HomeMy WebLinkAboutOrdinance 3796 ORDINANCE NO. 3796
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, PROVIDING FOR THE APPOINTMENT OF THE CLERK
OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF
NORTH RICHLAND HILLS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL
OF CONFLICTING PROVISIONS; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills 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 City Council has adopted regulations governing its Municipal Court
of Record in Chapter 58, Code of Ordinances, City or North Richland
Hills, Texas, as amended; and
WHEREAS, Chapter 30 of the Texas Government Code and Section 58-35 of the
City Code of Ordinances relating to municipal courts of record provide
that the City Council shall provide for the appointment of the clerk of the
Municipal Court of Record by ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: In accordance with Chapter 58, Article II, Section 58-35, the Code of
Ordinances of the City of North Richland Hills, Texas, as amended, the
City Council hereby delegates the authority to appoint the clerk of the
municipal court of record to the City Manager.
SECTION 3:The clerk of the municipal court shall have the power to administer
oaths and affidavits, make certificates, affix the seal of the Municipal
Court thereto, and otherwise perform any and all acts necessary in
issuing process of such Court and conducting the business thereof.
SECTION 4:The clerk of the Municipal court shall discharge the duties attendant
upon that position as prescribed by Section 30.00009 of the Texas
Government Code as amended, applicable state law, and the Code of
Ordinances of the City of North Richland Hills, Texas, as amended.
Ordinance No. 3796
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Specifically, the clerk of the Municipal Court shall:
(1) Keep records of the municipal courts of record;
(2) Issue process;
(3) Perform the duties exercising criminal jurisdiction for the court;
(4) Maintain an index of all court judgments to prepare for criminal cases
arising in the Municipal Court; and
(5) Conduct any additional duties as provided by the City Council
SECTION 5: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the
provisions of this Ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 6: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: 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 8: This Ordinance shall be in full force and effect from and after its passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 12th day of June, 2023.
Ordinance No. 3796
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CITY OF NORTH RICHLAND HILLS
By:
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Kelvin Deu ree, M or Pro Tern
ATTEST: = In
M a.tu ii4it;•id,,o,D .:-..-
Alicia Richardson, ,,,:(, io••: ',0�o�°�
City Secretary/Chief GoV 'rrran Officer
APPROVED AS TO FORM AND LEGALITY:
aleshia B. Mc Innis, City Attorney
RECO M NDED:
Karen Manila, Assistant City Manager
Ordinance No. 3796
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