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Home My WebLink AboutOrdinance 0124 ,2J ü') <e( w a.. ~ ... ~ ::J '- œ o o m ORDINANCE NO. 124 ((t~ AN ORDINANCE AMENDING ORDINANCE NO. 31 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND PROVIDING THAT AFTER THE AMENDMENT THEREOF SAID ORDINANCE SHALL READ AS HEREINAFTER CON!AINED AND SET FORTH; ESTABLISHING A CORPORATION COURT, DEFINING ITS JURISDICTION AND PROVIDING ALL FINES, COSTS AND SUMS COLLECTED UPON JUDGMENTS OF SAID COURT SHALL BE PAID INTO THE CI'fl'L TREASURY; PROVIDING FOR PRACTICE AND PROCEDURE IN SAID COURT: PROVIDING FOR A SEAL FOR SAID COURT AND PRESCRIBING THE NATURE, DESCRIPTION AND USE THEREOF; PROVIDING THE CITY SECRETARY SHALL BE THE CLERK OF SAID COURT AND PRESCRIBING THE DUTIES AS SUCH CLERK AND FURTHER PROVIDING FOR THE PERFORMANCE THEREOF; REGULATING PROCEEDINGS OF A CRIMINAL NATURE IN SAID COURT, THE ISSUANCE AND SERVICE OF PROCESS BY AND OUT CF SAID COURT, AND THE TAXING ANÐ COLLECTION OF FEES AND COSTS, THE DISPOSITION THEREOF, AND THE MANNER AND METHOD OF ENFORCEMENT OF THE JUDGMENTS AND ORDERS OF SAID COURT; PROVIDING FOR THE APPOINTMENT OF A CITY JUDGE BY THE MAYOR AND CONFIRMATION BY THE CITY COUNCIL, DRESCRIBING HIS QUALI- FICATIONS, TERM OF OFFICE, DEFINING HIS POWERS AND DUTIES GENERALLY, AND FURTHER PROVIDING, IN THE EVENT OF HIS DISQUALIFICATION OR A3SENCE, FOR THE APPOINTMENT BY THE MAYOR OR MAYOR PRO TEM OF SOME QUALIFIED PERSON TO~T AS SUCH, AND FURTHER PROVIDING FOR COMPENSATION OF SAID JUDGE AND/OR SUBSTITUTE; DROVIDING OFR THE QUALIFICATION, SUMMINING AND COMPENSATION OF JURORS SERVING IN SAID COURT; PROVIDING FOR APPEALS TO THE COUNTY CRIMINAL COURTS AND PRESCRIBING THE LAWS AND RULES OF PRACTICE AND PROCEDURE APPLICABLE TO SUCH APPEALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ANY AND ALL LAWS HEREAFTER PASSED AND ADOPTED BY THE LEGISLATURE OF THE STATE OF TEXAS REGULATING, AND/OR INCREASING THE JURISDICTION CF CORPORATION COURTS; PROVIDING FOR THE H.EPEAL OF ALL OnDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: CONTAINING A SAVING CV.U3E; AND PROVIDING AN EFFECTIVE DATE. '" '" <I' ~ .!ß1 . , .~~ L ~ tú i",\ v, <iC wJ c.. ~ ~ :) æ o () CO --ç--- Except as may be herein otherwise provided, the laws, rules, and regulations now in force regulating complaints in criminal cases in Justice~ourts shall apply to and govern complaints in the North Richland Hills Corporation Court. Section IV. Said court shall ahve a seal upon which shall be engraved a five-pointed star with the words "'Corporation Cburt, North Rich:band Hills, "encircling s~id star, and the imprint of said seal shall be affixed to all process except subpoenas issued out of said court, and shall be used to authenticate the official acts of the City Secretary as Clerk of said Court, and of the City Judge as Judge thereof. Section V. The City Secretary is hereby constituted the Clerk of said Court, and it shall be his or her duty to keep a record and minutes of all of the orders and proceedings of said court, and to ~lect and receive all fines and costs and fees imposed in said court, and to Day the same over to the City Treasurer. Seftion VI. All prosecutions and proceedings of a criminal nature in said court, whether under a City Ordinance or under a State Penal Statute, and all process issued out of said court shall run in the name of the State of Texas, and all such process shall be executed and served by the City Marshal, Deputy Marshal or City Police Officers under the rules and regulations provided by law for service by Sheriffs and Constables of process issued by County Courts, ~ insofar as such rules and regulations are applicable to process from the Corporation Court of North Richland Hills, and there shall be taxed against and collected of and from each defendant in case of his conviction in said court not on a plea of guilty the same costs and fees for the City Judge and for the Marshal, Deputy Marshal of City Police Officer, and also for the')rosecuting attorney, as are now provided b~ law for the Justices and Constables and for the County of District Attorney, respectively, in criminal cases in Justice Courts; and for the City Secretary acting as Clerk there shall be taxed and collected the same fees and cost~ as are now allowed by law to the Justices of the Peace for like services in criminal cases in the Justice Courts, and such fees and costs shall be paid into the City Treasury and disposed of as the Counc il shall direct. On a plea of guilty, the City Judge may in his discretion, remit the costs and impose a fixed am0unt by way of fine. The judgment of said court shall be enforced by imprisonment of any defendant or defendants adjudged guilty therein until the fine, costs and fees assessed against such defendant or dèfendants shall have been paid, or until the same shallmve been satisfied at such rate per day during imprDsonment as the Council may provide, and any such judgment may also be enforced by execution against the nroperty of the defendant of defendants adjudged guilty therein. Section VII. Said court shall be presided over by a judge who shall be known as the City Judge. Said officer shall. appointed by the Mayor and confirmed by the City Council and shall be a resident of the City. He shall hold office for two years fromi the date of his appointment unless sooner removed by the Council on account of his services not being satisfactory, of which matter the Council shall be the sole and exclusive judge, and their action regarding the s~me shall be final and their action regarding the same: shall be final. He shall have full power and authority to enforce all process of said court, and to punish witnesses for failing to obey subpoenas and to compel their attendance by process or attachment, and to Dunish all contempt of his court by fine or imprisonment or both. He may require of all persons arrested for offenses committed in the territorial limits of the City a bond or bonds for his or their appearance before said court, and no such bond shall be taken except it be executed by the person in whose behalf it is made, and with two or more good and sufficient sureties to be approved by the City Judge, and all bonds œken in proceedings in said court shall be payable to the City of North Richland Hills. The City Judge shall have power and authority to administer official oaths and affirmations, and to give certificates thereof, andàther the judge or the City Secretary acting as ex-officio clerk of said court shall have full power and authority to issue sUbpoenas,writs of capias, search warrants, executions, and all other process known to the law which the Justice Courts are by law authorized to issue in similar a cases. If for any cause the City Judge shall temporarily ~a'Íl ~o act, or should he for any reason be disqualified or for any reason be absent, then and in such case the Mayor or, in his absence, inability or disqualification, the Mayor Pro Tern of the City is hereby authorized to appoint some qualified person who shall act in the place and stead of the City Judge, and who shall have all the powers and discharge all the duties of said office, and shall receive the compensation therefor accruing while he is so acting. The City Judge shall receive such compensation as may be determined by the Council by resolution passed and approved and filed in the Office of the C~ty Secretary at the time of his selection to fill such offic~. Section VIII. All jurors in said court shall be residents of and qualified voters within the corporate limits of the City of North Richland Hills, and shall be otherwise possessed of all qualifications required of jurors in County Courts, and they shall be summoned and selected by the city marshal, Deputy or City Policeman, or under the direction of said Marshal, or Chief of Police, from the qualified voters residing within the corporate limits of said city. ® ~ f~ ~ ¿,. ~ "gJ U) < t,tJ 0.. ~ :E :) a:: o o 00 (i-~) :. i~ !( î,¡¡~1 ~ ¡£;.", ~ Ld !'.t) :J. uJ Q,. clj ::E ....... ...J æ o o m Section IX. Appeals to the County Criminal Courts, of Tarrant County from convictions in said Corporation Court of North Richland Hills shall lie in all cases, and such appeals shall be governed by the same laws, rules of practice and procedure and regulations as are now provideà by law in such cases of appeals from Justice Courts to the said County Criminal Courts insofar as said laws, rules and practice of procedure and regulations arce applicable. Section X. That this ordinance and the terms and provisions hereof are hereby declared to be cumulative of any and all laws that may now or hereafter be passed and adopted by the Legislature of the State of Texas regulating or increasing the jurisdiction of Corporation Courts of all cities, towns and villages as contained in and provided by the Laws of the state of Texas. Section XT~ That all ordinances and parts of ordinances in conflict herewith be, and the same are hereby, repealed and shall be of no further force and effect uþon the passage and adoption hereof. Section XII. That if any word, group of words, sentence, clause, subdivision, provision and/or section hereof should for any reason be held unconstitutional or invalid, such holding shall not in any way or manner affect the remåmming parts, provisions and sections hereof, but same shall in all things and respects remain in full fODce; and effect. Section XIII. That this ordinance shall be and become effective immediately upon its adoption and passage and publication as required by law. APPROVED, PASSED AND ADOPTED This 9th day of November, A.D. 1964, there being 5 Councilmen present and 5 Councilmen voting for the passage and adoption hereof and o Councilmen voting against the passage and adoption hereof. Mayor ATTEST: Secretary LEGAL AFFIDAVIT THE STATE OF TEXAS: TEXAS COUNTY OF TARRAN T Before me, the undersigned authority on this day personally appea:r:ed JAES DIAL known to me to be a credible person, who first being sworn, deposed and upon her oath said: That she is the BYKP T\'!::¡'1T~T("' 1't:"l" ^ "-J of the ",. ..) . ,.,~., , a newspaper which has been regularly and continuously published and of general circulatidtI-in the City/Town of HURST , for a period of more than one year next preceding the first publication of the attached L~GAL NUT I OS and that he caused said notice to be published in said newspaper on the following date/so L2/27 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said NS',!S TEXAN Sworn to and subscribed before me, this theAday of~, 1~6L ~.. ublic, TARRANT County, Texas . ÎJ¡;r~~0~- ATTACH LEGAL COPY HERÈ ,'¿' ". Legal r~ once - Î --:..:.. NOTICE OF PASSAGE AND ADOPTION OF ORDINANCE NO, 124 OF THE CITY OF .~ORTH RICHLAND HILLS, TEXAS, AMENDING ORDI- NANCE NO. 31 OF SAID CITY Notice is hereby given that the City Councll Of North Rich- land HllIs. Texas. at a reguIli,r session theroof held withIn the corporate limits of did City on the 9th day of Novem- ber, A.D. 1964, duly passed and adopted Ordinance No. J24 of said City amending Ordi- nance No. 31 of said City theretofore. passeØ and adopt- ed by the governing body of said City. said ordinance es- tablishing a' Cor p 0 ration Court. defining the jurisdic- tion of said court. and that such Court shall have power tc assess fines not to exceeå $200.00¡ providing for thedls- position of aU fines and reve- nue of said Court¡ providÌng for practice and proce.E' in said COU~¡lprov1dinga!,al for said Cou'rt and the na_, description a"<\.~ th I providing said Cit)' S~cr shall be the' Clerk !~of . ' Court, prescribing t+i': '.. ... s ~n:n::ov~~~n;e:~r t~~l"in;' proceedings ot a crt . nil" - tUn!, the issuance vice of process!, ta collection of fee, a df~sition ~therêbf. ma~r an1l~, t - ! forcement sand ' order" oti. .. rovld -¡ I ing. f.o.r '.. the....a ptJoil1;tment of a I' Ci~ge bY.t'IW Mayor and, co' tiQtJ¡bythe City Coun- I cil"préscribtng his qualifica- i tions" term of otfice, defining his powers and duties general- ly ,and further providing in: the event of his d.squalifica- :~~n~bS:;c;he to~~:r a~; II ~6r Pro Tem ot iÞmequa- " li1't~person to act\'\s~UCh, am fJrther provtdmg ~9tLthe CÓínpensation of satdlltidge and substitute¡ ~r pro- I, Vtding for the qua'1 ations,' "šlrIWoning' and n8Jtton ;_Jijutorsser ,in kid ;~ftJ ~further p for ,appeals to the Co i- ... ourts and pre the " and Rules " ". tice . ,ced'Qre app1åbÎe to -Weals¡ furthér provid- mg såid ordinançe Sbanbe ~.~~~~ ' ~~ 9t..,'-Pexa.s, re and/or "increltlSing tbe ton ot' CorpOration çfµri8¡~r providing for t~'repêa1 òfàn ordinø.nces at.\l¡l ~rts Oførdi-" nan~ ..in coqJtct. the~with~. con~ñg á' savings çlause ' and i said ordinance, s me effective '. ';its passage ut1'8d by . " NY WHEREOF, . . > signature of the' ..~~ said City, the at-' >_reof by the City and affixing of ~. '.seal of said City on .. day ot NQvember, 4. . Is/ John p. Hunter, or, North Richland Hf~exas I ,¡, ATTEST: /s/ Rita Clower .~ Hv ~o"....a.+t".I.....u Legal !~ once -- ...--,- - NOTICE OF PASSAGE AND ADOPTION OF ORDINANCE NO, 124 OF THE CITY OF ~OI~TH RICH LAND HILLS, TEXAS, AMENDING ORDI- NANCE NO. 31 OF SAID CITY Notice is hereby given that the City Council of North Rich- land Hills, Texas. at a regular session thereof held within the corporate limits of said City on the 9th day of Novem- ber A.D. 1964, duly passed and' adopted Ordinance No.124 of said city amending Ordi- nance No. 31 of said City theretofore passed and adopt- ed by the governing body of said City, said ordinance es- tablishing a Cor p 0 ration court, defining the jurisd1e- tion of said court, and that such Court shall have power tc assess fines not to exceeQ $200.00; providing forthedis- position of all fines and reve- nue of said Court¡ providing for practice and procedure in said Court; providing a seal for said court and the nature, description and use thef~f¡ providing said City secret~,~ shall be the Clerk of said' Court, pn'scribing the duties and providing for the perfor- manc~~ thereof; regulating proceedings of a criminal na- tUI"e, the issuance and ser- vice of process, taxing and collection of fees and costs, disposition ·thereof and the manner and met\1od of en- forcement of judgments and orders of said Court; pro':!.'J. ing for the appointment of 2 City Judge by the MaYl.r ant confÚ'mation by the City COl:Q¡ ciI, prescribing his quaIific-i tions, term of office, defin~ \' his powers and duties gener:- ly, and further providing I , the event of his disquaIific, i tiol1 or absence, tor the at,', poJ!'tment by the Mayor or M~yor Pro Tern of sOme qua- lüNed person to act as such and further providing for th~ compensation of said Judge and substitute; further pro- .viding for t~e qual}tications, summoning and compensation 'ot jurors serving in said Court¡ further pro~ing for ,appeals to the CoUnty'Ctimi- na;l Courts and preséribing th<' 'La,ws and Rules of,,¡>ractice and Procedure applicable to such appeals¡ further provid- ing said ordinance shall be ~u.~ulative of ~ny ..~~ al1j{iWS nereafte r Þa§sed¡,>aij!1 ad6þted by the LegislatùrlJ oj;the State of Texas, regulating and/or increasing the jurisdiction of Corporation CourtS¡ further I providing for the repeal of all ordinances and parts of ordi- I nances in conflict therewith~" containing a savings clause and providing said ordinance. S~ and become effective tr9" ". nd after its passage _ ' llcation s required by 1a~~."~ !i;';' .." NY WHEREOF, the signature of the' Ma,vor of said City, the at- testing hereof by the City sJcretary and aftixing of the o~ial seal of said City on' this¡',l'ith day of November. A.It1964. ',~~:\ /s/ John p. Hunter, Mayor, North Richland Hills, Texas I ATTEST: /5/ Rita Clower