HomeMy WebLinkAboutOrdinance 2631
ORDINANCE NO. 2631
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AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS CODE OF
ORDINANCES BY CREATING A NEW CHAPTER 16~; PROVIDING FOR A
MUNICIPAL COURT OF RECORD; PROVIDING FOR THE TERM, SALARY
AND APPOINTMENT OF A MUNICIPAL JUDGE AND FOR SUBSTITUTE
JUDGES; PROVIDING FOR ADDITIONAL JURISDICTION OF THE COURT
AND AUTHORITY TO ISSUE SEARCH WARRANTS FOR INVESTIGATING
HEAL TH, SAFETY AND NUISANCE ABATEMENT ORDINANCE
VIOLATIONS; TO ISSUE SEIZURE WARRANTS FOR THE PURPOSE OF
SECURING, REMOVING OR DEMOLISHING OFFENDING PROPERTY AND
REMOVING DEBRIS; PROVIDING FOR THE APPOINTMENT OF A CLERK,
DEPUTY CLERKS, AND OTHER COURT PERSONNEL; AND FOR THE
HIRING, DIRECTION AND REMOVAL OF PERSONNEL AUTHORIZED IN
THE ANNUAL BUDGET FOR THE CLERK'S OFFICE; PROVIDING FOR
JURY SELECTION TO BE SUPERVISED BY THE CLERK; PROVIDING THAT
PROCEEDINGS MAYBE RECORDED RATHER THAN PROVIDING A COURT
REPORTER; AND PROVIDING FOR A TEEN COURT AND A TEEN COURT
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Subchapter A of Chapter 30 of the Texas Government Code provides that the
governing body of a municipality may, by ordinance, create a municipal court of
record to provide for the appointment of one or more municipaljudges, temporary
replacements, for optional additional powers and jurisdiction, to provide for
appointment of a municipal clerk, and for an alternate method of recording
proceedings; and
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WHEREAS, the City Council has heretofore created a municipal court of record and desires to
implement the authorization of such cited Government Code provisions; and
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WHEREAS, the City Council desires to include in a new chapter dealing with municipal court
its previously promulgated provisions on teen court; NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND
HILLS, TEXAS:
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Section 1:
THAT the Code of Ordinances, City of North Richland Hills, Texas, is hereby
amended by adding a Chapter to be numbered 1612 which shall read as follows:
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"CHAPTER 16~
MUNICIPAL COURT
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Sec. 16~-1. Municipal Court of Record.
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A municipal court of record shall exist in the City of North Richland Hills, Texas, to be
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known as the Municipal Court of Record No. 1.
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Sec. 16~-2. Jurisdiction.
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In addition to the jurisdiction provided by general law for municipal courts and for
criminal cases arising under ordinances authorized by Sections 215.072, 217.042, 341.903 and
401.002, Texas Local Government Code, the Municipal Court of Record No.1 shall have
concurrent jurisdiction with the justice court in any precinct in which the city is located in
criminal cases that arise within the territorial limits of the City. The court also shall have:
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(1) civil jurisdiction for the purpose of enforcing municipal ordinances enacted under
Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683,
Transportation Code;
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(2) concurrent jurisdiction with a district court or a county court at law under
Subchapter B, Chapter 54, Local Government Code, within the municipality's territorial limits
and property owned by the municipality located in the municipality's extraterritorial jurisdiction
for the purpose of enforcing health and safety and nuisance abatement ordinances; and
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(3)
authority to issue:
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(A) search warrants for the purpose of investigating a health and safety or
nuisance abatement ordinance violation; and
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(B) seizure warrants for the purpose of securing, removing, or demolishing the
offending property and removing the debris from the premises.
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Sec. 16~-3. Judge.
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The Municipal Court of Record No.1 shall be presided over by one or more municipal
judges meeting the requirements of Section 30.00006, Texas Government Code. The term of
office of the municipal judges shall be for two years. Each such judge shall be appointed by
ordinance which shall also include the salary for the term for which such judge is appointed. If
a vacancy occurs during ajudge's term, the city council may appoint a person to fill the office for
the remainder of the unexpired term. The judge shall supervise and control the operations and
clerical functions of the court personnel during the proceedings of the court.
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Sec. 16~-4. Substitute Judge.
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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 such
appointees to serve during his absence. The substitute judge has all the powers and shall
discharge all the duties of a municipal judge while serving as such.
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Sec. 16~-5. Clerk, other personnel.
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The City Council shall appoint a clerk of the municipal court. The City Manager shall
provide in the annual budget for such other personnel, including marshals, deputy marshals,
deputy clerks, and clerical staff. The clerk and other court personnel shall perform their duties
under the direction of the municipal judge. The City Manager or his designee shall hire, direct,
supervise and remove all personnel authorized in the annual budget for the clerk's office, as he
or she deems appropriate. The municipal court clerk or his deputy shall supervise the selection
of persons for jury service.
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Sec. 16~-6. Recording.
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In lieu of a court reporter, proceedings in the municipal court shall, upon request, be
recorded by a good quality electronic recording as authorized by Section 30.000010, Texas
Government Code.
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Sec. 16~-7. Teen Court Established.
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There is hereby established 'The Teen Court of North Richland Hills, Texas.'
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Sec. 16~-8. Teen Advisory Board; Terms, Qualifications.
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A Teen Court Advisory Board ("Board") is hereby established, and shall be composed
of seven persons. The members serving in Places 2, 4 and 6 shall serve a term of two years with
said term to begin on October 1 st in even numbered years. The members serving in Places 1, 3,
5 and 7 shall serve a term of two years with said term to begin on October 1st in odd numbered
years. The members shall be as follows:
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Place 1
Place 2
Place 3
Place 4
Place 5
Place 6
Place 7
High School Student
General Public
General Public
General Public
General Public
General Public
General Public
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Sec. 16~-9. Appointment of Members of Board.
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The appointments to the Board may be made by the City Council Member who holds the
corresponding council place.
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Sec. 16~-10. Qualifications of Board Members.
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Place 1 on the Board shall be a resident of North Richland Hills who is a student at
Richland High School, Birdville High School, or Fort Worth Christian High School. Places 2
through 7 shall be residents of the City of North Richland Hills.
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Sec. 16~-11. Function of Board; Approval of Rules.
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The function of the Board shall be to approve practices and procedures of the Teen Court
as the 'Rules of the Teen Court of North Richland Hills.'
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Sec. 16~-12. Powers of Judge in Operation of Teen Court.
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In the event that any matter arises in the operation of the Teen Court which is not covered
by the said 'Rules,' the Municipal Judge is given the discretion to rule on such matters. Final
interpretation of the 'Rules' shall be within the province of the Municipal Court."
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Section 2:
This ordinance shall be in full force and effect immediately upon passage.
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AND IT IS SO ORDAINED.
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PASSED AND APPROVED this 24th day of June, 2002.
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CITY OF NORTH RlCHLAND HILLS
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Patricia Hutson, City Secretary
By:
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Oscar Trevino, Mayor
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Approved as t, form and legality:
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George A. Staples, Attorney
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