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HomeMy WebLinkAboutOrdinance 0008 ORDINANCE NO. !l '-' AN ORDINANCE PROVIDING THAT THE CITY SECRETARY SHALL BE EX-OFFICIO CLERK OF THE CORPORATION COURT. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF NORTH RICHLAND HILLS: SECTION I. The City Secretary shall be the clerk of the Corporation Court, provided, however, that before entering upon the performance of such duties, he shall file with the Mayor a bond in the amount of $1,000.00 with good and s8fficient sureties not less than two in number, conditioned for the faithful performance and discharge of the duties of such office, and which bond, if found sufficient, shall be approved by the Mayor and kept on file in the office of the City Secretary. SECTION I I. "---~ This ordinance shall be effective from and after its passage. PASSED AND APPROVED this 7Ø~ day of ¡::-~br 1I;"¡8', 1954. Hi lIs Hi J J s ',-- AN AMEl\1DMENT TO ORD INANCE #8 Sub-section (a); Be it further orda&ned that the Clerk of the corporation Court shall appoint a deputy and the said deputy shall perform the duties of Clerk of the Corporation Court concurrently with that of the Clerk. ATTEST: AMENDED this i. d day OfJ~7 . 196¡/. ,L~y"¿ Ž 9C-L¿jJ , M~~ 0 /-) ~, -.: - LAW OFFICES CHRISTOPHER & BAILEY FORT WORTH 2. TEXAS T. B. CHRISTOPHER M. WARD SAlLEY February 18, 1954 CONTINENTAL LIFE BUILOINII FANNIN 2386 Hon. J. I. Watson 4217 Cummings Drive West Fort Worth, Texas Dear Sir: In connect ion with a"Corporat Ion Court" for Hi11s, you are advised: I believe there is contained In which you have Article 1194, which be known .. the 'Corporation Court i. required of the Council in the created by the .tatute. Under the provisions 0 119. Corporation Court is given jurisdiction within s 0 e town or vi1lage "in all crlmina1 cases arlsl ord nances of the said city town or vl))ag., dnd sha concurrent jurisdiction with any justice of the peace n any pr Inct In which said city, town or village is situated fn 11 al cases arising under the erlllinal laws of Stat eh punishment.. by fine only/' not to exceed S .00. Of co e you will understand that this latter jurlsdi on would apply only as to offenses committed within the cor rate Ilmi of the city. Richland u.. of Statute, rlls crea es "a court to the statute nothing of the Court. It Is We are not interested In Art. 1196, and Art. 1196(a) if contained In me of the statutes, has no application to North Riehland Hills. We are not Interested In Art. 1196 because I do not think that we would be Inter.sted In creating a separate office of City "Recorder", which Is just another n.... applied to the Judge who presides over the Corporation Court. This Is parti- cularly so in view of Art. 1197, which specifically erovides that in cltle. or towns such as ours, or In other words, not Incorpor- ated under special charter", the Mar.0r "shal1 be .x-officio recorder of the .corporation court,' unless the governinR body shall by ordinance authorize the election of a recorder, etc. It would be my thought that the Mayor should be ex-officio recorder of the Corporation Court, In otber words, the Judge of that Court. Although the statute does not require the Recorder or Judge to give a bond, f am of the opinion that the Council should by ordinance require the giving of a bond for a minimuM amcDó~,and I am enclosing copy of suggested ordinance for that purpose. Hon. J. W. Watson February IS, 1954 Page 2 Art. 1200 of the statute provides that. clerk may be elected for the Corporation Court. However, It allo provides that the COUftcl1 .ay provide "by ordinance that the city secretary shalJi,be ex-officio clerk of the said court,..." In this connection, while Mr. Lambert a.~me.ber of the Council has most conslderate1y given of his service. In acting as city secretary, I believe that It would be In order and more in keeping with the spirit and intention of the statute. that .e .hould name by appolnt.ent il we are authorized to do, a city secretary, and that we should then adopt an ordinance providing that such city secretary "be ex-officio clerk" of the Corporation Court. I enclo.e copy of sugge.ted ordinance for that purpose. W. probably should hold a special lIeeting at once for the purpose of pa..lng these ordinances. Yours truly, T. S. CHR'STOPHER TSC II nd cc: Mr. M. A. Ellenburg 7020 Turner Terrace Mr. R. F. lambert 4117 Cummings Drive West Mr. Jim 10rDlan 4405 Cuaœings Drive East Ir. Pau 1 Ku tile k 4208 CUMMings Drive West