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Home My WebLink AboutOrdinance 1622 ORDINANCE NO. 1622 WHEREAS, the City Council find that it is necessary to provide a more efficient disposition of appeals from the Municipal Court of North Richland Hills, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The City Council adopts the above finding. 2. The City Council hereby establishes one Municipal Court as a Court of Record to provide a more efficient disposition of appeals. The City Council finds that one Court of Record is necessary at this time to dispose properly of the cases arising within the City. 3. This Municipal Court of Record is established pursuant to the authority granted in House Bill 1879 of the 70th Legislature (1987) and the terms of such legislation are adopted governing the operation of said Court. 4. The qualified voters of the City shall vote upon the method of selection of the Judge of the Court created herein on the next uniform election date following passage of this ordinance for which sufficient time elapses for the holding of an election. The election shall be pursuant to resolution or ordinance of the City Council which prescribes the date of election, form of the ballot, and places of balloting. Such ordinance or resolution shall also appoint the officials to conduct the election. 5. 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 necessary to dispose properly of the cases arising in the City. 6. The Municipal Court of this City shall become a Court of Record from and after the first day of January, 1990. t Ordinance No. 1622 Page 2 PASSED AND APPROVED this 28th day of August, 1989. APPROVED: ;f3. D~ or ATTEST: (1/£; /L,ÞCA~zt;/ !Z-U/:~) J~te Rewis - City Secretary " APPROVED AS TO FORM AND LEGALITY: // ) . . /,<" . ./'~ .~. . ..-- -../ :JU~/¿' (/ (:~¿~/ /,/ '/. (' . t/ l/f / l._- ",'... Rex McEntire - Attorney for the City ~.' .~, ~- ~ ~ CONVERSION OF MUNICIPAL COURT TO A COURT OF RECORD Submitted by Bobbie McCorkle o ASSISTED BY Greg Oldenburg - City Cable Lonnie Munoz - Ft. Worth Municipal Court Ralph Ferguson - Garland Municipal Court Linda Woodward - North Richland Hills Municipal Court o / o ~ e.~'-' ".~ . :::rik"L1.. ~.~.,- ATTACHMENTS 1. H. B. 1879 - CREATION OF MUNICIPAL COURTS IN CERTAIN CITIES 2. PROPOSAL TO ESTABLISH A COURT OF RECORD FOR NORTH RICHLAND HILLS 3. SURVEY OF FT. WORTH AND GARLAND COURTS OF RECORD 4. COST ANALYSIS 5. NORTH RICHLAND HILLS FISCAL REPORT FOR 1987-1988 ---wI!!!!r " HB1879 b.B. No. 1879 H.B. No. 1879 AN ACT relating to the creation of municipal courts of record in certain cities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ~ SECTION 1. Chapter 30, Government Code, is ùmended by adding ~/ùbchapter P to read as follows: ~ (SUBCHAPTER P. GENEP~L LAW FOR MUNICIPAL COURTS OF RECORD) ~ (Sec. 30.481. ) [APPLICATION OF SUBCHAPTER)(. This subchapter ~ doe~ not apply to the cities of Austin, Dallas, El Paso, Fort Worth, + Houston, Longview, Lubbock, Marshall, Midland, Oùes~a, San Antonio, r Sweetwater, and Wichita Falls or to any other city covered by another + subchapter of this chapter.] r (Sec. 30.482. ] (CREATION OF MUNICIPAL COURTS OF RECORD; DEFINITION) + (. (a) The governing body of a city may establish its municipal courts + as municipùl courts of record if the formation of municipal courts of + record is necessary to provide a more efficient disposition of appeals + from the municipal court.] r ((b) On creation of the initial municipal court of record, the + governing body of the city shall call an election to determine the method + of selection of the judges of the m'~~icipal courts of record. The T qualified voters of the city shall ,ote on the question of electing or + appointing the judges of the municipal courts of record. The election ~ must be held on the first succeeding uniform election date for which + sufficient time elapses for the holding of an election.) + ((c) In this subchapter, "city" means an incorporated + municipality.) + (Sec. 30.483. ) (CREATION OF ADDITIONAL MUNICIPAL COURTS OF RECORD) ~ [. The governing body of the city may by ordinùnce create adàitionê~ + municipal courts of record if additional courts are necessary to dispose Î,¡roperly of the cases arising in the city. The ordinance must enumerate ~he number of additional courts that are necessary.) +' (Sec. 30.484. } (ABOLIT!ON OF COURT)(. If the governing body of + the city finds after the establishment of an additional municipal court of + record that the condition of the dockets of. the other conrfs of the county + does not require the existence of the court to dispose properly of the + cases arising in the city, the governing body shall by ordinance declare + the office of the municipal judge vacant at the end of the term for which + the judge was last selected. An:' cases then pending shall be. transferred + to a court with proper jurisdict~on of the offense.} + (Sec. 30.485. )(JURISDICTION)(. (a) A municipal court of record + has the jurisdiction provided by seneral lÐw for municipal courts.) + (b) The court has jurisdiction of crimin~l cases arising under + ordinances authorized by Subdivision 19, Article 1175, Revised Statutes.) + [Sec. 30.486. )(JUDGE)(. (a) A municipal court of record is + presided over by one or more municipal judge~.) + (b) The governing body of the city shall provide by charter or by + ordinance for the term of office of its municipùl judges. The term must + be for a definite term of not less than two nor more than four years, the + duration of which within these limits shall be determined by charter, + ordinance, or the method prescribed by Article XI, Section 11, of the + Texas Constitution. A municipal judge may continue in office after the + end of the judge's term for not more than 90 d~ys or until his successor + is selected and qualified, whichever occurs first.) + [(c) The judge shall take judicial notice of the ordinances of the + city and of the territorial limits of the city. The judge may grant writs },f mandamus, attachment, ~nd other writs necess&ry to the enforcement of ~.:he jurisdiction of the court éllJQ may issue "'ri ts of habe2s corpus in I. HB1879 ~ cases in which the offense charged is within the jurisdiction of the .. ·court . ] r (d) If there is more than one municipal judge in the city, the + 'governing body of the city shall appoint one of the judges as the ~ presiding municipal judge.) ~. ((e) The presiding municipal judge shall:) : _~ ((I) maintain a central docket for cases filed within the r territorial limits of the city over which the courts have jurisdiction;) r ((2) provide for the distribution of cases from the central + docket to the individual municipal judges to equñlize the distribution of r business in the courts¡] ~ (3) call the jury docket and request the jurors needed for r.cases that are set for trial by jury; and) r (4) temporarily assign judges or relief judges to act for + each other in a proceeding pending in a court if necessary for the + expeditious disposition of business in the courts.] (f) The municipal judges or relief judges may act for each other + in any proceeding pending in the courts. An act performed by any of the t judges is binding on all parties to the proceeding.) r (g) A municipal judge must be a licensed attorney in good t standing or a judge who has served the previous five years on a municipal t court bench in Texas, except that a municipality of less than 10,000 in + population may appoint a person municipal judge who is not a licensed + attorney. A person may not serve as a municipal judge while the person r holds other office or employment with the city government.] t ((h) A municipal judge is entitled to a salary from the city, the t amount of which is determined by the governing body of the city and 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 that the judge is + required by law to collect during the term of. office. The governing body .+ shall set the salary of an appointed judge before his appointment, and hall set the salary of an elected judge no later than two weeks before + ~he election filing deadline.) ;- ~ (Sec. 30.487. )(VACANCIES: TEHPORARY REPLACEMENT; REMOVALH. (a) t If a vacancy occurs in the office of municipal judge of a court of record, ;- the governing body of the city shall appoint a qualified person to fill + the office for the remainder of the unexpired term.) + {(b) The governing body of the city may appoint person~ as relief municipal judges. A relief judge must meet the qualification~ prescribed ~ for the regular judge. The governing body shall set the compensation of + the relief judges. The presiding municipal judge' may assign a relief ;- judge to act for a municipal judge who is temporarily unable to act for ;- any reason. A relief judge has all the powers anù duties of the office ~ while so acting.] ~ [(c) A municipal judge may be removed in the manner prescribed for ;- removal of a county court at law judge.] + [Sec. 30.488. )(CLERK¡ OTHER PERSONNEL){. (a) The governing + body of the city shall appoint a clerk of the municipal courts of record, , who shall be known as the municipal clerk. The municipal clerk serves at f~t~e pleasure of the governing body. The clerk shall perform, as + applicable, the duties prescribed by law for the county clerk of a county ;- court at law and any other duty necessary to issue process and conduct r business of the court. The clerk may administer oaths and affiñavits and ~ make certificates and affix the court's seal to those certificates. In addition, the clerk shall:) ~ (1) maintain central docket records for all cases filed in ~he municipal courts of reco~di) ~ ((2) keep permanently all public records of the courts and r.. ",,' , "'" HB1879 + make them available for inspection at all reasonable times by any ~ interested party;) + [(3) maintain an index of all court judgments in the same + manner as county clerks are required by law to prepare for criminal cases + arising in county courts; and] ~ [(4) if necessary for the proper functioning of the ;unicipùl courts of record, provide for the preservation of records by +-electronic means or by microfilming.) + (b) With the consent of the governing body of the city, the clerk + may appoint one or more deputy clerks to act for the clerk.] + [(c) The governing body of the city shùll provide the courts with + other municipal court personnel that the governing body determines + necessary for the proper operation of the courts. Those persons shall + perform their duties under the direction and control of the clerk or the + municipal judge to whom assigned. The governing body shall determine the + salaries of the court personnel.] + (Sec. 30.489. ) (COURT REPORTER) (. (a) To preserve a record in + cases tried before a municipal court of record, the governing body of the + city shall provide an official court reporter. The reporter shall be + compensated by the city in the manner determined by the governing body of + the city.) + [(b) The court reporter m'1 use written notes, transcribing + equipment, recording equipment, c a combination of those methods to + record the ·proceedings of the court.] + (c) The court reporter is not required to record testimony in a + trial unless the judge or one of the parties requests a record.) + (Sec. 30.490. ) (PROSECUTIONS BY CITY ATTORNEY)(. All prosecutions + in municipal courts of record must be conducted by the city attorney or an + assistant or deputy city attorney.) + (Sec. 30.491. )[FILING OF ORIGINAL PAPERS)[. (a) The municipal + clerk shall file the oriqinal complaint and the original of other papers ~~n each case under the direction of the presiding municipal judge. The \.iiJ'fi led original papers constitute the records of the courts and a separate + record book is not required.) + (b) The clerk shall keep a separate folder for each case and + shall note on the outside of the folder:) + ( (1) the style of the case;] + (2) the nature of the charged offense;] (3) the dates that the warrant was issued and returned;) (4) the date the examination or trial was held;) (5) whether trial was held by jury or before a judge;) [ (6) trial settings;] [(7) ~r.y verdict of the jury;] (8) any judgment of the court;} [(9) any motion for a new trial and the decision on the + + + + + motion;) + (10) whether an appeal was taken; and) + (11) the date and the manner in which the judgment ùnd + sentence were enforced.] + (Sec. 30.492. ](JURY){. (a) Each person charged with an offense + is entitled to a trial hy a jury of six persons unless the right is waived + according to law.) + (b) A majority of the municipal judges may adopt ù plan for the + selection of persons for jury service from the voter registration rolls of + the counties in which the city is located. A plan adopted by the + municipal courts is binding on each court and must:) .~ (1) require. the compilation of jurors from the voter ~egistration lists of all voting precincts within the city and the "",,,', np~o/~ + registry of permanently exempt persons residing in the city maintained by +.the county tax collector as prescribed by Section 62.108;) + ((2) require selection of jurors who are eligible to vote + in the city and have the qualifications prescribed by Subchapter B, t Chapter 62; and] ~ {(3) require the courts to establish a fair, impartial, and :Djective method of selecting persons for jury service.] + {(c) The municipal clerk shall be the official in charge of the + selection process.] + ((d) Each juror is subject to the laws governing exemptions and + excuses from jury service in other courts.) + (Sec. 30.493. ) (APPEAL) [. (a) A defendant has the right of r appeal from a judgment or conviction in a municipal court of record. The t county courts ùt law in the county in which the city is located have + jurisdiction of appeals from a municipal court of record. If there is no + county court at law in the county, the county court has jurisdiction of an + appeal. The city ùttorney or his assistants or deputies shall prosecute + all ùppeals from the municipal courts of record.) + ((b) The. appellate court shall determine each appeal from a + municipal court of record conviction on the basis of the errors that are + set forth in the defendant's motion for new trial and that are presented + in the transcript and statement of :~cts prepared from the proceedings + leading to the conviction. An appeól from the municipal court of record + may ~t be by trial de novo.] + ~ ((c) To perfect an appeal, the defendant must file ~ written + motion for new trial not later than the 10th day after the date on which + judgment is rendered. The motion must set forth the points of error of + which the defendant complains. The motion or an amended motion may be + amended by leave of court at ùny time before action on the motion is + taken, but not later than the 20th day after the date on which the + original or amended motion is filed. The court may for good cause extend ~he time for filing or amending, but the extcnsion may not exceed 90 days \~rom the original filing deadline. If the court does not act on the + motion before the expiration of the 30 days allowed for determination of + the motion, the original or amended motion is overruled by operation of + law.} + [(d) To perfect an appeal, the defendant must also give notice of + the appeal. If the defendant requests a hcaring on the motion for new trial, the defendant may give the notice of appeal orally in open court on + the overruling of the motion. If there is no hearing, the defendant must + give a written notice of appeal and must file the notice with the court + not later than the 10th day after the date on which the motion is + overruled. The court may for good cause extend that time period, but the + extension may not exceed 90 days from the original filing deadline.} ~(Sec. 30.494. ] (APPEAL BOND)(. (a) If the defendant is not in + custody, the defendant may not take an appeal until the defendant files an + appeal bond with the municipal court of record. The bond must be approved + by the court and must be filed not later than the 10th day after the date + on which the motion for new trial is overruled. If the defendant is in +. custody, the defendant shall be committed to jail unless the defendant + posts the appeal bond.) + [(b) The appeal bond must be in the amount of $50 or double the + amount of the fines and costs adjudged against the defendant, whichever is + greater. The bond must state that the defendant was convicted in the ca~e + and has appealed, and it must be conditioned on the defendant's immediate + and daily personal appearance in the court to which the appeal is taken.) ~ (Sec. 30.495. ) (RECORD ON APPEAL)(. The record on appeal consists -1)f a transcript and, if necessary to the appeal, a statement of facts. ~ ............ "'" I .-/- + The court reporter shall prepare the record from the reporter's record or ~ mechanical or videotape recordings of the proceedings. The defendant + shall pay for the cost of the transcription. If the court finds that the + defendant is unable to payor give security for the record on appeal after + a hearing in response to an affidavit by the -defendant, the court shall ~o~der the re?orter to prepare the record without charge to the defendant. , Jf the case 1S reversed on appeal, the court chall promptly refund the + cost to the defendant.] + (Sec. 30.496. )(TRANSCRIPT]{. (a) On the written request of the + defendant or the defendant's attorney, the municipal clerk shall prepare + under his hand and seal a transcript of the municipal court of record + proceedings. The transcript must include copies of:] + (1) the complaint;] +. (2) material docket entries made by the court;) + {(3) the jury charge and verdict in a jury trial;] + (4) the judgment;] + [(5) the motion for new trial;] +=. ( (6) the notice of appeal;) + ((7) written motions and pleas;] + - (fB) written orders of the court;] + {(9) any bills of exception filed with the court; and] +- [(10) the appeal bond.] + [(b) The clerk may incluë- in the transcript ùdditional portions + of the proceedings in the court rrepared from mechanical or videotape + recordings.] + [Sec. 30.497. ] {BILLS OF EXCEPTION](. Either party may include + bills of exception in the transcript subject to the applicable provisions + of the Code of Criminal Procedure. The bills of exception mu~t be filed + with the municipal clerk not later than the 60th day after the date on + which the notice of appeal is given or filed.] + (Sec. 30.498. ] (STATEMENT OF FACTS){. A statement of facts ~~~cluded in the record on appeal must contain:] !~ I [(1) a transcript of all or part of the municipal court of + record proceedings that are shown by the notes of the court reporter to + have occurred before, during, or after the trial, if the transcript is + requested by the defendant;] + (2) a brief statement of the fùcts of the case proven at + trial as agreed to by the defendant and the prosecuting attorney;} + ((3) a partial transcript ùnd the agreed statement of the + facts of the case; or) + , ((4) a transcript of all or part of the municipal court of + record proceedings in the case that is prepared from mechanical or + videotape recordings of the proceedings.) + (Sec. 30.499. ] [COMPLETION, APPROVAL, AND TRANSFER OF RECORD)[. + (a) Not later than the 60th day after the date on which the notice of + app~al is given or filed, the parties must file with the municipal clerk:) + [(1) the statement of facts;) + (2) a written description of material to be included in + the transcript in addition to the required material; and] +c {(3) any material to be included in the transcript that is + not in the custody of the clerk.] + ((b) On compJetion of the record, the municipal judge shall + approve the record in the manner provided for record completion, approval, + and notification in the court of appeals.] + [(c) After the court approves the record, the clerk shall promptly + £end it to the appellate court clerk for filing. The appellate court v )Clerk shall notify the defendant and the prosecuting attorney that the . =ecord has been filed.) . c:-/ ..). ·-ù "....,."..-., -- HB18i9 + {Sec. 30.500. )(BRIEF ON APPEAL){. (a) A defendant's brief on ~ appeal from a municipal court of record must present points of error in + the manner required by law for a brief on appeal to the court of appeals.) + (b) The defendant must file the brief with the appellate court + clerk not later than the 15th day after the date on which the transcript ~~d statement of facts are filed with that clerk. The defendant or the . fendant's attorney must certify that the brief has been properly mailed - . + to the prosecut~ng attorney.] + (c) The prosecuting attorney must file the appellee's brief with + the appellate court clerk not later thùn the 15th day after the date on + which the defendant's brief is filed.] + (d) On filing, each party shall deliver a copy of the brief to + the opposing party and to the municipal judge.) + (Sec. 30.501. ](COURT RULES){. (a) Except as modified by this ~ subchapter, the Code of Criminal Procedure governs the trial of cases + before the municipal courts of record. The courts may make and enforce + all .rules of practice and procedure necessary to expedite the trial of + cases before the courts thùt are not inconsistent with general law.] + ((b) Thê appellate courts may make and enforce all rules of + practice and procedure that are not inconsistent with general law and that + are necessary to expedite the dispatch of appeals from the municipal + courts of record.) + (Sec. 30.502. ] (DISPOSITION ON APPEAL)(. (a) According to law + and the nature of the case, the appellate court may:] + ((1) affirm the judgment of the municipal court of record;] + (2) reverse and remand for a new trial;) + (3) reverse and dismiss the case; or] + (4) reform and correct the judgment.) + (b) Unless the matter was made an issue in the trial court or it + affirmatively appears to the contrary from the transcript or the statement + of facts, the appellate court shall presume that:) (, \ ( (1) venue was proven in the trial court;) ~ (2) the jury, if any, was properly impaneled and sworn;) + (3) the defendant was arraigned and pleaded to the + complaint; and) + (4) the municipal judge certified the charge before it was + read to the jury.) + [(c) In each case decided by the appellate court, the court shall + deliver a written opinion or order either sustaining or overruling each + assignment of error presented. The court shall set forth the reasons for + its decision. The appellate court clerk shall mail copies of the decision + to the parties and to the municipal judge as soon as the decision is + rendered.) + (Sec. 30.503. ) (CERTIFICATE OF APPELLATE PROCEEDINGS)(. When the + judgment of the appellate court becomes final, the clerk of that court + shall certify the proceedings and the judgment and Ðhall mail the + certificate to the municipal clerk. The municipùl clerk shall file the + certificate with the papers in the case and note the certificate on the t case docket. If the municipal court of record judgment is affirmed, + further action to enforce the judgment is not necessary except to:) + ((1) forfeit the bond of the defendant;) + ( (2) issue a writ of capias for the defendant; or) + {(3) issue an execution against the defendant's property.) + [Sec. 30.504. J{EFFECT OF ORDER OF NEW TRIAL)(. If the appellate + court awards a new trial to the defendant, the case stanòs as if a new + trial had been granted by the municipal court of record.) 4, {Sec. 30.505. )(APP~ALS TO COURT OF APPEALS){. The defendant has ~~he right to appeal to the court of appeals if the fine a~sessed against '-/ . hb.LOi~ + th~. defendant exceeds $100 and if the juðgment is affirmed by the r appellate Court. The provisions of the Code of Criminal Procedure . + relating to direct appeals from a county or a district court to the court + of appeals apply to the appeal, except that:) + ((1) the record and briefs on-appeal in the appellate court ).f0nstitute the record and briefs on appeal to the court of appeals unless "he rules of the court of criminal appeals provide otherwise; and] ~ {(2) the record and briefs shall be filed directly with the + court of appeals.] + (Sec. 30.506. ]fSEAL][. The governing body of the city shall + provide each municipal court of record with a seal with a star of five + points in the center and the words "Municipal Court of + Texas." The impress of the seal shall be attached to all papers, except + subpoenas, issued out of the court and shall be used by each municipal + judge or the municipal clerk to authenticate all official acts of the + clerk and the judge.) SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative publ~c necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is sc rnacted. President 0f the Senate Speaker of the House J. certify that H.B. No. 1879 was passed by the House on May 13, 1987, by a non-record vote. + ( ) I 1987, by Chief Clerk of the House certify that H.B. No. 1879 was p~ssed by the Senate on May the following vote: Yeas 30, Nays O. { 23, + ()',>PPROVED: + ) ( [ ) ) Secretary of the Senate Date Governor .~ j "'" í. ~ ,.-...., ~. " f.) ". COURT OF RECORD APPEAL 30.346 JUDGE (C)The Judge may grant writs of mandamus, attachment and other units necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases which the offense charged is within the jurisdiction of the court. 30.489 COqRT REPORTER (C)The Court Reporter is not required to record testimony in a trial unless the judge or one of the parties request a record. 30.490 PROSECUTIONS BY CITY ATTORNEY All prosecutions must be conducted by the City Attorney or his assistant. 30.491 FILING OF ORIGINAL PAPERS (A) The Municipal Court shall file original complaint and original of other papers in each case under the direction of the presiding Judge (B) The Clerk shall keep a separate folder for each case and shall note on the outside of the folder: 1. The style of case 2. The nature of the charge or offense 3. Dates warrant issued and returned 4. Date of examination or trial held 5. Whether trial by jury or judge 6. Trial settings 7. Verdict of jury 8. Any judgment of the court 9. Any motion for new trial and the decision on the matter 10. When an appeal was taken 11. The date and the manner in which judgement and sentence were enforced. 30.492 JURY (B) The jurors will be taken from the county jury room (D) Each juror is subject to the laws governing exemptions and excuses from jury service in other courts :,) (,) ,...) . . . 30.493 -2- APPEAL (A) Defendant has the right to appeal from judgment or conviction in a Municipal Court of Record (B) The appellate court shall determine each appeal from Municipal Court of Record conviction on the basis of the errors that are set forth in the defendant's . motion for new trial and that are presented in the transcript and stateroent of facts prepared from the proceedings leading to the conviction. (C) To perfect appeal, defendant must file written motion for new trial not later than 10 days after the date of judgment. The motion must set forth the point of error of which defendant complains. The motion or an amended motion may be amended at any time before action on the motion is taken, but not later than the 20th day after the date on which the original or amended motion is filed. The court may for good cause extend the time for filing or amending but not exceed 90 days from the original filing deadline. If the court does not act on the motion before the expiration of the 30 days allowed for determination of the motion, the original or amended motion is overruled by law. (D) To perfect the appeal, the defendant must also give notice of appeal. If the defendant requests a hearing on the Motion for New Trial, the defendant may give notice of appeal orally in open court on the overruling of the motion. If there is no hearing, the defendant must give a written notice of appeal and must file the motion with the court no later than the 10th day after the day on which the motion is overruled. The court may for good cause extend that time, but not exceed 90 days from the original filing deadline. 30.494 APPEAL BOND (A) The appeal bond must be filed no later than the 10th day after the date on which motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. ~.'~ ~v -3- (B) The appeal bond must be in the amount of $50 or double the amount of fine and costs adjudged against defendant, whichever is greater. The bond must show the defendant was convicted in the case. 30.495 RECORD ON APPEAL The record on appeal consists of transcripts and, if neèessary to appeal a statement of facts. The Court Reporter shall prepare the record of proceedings. The defendant shall pay the cost of the transcription. If the court finds the defendant is unable to payor give security for the record on appeal after a hearing in response to an affidavit by the defendant, the court shall order the reporter to prepare the record at no charge to defendant. If the case is reversed on appeal the court shall refund cost to defendant. . 30.496 TRANSCRIPT (A) On written reques¿rof the defendant or the defendant's attorney, clerk s6~11 prepare a transcript of court proceedings. The transcript must include copies of: 1. Complaint 2. Material docket entries made by the court 3. The jury charge and verdict in a jury trial 4. The judgment 5. The motion of new trial 6. The notice of appeal 7. Written motions and pleas 8. Written orders of the court 9. Any bills of exception filed with the court "» 10. Appeal bond þ~ /~ (B¡,,~The clerk may include in the transcript additional portions ~ JJ.11~ ~of the proceedings in the court prepared from mechanical CVV ~~~ or videotape recordings. ~U~~ 30.497 BILLS OF EXCEPTION e Either party may include bills of exception in the transcript subject to the applicable provisions of the Code of Criminal Procedure. The bills of exception must be filed with the municipal clerk not later than the 60th day after the date on which the notice of appeal is given or filed. <-. . . R;· 30.498 . '30.499 . . . -4- STATEMENT OF FACTS A statement of facts included in the record on appeal must contain: 1. A transcript of all or part of the municipal court of record proceedings that are shown by the notes of . the court reporter to have occurred before, during, or after the trial, if the transcript is requested by the defendant; 2. A brief statement of the facts of the case proven at trial as agreed to by the defendant and the prosecuting attorney; 3. A partial transcript and the agreed statement of the facts of the case; or 4. A transcript of all or part of the municipal court of record proceedings in the case that is prepared from mechanical or videotape recordings of the proceedings COMPLETION, APPROVAL, AND TRANSFER OF RECORD (A) Not later than the 60th day after the date on which the notice of appeal is given or filed, the partie~ must file with the municipal clerk 1. The statement of facts; 2. A written description of material to be included in the transcript in addition to the required material; 3. Any material to be included in the transcript that is not in the custody of the clerk (B) On completion of the record, the municipal judge shall approve the record in the manner provided for record completion approval, and notification in the court of appeals. (C) After the court approves the record, the clerk shall promptly send it to the appellate court clerk for filing. The appellate court clerk shall notify the defendant and the prosecuting attorney that the record has been filed. ~ ~ ~ . 30.500 -5- BRIEF ON APPEAL (A) A defendant's brief on appeal from a municipal court of record must present points of error in the manner required by law for a brief on appeal to the court of appeals. (B) The defendant must file the brief with the appellate . court clerk and not later than the 15th day after the date on which the transcript and statement of facts are filed with that clerk. The defendant or the defendant's attorney must certify that the brief has been properly mailed to the prosecuting attorney. (C) The prosecuting attorney must file the appellee's brief with the appellate court clerk not later than the 15th day after the date on which the defendant's brief is filed. (D) On filing, each party shall deliver a copy of the brief to the opposing party and to the municipal judge. 30.503 CERTIFICATE OF APPELLATE PROCEEDINGS When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the judgment and shall mail the certificate to the municipal clerk. The municipal clerk shall file the certificate with the papers in the case and note the certificate on the case docket. If the municipal court of record judgment is affirmed, further action to enforce the judgment is not necessary except to: 1. Forfeit the bond of the defendant; 2. Issue a writ of capias for the defendant 3. Issue an execution against the defendant's property 30.504 EFFECT OF ORDER OF NEW TRIAL If the appellate court awards a new trial to the defendant, the case stands as if a new trial had been granted by the municipal court of record. ~ .- . . . ~ -6- 30.506 SUL The impression of the seal (a star of five points in the center and the words "Municipal Court of North Richland Hills, Texas") shall be attached to all papers, except subpoenas, issued out of the court and shall be used by eaoh municipal judge or the municipal clerk of the municipal court. " \ ! .Cityof ~rth Richland Hills, Texas --- ---~!~ Octobér-17, 19~ i To: From: City Council Committee on Municipal Court of Record This Committee, appointed by the Mayor, is composed of Councilman Garvin, Councilman Sibbet, Dennis Horvath and Rex McEntire. The Committee was appointed to make recommendations concerning the . budget and,personnel of the Court of Record. ~.' '" - .- 1. The first attachment is a copy of the proposed expenses at thë time the èouncil voted to adopt the Court of Record. -.' -. _.. 2. The second attachment is the recommended budget for the Court of Record. This recommended budget shows additional annual expenditures of $75,155.00 compared to the old figures of $146,131.00. The estimate of additional income is $119,000.00. These are annual figures so the actual amendment of the Court budget is 3/4 of each gross ~igure. 3. The thi=d attachment shows duties of personnel. .( ,. 4. The fou=th attachment shows the plan £0= implemen~ation of personnel. Initially, we do do not recommend hiring a bailiff or the new clerk. The judge is being hi=ed at the current budget figure, so there is no additional cost. By having a court reporter present during most court sessions, will probably save hiring the additional clerk. The present clerk can devote 1/2 day per week to actual settings without any additional cost to the City. Our chief warrant officer will serve as bailiff. There is an item on the agenda for the meeting of October 23, 1989, for approval of the budget for the Court of Record which will implement the plan. The Committee feels that this is a conservative approach which keeps expenditures down and will give the council a chance to evaluate the effectiveness of the plan between January 1, 1989 and the time for preparations of the next budget. ( (817) 281.()()41 . 7301 N.E. LOOP 820 . P.O. BOX 1880i . NORTH RICHLAND HILLS, TX 7t1 &: CITY OF NORTH RICHLAND HILLS I Department: :lunicipal Court I :[ìsUbject: Proposed Budget Þ...menè:nent for the Court oÏ Record Council Meeting Date: 10-23-89 Agenda Number: GN 89-137 In conjunction with the establishment of a Court of Record on January 1, 1990, the following amendment to the Fiscal Year 1989-90 General Fund Operating Budget is proposed: Projected Revenues: Projected additional income $85,000 ------- ------- . 'Proposed Expenditures: Municipal Court Court Reporter (contract basis) Prosecutor (salary and benefits) Additional benefits for Municipal Supplies Jury expenses Office Furniture Office Equipment Judge $ 7,500 23,497 2,838 8,000 lO,500 2,800 3,300 ¡ I ;t~ r I I I ------- $58,435 -', City Council Reserve for Contingency 26,565 ------- $85,000 ------- ------- ";~,- The proposed expenditures includes an allocation of the -", _':',:' anticipated excess revenues to the City Council's Reserve for ~:-:,:.:- ._Continge:rlcy account. :;Æi;}~}~~:;,\;; ·i;;, .._ >~:::j- Recomme=onda tion: :. ?-, -';- ,- ~,; "It is recommended that the Fiscal Year 1989-90 General Fund Operating Budget revenues and expenditures be amended by $85,000 as noted above. Committee report attached. I I ! I i y" -~ Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget x Other c:~ Acct. Number Miscellaneous Sufficient Funds Available -~' ~ " I~m JlJVtt"- \ ~. , {/ '. ~ / / .. f . Financ. Director (¿j¿1A~/W~d1 - Department Head Signature City Manager CITY COUNCIL ACTION ITEM ¡- i i ! Page 1 of 1 f ~ .... ,.ADDiT-ÍONAL_~OOENDITURES FOR CONVERSION OF MuNÍCIPAL..COURT_ TO 'A COURT OF RECORD 1 Judge additional 1 Bailiff 1 Docket Clerk 1 Court Reporter - Contract 1 Prosecutor Employee benefits r , ~ Jury Expense Supplies/Postage Capital Out:lay: 2 desks 4 chairs 1 calculator 4 telephones 1 recorder 1 cassette storeage cabinet 1 software jury listing GRAND TOTAL Estimated additional Income $119,000. ( $ -0- -0- -0- 10,000. 25,000. 9,555. $44,555. 14,000. 10,000. 2,000. 800. 200. 800. 2,000. 300. 500. $30,600. $75,155. Pe~s~~~el ~ f 1 Judce: The present judge may serve until May, 1990 regardless of the outcome of the election of November 7, 1989. f ~ ( The. initial estimate_of cost was $15,000 over the pay he was receiving at the time. This would be approximately $50,000.00 per year. The committee has recommended putting him on a salary of $40,000 per year. Judge Thorn has agreed to accept the posltion on that basis. Prosecutor: The statute provides that our attorney will act as prosecutor. The initial estimate of cost for the position was $35,000.00. Our attorney has agreed to handle the position for $25,000. He would appoint an assistant at this salary figure and he and/or his assistant 'will handle all duties. This in a firm figure for a six month trial period to see how much extra work is involved. - . . -. - , Court Reporter: A Court Reporter will be hired on a per diem basis. This will allow us an opportunity to evaluate the amount of time the Reporter is actually needed. (Per diem is now $76.29 per 1/2 day) ~~~~c:~~~ C2~~~ a: ~e~O~G r Judge's . ...~. ........... .. .- Du'tie-s:::-~: . .~<~."':"'_ ,. .,. -. .--. To presid~.:oi:er:.:th:eMuni.cipa.L.Cour.t including all pre-trials, trials and other required hearings. To handle all arraigr~ents. To cooperate and coordinate with the Clerk, Prosecutor and Court Reporter in scheduling trials by publishing dockets for pre-trial and for trial along with the Clerk, and Prosecutor, to set up a docket system to orderly dispose of all cases before the Court. It is anticipated that the work of the Court of Record in trials and pre-trials will take up two days per week. Prosecutor's Duties: '. To prepare and/or approve all criminal complaints in contested cases before the Court. To represent the City at pre-trials and actually prosecute the cases before the Court. To handle all negotiations with attorneys and pro se parties on cases set on 'the contested dockets of the Court. To cooperate and coordinate wi't~ the Judge, Clerk and Court Reporter in scheduling trials by publishing dockets for pre-trial and for trial. It is anticipated that the actual pre-trials and trials before the Court will take up two days per week; that preparation and/or checking of complaints and negotiations will take up an additional day per week. ( Court Reporter Duties: To perform statutory duties of Court Reporter for the Municipal Court including preparation of Statements-of-Fact in appealed cases. To cooperate and coordinate with t~e Judge, Prosecutor and Clerk in settir.~ up dockets for the efficient disposal of cases. Initially, it is anticipated that the actual time involved in trail will be one or two days per week. It is likely that this time will be adjusted downward af'ter three months. (it is now lawful to use electronically recorded testimony) . ( 1-, 1 Legal ;j . Department: , ., '... Establ ishing Subject:- il j ....... ) i 1 1 ~ J:) ] I - I i - - '~ I J CITY 0 F NORTH RICHLAND HILLS Court of Record - Ordinance No. 8/28/89 Council Meeting Date: 1622 GN 89-99 Agenda Number: Ordinance No.1622-establishes the Municipal Court of Record effective October 1, 1989. By separate ordinance an election is called for November 7, 1989 to determine the method of selection of Judge of said Court. If the Council desires, the effective date of Ordinance No. 1622 can be changed to some date after the election. Apparently, the statute contemplates that the judge serving on the date that the ordinance becomes effective shall serve at the pleasure of the Council until the Mayor's term expires even if the voters opt to elect a judge. Recommendation: It is recommended that Council approve Ordinance No. 1622 and determine the effective date. _. ~. - - - - --. ~._~---~-- - ..... Source of Funds: Bonds (GO/Rev.) Operating Budget Other /Í~ ~. / ;/CZ¿¿"-?7'--~ L Department Head Signature Finance Review Acct. Number Sufficient Funds Available .. . /. .. ./) /71 J-/ ' ;é:. "tt7 ...::, V¿ City Manager . Finance Director CITY COUNCIL ACTION ITEM I;~ i 1 j t j ;"" 1 1 . ~,- . .-. - --- '1 ORDINANCE NO. 1622 ----------- - -- .--- -.- - ._.. ~ WHEREAS, the City Council find that it is necessary to provide a more efficient disposition of appeals from the Municipal Court of North Richland Hills, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. --~- ---...---- The City Council adopts the above finding. 2. The City Council hereby establishes one Municipal Court as a Court of Record to prov~de a more efficient disposition of appeals. The City Council finds that one Court of Record is necessary at this time to dispose properly of the cases arising within the City. 3. This Municipal Court of Record is established pursuant to the authority granted in House Bill 1879 of the 70th Legislature (1987) and the terms of such legislation are adopted governing the operation of said Court. 4. ¡ne qUëlified voters of the City shall vote upon the method of selection of the Judge of the Court created herein on the next uniform election date following passage of this ordinance for which sufficient time elapses for the holding of an election. The election shall be pursuant to resolution or ordinance of the City Council vlhich prescribes the date of election, form of the ballot, and places of ballotin9. Such ordinance or resolution shall also appoint the officials to conduct the election. 5. 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 necessary to dispose properly of the cases arising in the City. 6. The Municipal Court of this City shall become a Court of Record from and after the first day of October, 1989. ~ , i J j ¡ j j . ,:'" I ; J ì I I j j ì ì ...... 1 ] Ore i ~è:¡ce :'io. Page 2 ..,.,...,... ~:;.:::.- PASSED AND APPROVED this 28th day of August, 1989. APPROVED: ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City . , _ L' " - Tommy Brown - Mayor CASES APPEALED A dramatic difference is obvious in the number of appeals from Municipal Courts of Record. Currently, there are eight (8) active Municipal Courts of Record in Texas. The following shows the cases filed and appealed from these courts. In these courts, appeals are based on alleged error of the trial court only, not trial de novo: RATIO OF APPEALS COURT CASES FILED CASES APPEALED TO CASES FILED Wichita Falls 69,202 0 0 Midland 183, 180 0 0 Houston 1,058,296 824 1 out of 1,284 Sweetwater 2,295 0 0 E1 Paso 433,810 502 1 out of 864 Lubbock 119,515 13 1 out of 9,193 Longview 53,590 0 0 Ma rsha 11 3,322 2 1 out of 1,661 1989 Tickets Appeals ArnOlmts of Appe1as Jan 361 15 $I ,854.00 Feb 303 41 3,480.00 Mar 361 34 3,217.00 Apr 648 57 5,918.50 May 624 57 6,279.00 June 539 79 7,203.00 July 450 127 8,434.00 Aug 431 92 6,782.00 Sept 386 93 7,441.00 Oct 428 85 6,049.50 Nov 587 70 5,882.00 Dec 805 112 11,302.50 1990 Jan 726 132 10,852.50 Feb 614 152 11 ,546. 50 rorAlS 7,263 1,146 $96,241.50 Appeal for Last of February and first of March, were appealed by the following Attorneys, Mallory 70 Lollar 18 Stigler 10 Other 5 Total 103 () () o PLAN FOR COURT OF RECORD PURPOSE The purpose of this report is to establish a plan for a Municipal Court of Record. BACKGROUND This project was identified by the Municipal Court as a primary goal of the court operations. Establishment of a court of record is necessary to reduce the number of frivolous appeals taken from the Municipal Court and forwarded to the Tarrant County Criminal Courts. These unwarranted appeals abuse the criminal justice system and negate local enforcement efforts of the police department, fire department, and code enforcement personnel. CURRENT OPERATIONAL STATUS Jurisdiction misdemeanors Ordinances. maximum fine of the Municipal Court is limited to Class "c" arising from violations of State Laws and City Typically these violations are infractions where the may not exceed $200. Presently the North Richland Hills Municipal Court is limited to operating without benefit of recorded transcript of proceedings. Therefore, all cases originating in this court have the automatic right of appeal. The defendant does not have to show cause or error on the part of the Municipal Court proceedings in order to appeal. CASE DISPOSITION ON APPEALS Tarrant County Criminal Courts have original jurisdiction on all Class "A" and "B" misdemeanor cases filed within Tarrant County. Additionally, all Class "C" misdemeanor cases appealed from each of the county's municipal and justice of the peace courts are added to the case load. Docket priority is given to the more serious Class "A" and "B" offenses. Between October 1, 1987 and September 1988 Tarrant County Criminal Courts received 2,186 appeals from the North Richlahd Hills Municipal Court. Of those cases 98% were dismissed. IMPACT ON ENFORCEMENT ACTIVITIES The majority of all cases filed in the Municipal Court are traffic related offenses. Extensive city resources are directed to traffic problems within this community. The inability of the courts to uphold enforcement activities negates regulatory efforts. Violators have no stimulus to correct poor driving habits. rj,- r r Q' Page 2 The city has worked diligently to establish ordinances promoting the general health and welfare of the community. Extensi ve manpower is allocated to ensure compulsory compliance with fire safety and uniform construction standards. Failure by the courts to carry out judgment reduces the overall protection for the community. Cases dismissed on appeal which would normally be expected to have produced a conviction resulted in an estimated direct revenue loss to the city of approximately $218,600 last fiscal year. Additionally, the wasted personnel time and effort expended to process these cases add an additional burden to a strained budget. ESTABLISHMENT OF COURT OF RECORD City Council would be required to approve a new Municipal Court Chapter to the City Ordinances establishing a Municipal Court of Record. The city shall call an election to determine the method of selection of the Judges of the Municipal Court of Record. The qualified voters of the city would vote on the question of electing or appointing the judge of Municipal Court of Record. IMPACT A North Richland Hills Municipal Court of Record will greatly enhance the City's ability to maintain local jurisdiction and control over violations occurring within this community. The "loop hole" for frivolous appeals will be closed, as defendants will be required to show error on the part of the Municipal Court before an appeal could be pursued. Cases appealed to Tarrant County Courts are anticipated to be reduced from approximately 2,186 cases annually to less than 5 cases annually. The number of jury and non-jury trials heard by the Municipal Court is expected to increase from approximately 7,000 cases annually to an estimated 9,500 cases annually. Revenue gains the first year are expected to return approximately $150,000 to $200,000. Second years revenues are anticipated to return $215,000 to $225,000. Each successive year is expected to enhance revenues by approximately $35,000. RECOMMENDATION The Municipal Court Judge and Court Clerk recommends that City Council approve the plan for establishment of a Municipal Court of Record. r . a ADDITIONAL INFORMATION In preparing a report for a Court of Record I checked with the Municipal Court of Record for the cities of Ft. Worth and Garland. The information I received for each city is listed separately on the follow~ng pages. . . . FT_ WORTH COURT OF RECORD On July 20, 1989 I met with Court Clerk Lonnie Munoz. Mr. Munoz stated they began the Court of Record on November 9, 1985 with municipal appointed judges. Prior to becoming a Court of Record 27,600 cases were appealed in one year. Since becoming a Court of Record only. five cases have been appealed. The court had 22,927 cases filed in the month of June 1989 and of those 13,500 were traffic, 7,400 were parking, 1,980 general complaints and approximately 5,000 requests for court settings. I was advised that 50 cases were set per docket hour. It takes four or five days to prepare a case for court with a back log of 90 days. The court has a þailiff and clerk assigned to each court. I was advised that a court reporter is not needed unless the case is appealed. The defendant is required to pay the court reporter for the transcript of the hearing. If the defendant indicates to the judge that he/she cannot pay and the judge determines that they are indigent the city will be responsible for the transcript. He also stated that only the trial dockets would be electronically recorded. There is no requirement to record pre-trial hearings and plea dockets. I also found that there were very few jury trials. The majority of cases were either deferred, defensive driving, teen court requests or bench trials. One problem Mr. Munoz did not foresee when becoming a Court of Record was maintaining court records indefinitely. Ci tations cannot be purged and space then became a problem. The City of Ft. Worth has five day courts and one evening court. The evening court does not hear jury trials. . . - GARLAND COURT OF RECORD The Municipal Court of Garland is now processing about 6,000 to 7,000 cases monthly. They began processing cases as a Court of Record on May 17, 1988 with appointed judges. Pre-trial hearings are held three days a week with 150 to 200 cases per day. One day a week is for bench trials with 13 to 14 cases. There are very few requests for jury trials. All trials are recorded. No court reporter is on staff nor under contract. There is a bailiff and clerk in all court sessions. The City of Garland has had no problem with maintaining records since becoming a Court of Record. The only problem is regulating court cases. Prior to becoming a court of record they had approximately 24,000 cases appealed yearly. Since becoming a Court of Record there have been no appeals. They have a back log of about two and a half months. Q . . ADDITIONAL EXPENDITURES FOR CONVERSION OF MUNICIPAL COURT TO A COURT OF RECORD 1 Judge - Additional settings contract 1 Court Reporter - Contract 1 Bailiff (Deputy Marshal) plus benefits 1 Docket Clerk plus benefits 1 Prosecutor Jury Expense Supplies/Postage Capital outlay: 4 desks 1 P.C. 4 chairs 1 calculator 4 telephones Sound System 4-Track Recorder/Transcriber 1 two drawer cabinet for cassette storeage 1 software jury listing GRAND TOTAL $ 15,000. 5,000. .~ 19,368. 35,000. $104,991. 10,000. 10,000. 4,000. 2,94l. 800. 200. ~ 8,038. 3,56l. 300. 500. $41,140. $146,131. First year budget for conversion of Municipal Court to a Court of Record. o - . . -FISCAL SUMMARY REPORT FOR 1987-1988 A summary of the Municipal Court of North Richland Hills for the fiscal year of 1987-88 begins with a total of 11,835 cases being processed. . There were 2,186 cases appealed to Tarrant County. The Municipal Court set 3,983 cases on the Plea Docket and 1,005 cases on the Trial Docket. Court sessions are held once a week for both the plea and trial hearings. A bailiff and clerk along with the municipal jUdge are present at these hearings. At this time there are 10 to 15 cases set on the Trial Dockets and 100 to 150 set on the Plea Dockets with a back log of one and a half months. .- I have also checked with Greg Oldenburg of Citicable 36 on the sound equipment needed for the auditorium. I also checked with Comcast Communications, Inc. and Lanier Voice Products. I have attached a copy of the proposal from Comcast and Lanier to this report. I did take advise from Greg Oldenburg on the actual needs and added these figures to the cost analysis report. I hope this information will help in your decision to become a Court of Record. Respectfully submitted, ~~ {/ B~ McCorkle Court Administrator . . c) Ms. McCorkel it was a pleasure to meet and talk with you. Below is a list of the necessary eqiuprnent to start you on your court recording endeavor. 1 Advocate IV $2595.00 Advocate N Transcriber 865.00 4 Unidirectional Mic w/stand 600.00 Cassette Eraser 35.00 1 Standard Cassette (box of 12) 66.00 . TOTAL 4161.00 Monthly Municipal Lease 89.09 . . COO ~I~"" SOUND COMM UNICATlONS.INC. -:;'_dy 13. 1989 City Of North Richlõnd Hills 67~O N.E. Loop 820 North Hiehland Hills. Texas 76180 JJls. Me Cork Ie Dear Ms. Me Cork]e The Following proposal 1S for a Sound Reinforcement System in your Court Rc·c,m. Equ:i proeflt Propo~:ed: QTY 1 1 . 1 -, .:J 3 " c' 1 l~ðteri a 1 ~.Toa A-903 30 Wõt t l,mp Ii f i er- X v..7hi te Instruments 4650 Equa 1 izer ( , JEL 7510 Automatic Microphone Mixer? * Nady LT 201 -wire 1 ess mi crophone ~ Shure SM99 Gooseneck-mount microDhone \ - - ~SpE:-a}.:ers &, Square Gr ill s . Remote Recol-der input (/r~ <I ,~....cl.- ~-lu.l/ J¡<tk/I-r::. . e-- Ot!,è/¿¡/"r;<. ·t)CI(: ./ f./' Gre.7)- 4t-th 1l7,'" S/J~f!ðT- 1,',.,/,/{fs Total Equipment & Labor Less Tax $ 8.038.00 We ap~\recjate the (1pportunit.y to subm tour pJ-oposal. Shculd )TOU he\~e ~ny questj,jns, please feel free to CE: 1 mE- E:t :::17-335-2S?2, SirlCer'€ 1)', CŒ1CAST SOUND COI·E1tJNICATIONS INC. c~¿, ð 124/Z£~.--- Dale Bearden Mõrketing Executive . 1813 East LancasTer Fort Worth, iexes 76103 817-335-2Ç'22 buHalo Coloraao Springs Dalla~IFt. Worth Denver Detroit Fort Woyne Hartford Indi::J:1opolis Moline Orl::Jn::!o Pe<)rio Philadel::>hic Son Di€Qo S:::ro:1tan 1yler 1/,'0:::0