SECRET APPROVED AS TO FORM AND LEGALITY: City Attorney Date: / _ / S-�9/ ADOPTED: /0- z7' - EFFECTIVE: /0 slake\ord.19 (92690) -5- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared Kelley Allard Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE IN ro CHiuNE RATE AMOUNT '1CT 06 6599371 CL . 358 1X38 L 38 . 60 22 . 80 ORDINANCE NO.542 o c tot AN ORDINATHE MU- NICIPAL ES- TABLISHING IN SOUTHLAKE AS A MU- NICIPAL COURT OF RECORD AND ORDER- ING AN ELECTION TO DETERMINE THE METHOD OUN CIPAL'I TION OF AM COURT JUDGE; PRO- VIDING THAT THIS OR- DINANCESHA L ECU- 1tZI ALL D--A-IAL SIGNED PROVIDINGANEFFEC- ) SWORN TO BEFORE ME , TH S THE 8th Y OF , 1990 TIVE DATE. N6�,ARY PUELIC PASSED ANDAD NG TDHIIIS \ SECOND THE N DAY OF OCTOBER, 1990 o'""'~ - '`h'"'"' TARRANT CO NTY , TEXAS Gary FIckes fsr � BONNE A. wpAMS Mayor T Southlake i• NOTARY PUBLIC ATTEST: LeGrand _ sandsL. �"•.�, at@at'(` s 01 AFFIDAVITS City Secretary TO FORM: \�� �„. EPARLOEN TTAYLOR JR. �� CORlfll.EX�.11-06-93 —CITYpTY ATE ie" TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT "'1 REMIT TO : 400 W . SEVENTH , FW, TX 76102 .., Worth REMIT TO: TTAS 76197 Port XXX I'.:m �:. ANT/ �-'�� � NUMBER AMOUNT 6599371 > , CIT57 22 . 80 Si' - ', PAGE OF CITY OF SOUTHLAKE ORIGINALePLEASE PAY 667 N CARROLL THIS AMOUNT 22 . 80 SOUTHLAKE TX 76092 0 ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED __ l'brtorth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS _ _ unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared Dona Latta Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE SEP 2 6592494 CL . 358 1X49 L 49 . 60 29. 40 september 23 . . NOTICE IS HEREBY GIVEN TO ALL INTERESTED PER- SONSTHATTHE CITY COUN- CIL OF THE CITY OF SOUTH- LAKE TEXAS WILL BE HOLDING A PUBLIC HEAR- ING ON OCTOBER 2, 1990, DURING THE REGULAR CI- TY COUNCIL MEETING TO BEGIN AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS OF CITY HALL,667 NORTH CARROLL AVE NUE,SOUTH- LAKE,TEXAS. HEAR- ING PURPOSE CCONS DER F THE IISO THE SECOFOLLOW READNGO DI A THE FOLLOWING ORDINANCE: ORDINANCE NO.SYl S I G N 3 D 4/y--yf__e..•_„,,Zfe" ,.,c.-e___, I ORDINANCE ES- BLISHING THE MU- AND SWORN TO BEFORE ME , HIS THE 2244t�hh DAY OF CIPAL COURT IN NOTARY PUBLrf' S` ` embex, 1990. UTHLAKE AS A MU- NICIPAL COURT OF RECORD AND ORDER- ING AN ELECTION TO DETERMINE THE TARRANT COUNTY, TEXAS METHOD OF SELEC- TION OF A MUNICIPAL COURT JUDGE; PRO- VIDING THAT THIS OR- .o,:^!•:;:,•, BONNIE A. ADAMS : 01 AFFIDAVITS DINANCESHALLBECU- 1 ii / i�t MULATIVE OF ALL (N.,� r1L �•} NOTARY PUBLICORDINANCES•PROVID- ING A SEVERABILTY : w„\ " jp! State of Texas SAVINGsCLAUSE.PRO- ' .fC011 COMM. Exp. 11.06-93 TIIN PUBLICA- TION i OWN- ►.__�_�__�.__+wwr+w. IN THE OFFICIAL NEWSPAPER; AND PROVIDINGAN EFFEC- TIVE DATE. CIty of Southlake TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT - a Sandra L.LeGrand — Clty Secretary REMIT TO : 400 W . SEVENTH, FW, TX 76102 brt Worth Star-Telegram fiE>t'll-- 7 G: � ' �(�.���7�9 �MAMLM4,Xf4X'Ax5'961 97 6592494 ACCOUNT C I T 5 7 AMOUNT 29 . 40 NUMBER DUE PAGE Cir 1 CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY bib 29 . 40 N) SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED