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0783ORDINANCE NO. 783 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, RELATING TO MUNICIPAL COURTS OF RECORD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the 1999 Texas Legislature adopted changes to various provisions of Chapter 30 of the Government Code relating to municipal courts of record, making it appropriate to revise Article II of Chapter 8 of the Code of Ordinances, in order to comply with the changes adopted by the 1999 Texas Legislature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-32A, which shall read as follows: Sec. 8-32A. Municipal court designation. The municipal court of record shall be the "Municipal Court of Record in the City of Southlake, Texas". SECTION 2. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-32B, which shall read as follows: Sec. 8-32B. Municipal court jurisdiction. The municipal coud of record in the City of Southlake has the jurisdiction provided by Section 30.00005 of the Government Code. SECTION 3. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by amending Section 8-33, which shall read as follows: Sec. 8-33. Judges-appointment. The judges of the municipal cour~ of record in the City of Southlake shall be appointed by the city council. A judge who was elected or appointed before September 1, 1999 continues in office until the end of the current term. SECTION 4. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by amending Section 8-35, which shall read as follows: Sec. 8-35. Same-qualifications. A municipal judge of the municipal couA of record in the City of Southlake must: 1. be a resident of this state; 2. be a citizen ofthe United States; 3. be a licensed attorney in good standing; and 4. have two or more years of experience in the practice of law in this state. A person may not serve as a municipal judge if the person is employed by the City of Southlake. A municipal judge who accepts employment with the city vacates the judicial office. MUNICIPAL COURT ORDINANCE.doc PAGE 2 SECTION 5. Yhat Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-35A, which shall read as follows: Sec. 8-35A. Same-compensation. The city council shall set the salary of the municipal judge of the municipal court of record in the City of Southlake. The amount of the judge's salary may not be diminished during the judge's term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the Court. SECTION 6. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-35B, which shall read as follows: Sec. 8-35B. Same-supervision and control of the court. 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 court clerk. SECTION 7. That Article !1 of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-35C, which shall read as follows: Sec. 8-350. Same-term. The term of an appointed municipal judge for the municipal court of record in the City of Southlake is tv,'o years from the date of appointment. MUNiCIpAL COURT ORDINANCE doc PAGE 3 SECTION 8. That Article Il of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-35D, which shall read as follows: Sec. 8-35D. Same-vacancies. If a vacancy occurs in the office of a municipal judge of a court of record, the city council shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. The city council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason. The municipal judge shall select one of the qualified persons appointed by the city council to serve during the absence of the municipal judge. The substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge. A substitute judge must meet the qualifications prescribed for the municipal judge. The city council shall set the compensation for the substitute judge. SECTION 9. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by amending Section 8-36, which shall read as follows: Sec. 8-36. Appointment of court clerk and court personnel. The city manager shall appoint a clerk of the municipal court of record, who shall be known as the municipal court clerk. The municipal court clerk shall keep the records of the municipal court of record, issue process, and generally perform the duties of a clerk of a county court at law exercising criminal jurisdiction, in the annual budget, the city council may provide deputy clerks, warrant officers, and other personnel as needed MUNICIPAL COURT ORDINANCE.doc PAGE 4 for the [)roper operation of the municipal cour[ of record. During proceedings of the court, the clerk and court personnel shall serve at the direction of the municipal court judge. At all other times they shall serve at the direction and supervision of the court clerk who shall have the authority to remove the court personnel according to rules set forth in the city's personnel policies. SECTION 10. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by amending Section 8-37, which shall read as follows: Sec. 8-37. Court reporter. The municipal court clerk shall appoint a court reporter who must meet the qualifications provided by taw 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 court reporter or court staff are not required to record testimony in any case unless the judge or one of the parties requests a record in writing, and files the request with the court before trial. If a record is made, it shall be kept for the 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. If a case is appealed, the proceedings shall be transcribed from the recording by an official court reporter. MUNICIPAL COURT ORDINANCE.doc PAGE 5 SECTION 11. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-41, which shall read as follows: Sec. 8-41. Seal. The court clerk is directed to acquire a seal in conformance with State law for the municipal court of record in the City of Southlake, Texas. SECTION 12. That Article I1 of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-42, which shall read as follows: Sec. 8-42. Jury. The court clerk shall supervise the selection of persons for jury service in the municipal court of record. SECTION 13. That Article II of Chapter 8 of the Code of Ordinances of the City of Southlake, Texas is hereby amended by the addition of Section 8-43, which shall read as follows: Sec. 8-43. Transcript preparation fee. Ip the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25. 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. MUNICIPAL COURT ORDINANCE doc PAGE 6 SECTION 14. 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 provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 15. 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 phrase, clause, sentence, paragraph or section. SECTION 16. 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 DaY Of MAY'O'R CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF M~,YO~ ATTEST: APPROVED AS TO FORM AND LEGALITY: City Attorney ~' INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 179264281 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/8/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17926428 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 9/8/00 Description Location Col Depth Linage MU Rate Amount CITY Ot CITY OF SOUTH ORDINHA CE No'% N 1358 1 29 29 LINE $5.79 $167.91 AN ORDINANCE AMEND- ING ARTICLE II OF CHAP- TER 8 OF OF Sales Discount ORDINANCE THE OF THE ($144.42) CITY OF SOUTHLAKE, RE- ($144.42) LATING TO MUNICIPAL COPROVIDING OFTS THAT COHIS ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES; PROVIDING A; Net Amount: $23.49 AND RPROVIDING CLAUSE; EF- FECTIVE DATE. PASSED AND APPROVED THIS THE 5TH DAY OF SEPTEMBER 2000 DUR- ING THE REGULAR CITY COUNCIL MEETING. MAYOR: Rick Stacy ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: Wayne K. Olson, C�Attornev_ • THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after ' g duly sworn,did depose and say that the attached clipping of an advertisement was published in th above named paper o ted dates: Signe SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday, Septembe 11,2000. Notary Public • DAWN M. KUYKENDALL : 0-0 COMMISSION EXPIRES k '' SEPTEMBER 13,2003 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 179264281 Invoice Amount: $23.49 PO Number: Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 178102961 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/18/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17810296 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA �s Publication Date: 8/18/00 �ayi Col n .. Depth Ana. '.MU iRate. Amount CITY OF SOUTHLAKE,TEXAS NOTIC I358 1 35 35 LINE $5.79 $202.65 CITY OwFArVeI`eNbL AKEo`, Sales DiscouNOtoTCNE ($174.30) that the City Council of the City of Southlake. Texas, will be holding a public hearing during the regular city council meet- ing to be held on Sep- tember 5, 2000, at 7:00 p ld The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Ave- nue, Southlake, Texas. Purpose of the hearing will be held regarding the fllowing ORDoINANCE NO. 783 AN ORDINANCE AMEND- ING ARTICLE II OF CHAP- TER ORDI NANCES OF 8 OF THE CODE THE OF CITY OF SOUTHLA RE- LATING T MUNICIPAL COURTS OF N COD DANGCE TSL THBIE CATIVE OPFRA OR- AN EFCCECNE DATE DING Sandra L. LeGrand City Secretary Ci of Southlake, Texas THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordina. .r, for the - Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose ano say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Slgno SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,Au: t 1 2000. , (j! 'i Notary Public , ,I , .II. . /- i CHRISTY L.HOLLAND ' MY COMMISSION EXPIRES Thank You For Your Payment �,.,, '� JULY 31,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 178102961 Invoice Amount: $28.35 PO Number: Amount Enclosed: