HomeMy WebLinkAboutOrdinance 0031
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ORD INANCE NO. ..1/
AN ORDINANCE ESTABLISHING A CORPORATION COURT, DEFINING
ITS JURISDICTION; PROVIDING THAT FINES SHALL BE PAID INTO
THE CITY TREASURY; PROVIDING FOR PRACTICE AND PROCEDURE;
COMPLAINTS; SEAL; DUTIES OF THE CITY SECRETARY AS CLERK;
REGULATING PROCEEDINGS OF A CRIMINAL NATURE; PROCESS;
SERVICE OF PROCESS; FEES; ENFORCEMENT OF JUDGMENT BY
IMPRISONMENT; PROVIDING FOR A CITY JUDGE TO BE APPOINTED~
BY THE COUNCIL, HIS QUALIFICATIONS, TERM OF OFFICE, POWERS
AND DUTIES GENERALLY; BOND OF PERSONS ARRESTED; ISSUANCE
OF SUBPOENAS, WRITS AND OTHER PROCESS; COMPENSATION, QUALI-
FICATION AND SELECTION OF JURORSj PROCEDURE FOR APPEALS TO
THE COUNTY COURTj AND PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF GENERAL LAWS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLANO
HILLS, TEXAS:
Section 1. Creation, Jurisdiction, Fines paid to City.
There is hereby created and establ ished a court to be held
in the City of North Richland Hills in Tarrant County, Texas, which
shall be known as the Corporation Court of the City of North Richlaro
Hills, and said court shall have jurisdiction within the territorial
limits of said city of all the criminal cases arising under the
ordinances of said city; and it shall also have jurisdiction concurrently
with the Justice of the Peace of the precinct or precincts in which
the city is or may be situated of a II criminal cases arising under
the penal laws of the State of Texas where the offense was committed
with i n the territorial 1 imits of saidcity, and the punishment is by
fine, and the maximum of said fine under the laws of said state may
not exceed $100.00. Said court shall have no civil jurisdiction
except for the forfeiture and collection of bonds given in case of
proceedings pending therein; providing, however, that if by general
law of the State of Texas the jurisdiction of corporation courts of
town& and cities is enlarged so as to give concurrent jurtsdiction
of said courts over misdemeanor cases with state courts, that such
jurisdiction as so enlarged shall attach to said city court. All
fines collected upon judgments rendered in said court shall be paid
into the city treasury for the use and benefit of said city.
Section 2. Practice and Procedure, Complaints, Seal, Duty of
City Secretary as Clerk.
There shall be no terms of said court and said court shall
be open on such days and during such hours as the City Council shall
hereafter determine by resolution duly adopted and filed in the
office of the city secretary, and all appl icable rules relating to
process, pleading, practice and procedure now establ ished for the
county courts of Texas shall apply in said corporation court of
North Richland Hills, except that all crimina] proceedings and pro-
secutions in said last named court shall al] be commenced by compJaint
which shall run in the name of the State of Texas and shall conclude
"against the peace and dignity of the state;11 if any offense is
charged under an ordinance of the city the complaint may also con-
clude "against the ordinances of said city in such cases made and
provided.!! Every complaint filed in said court shall be verified
by affidavit and such complaint may be sworn to before the mayor,
the city judge or the city secretary, and for the purposes aforesaid
each and every one of such officers is hereby empowered to adminis-
ter oaths, or such complaints may be sworn to before any officer
authorized by law to administer oaths. Except as may be herein
otherwise provided the rules and regulations now ;n force regulating
compJaints in criminal cases in justice courts shall apply to and
govern complaints in the North Rich]and Hills Corporation Court, which
said court shall have a sea] upon which shall be engraved a five-
pointed star with the words "Corporation Court, North Richland Hills,"
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, and said city secretary is hereby
constituted the clerk of said court, and it shall be his duty to
keep a record and minutes of all the orders and proceedings of said
court, and to collect and receive all fines and costs and fees
imposed in said court, and to pay the same over to the city treasurer.
Section 3. Criminal proceedings; process to run in name of state;
service of process; fees; remission of costs; enforcement of judgment
by imprisonment.
All prosecutions and proceedings of a crimina] nature in
said court, whether under a city ordinance or under a state penal
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statute, and all process issued out of sa id court shal I be run in
the name of the State of Texas, and aJI such process shalJ be exe-
cuted and served by the city marshal or any of his deputies 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 appl icable to process from the corporation
court of North Richland Hills, and there shall be taxed against and
colJected of each defendant i n the case of his conviction in said
court not on plea of guilty the same costs and fees for the city
judge and for the marshal, and also for the prosecuting attorney, as
are now provided by law for the justices and constables and for the
city attorney respectively, in criminal cases in justice courts;
and for the city secretary acting as clerk there shaJl be taxed and
colJected the same fees and costs as are now aJlowed by law to the
justice of the peace for like services in criminal cases in the
justice courts, and said fees and costs shall be paid into the city
treasury and disposed of as the council shall direct. On a plea
of guilty the cJty judge may in his discretion, remit the costs and
impose a fixed amount 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 assèssed
against that defendant shall have been paid, or until the same shall
have been satisfied at such rate per day during imprisonment as the
council may provide, and any such judgment may also be enforced by
execution against the property of the defendant or defendants
adjudged guilty therein.
Section 4. City Judge, ejected by city counciJ; qual ifications;
term, powers and duties; bond of persons arrested; issuance of
subpoenas, writs, etc.; compensat ion.
Said court shall be presided over by a judge who shall be
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known as the city judge. Said officer shall beelÐGtod by the city
council and mayor may not be a resident of the city. He shall hold
office for two years from the date of his appointment unless sooner
removed by the council on account of services not being satisfactory,
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of which matter the council shall be the sole and exclusive judge,
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
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punish witnesses for failing to obey subpoenas and to compel their
attendance by process or attachment, and to punish all contempt of
his court by fine or imprisonment or both. He may require all
persons arrested for offenses committed in the territorial limits
of the city a bond or bonds for his or their appearances before said
court, and no such bond s ha 1) 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
taken 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 certi-
ficates thereof, and either the city 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 justice courts
are by law authorized to issue in similar cases. If for any cause
temporarily fail to act, then and in such case
absence, inability or disqualification, 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 sha 11 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, approved
and filed in the office of the city secretary at the time of his
selection to fill such office.
Section 5. Qual ifications and selection of jurors.
All jurors in said court shall be residents of and qual ified
voters within the City of North Richènd Hills, and shall be otherwise
possessed of all qual ifications required of jurors in county courts,
and they shall be summoned and selected by the city marshal or under
his direction from the qual ified voters in the city.
the city judge shall
the mayor or, in his
mayor pro tem of the
Section 6.
Appeals to county court'procedure.
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Appeals to the county court of Tarrant County f~om con-
victions in said corporation court of North Richland Hills shall
1 ie in all cases, and such appeal s shall be governed by the same
rules of practice and procedure as are now provided by Jaw in such
cases of appeals from a justice court to the said county court inso-
far as sa id rules are appl icable.
Section 7. Cumulative of General Laws.
The foregoing six sections are hereby declared to be
cumulative of any laws that may now or hereafter be passed by the
Legislature regulating or increasing the jurisdiction of corporation _
courts in cit ies incorporated under general law. {f/J? fyJ.-rÞ;//7JJ/..Jd! J-'d /"./Á-PÎ"
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APPROVED AND ADOPTED by a vote of If yeas and ..!:::..- nays
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on this the cl day of August, 1957.
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APPROVED this -ลก" August 1957.
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