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HomeMy Public PortalAboutOrdinance No. 684-93 03-09-1993 • ORDINANCE NO. 6 8 4 AN ORDINANCE CREATING A MUNICIPAL COURT OF RECORD IN THE CITY; PROVIDING THAT AN ELECTION SHALL BE HELD TO DETERMINE THE METHOD OF SELECTING THE JUDGE OF SAID MUNICIPAL COURT OF RECORD; SETTING FORTH THE TERM OF THE JUDGE OF THE MUNICIPAL COURT OF RECORD; PROVIDING QUALIFICATIONS FOR CANDIDATES FOR JUDGE OF THE COURT OF RECORD, CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Richland Hills, Texas finds, after study, that appeals from the Richland Hills Municipal Court are not receiving efficient disposition in higher courts, and, in fact, that the majority of said appeals are being dismissed; and WHEREAS, the City Council finds, after study, that the formation of a municipal court of record is necessary to provide a more efficient disposition of appeals from the Richland Hills Municipal Court; and • WHEREAS, the City Council desires, by this ordinance, to create a municipal court of record for the City of Richland Hills, and to set forth the term and qualifications of the judge thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That there is hereby created a municipal court of record in the City, to be known as the Richland Hills Municipal Court of Record. II. The municipal court of record created hereby shall be presided over by a municipal judge. Said municipal judge shall be either elected by the qualified voters of the City, or appointed by the City Council, as determined by an election to be held on said proposition on May 1, 1993. III. Whether elected or appointed, the municipal judge of the Richland Hills Municipal Court of Record shall possess, as of the date of election or appointment, the following qualifications: A. The municipal judge must be a licensed attorney in good standing or a • judge who has served the previous five (5) years on a municipal court bench in the State of Texas; B. The municipal judge may not serve as such while holding any other office or employment with the City of Richland Hills, Texas; ORDINANCE NO. 6 8 4 PAGE 1 • C. The municipal judge must, as of the date of election or appointment, be a resident of a city with a population of 50,000 or less as of the most recent federal decennial census, and such city must be located, at least in part, within the boundaries of Tarrant County, Texas; D. The municipal court of record created hereby, the municipal court judge, the clerk of the municipal court and any other court personnel or assistants, shall all be subject to the provisions of Chapter 30, Subchapter P of the Texas Government Code, as same now exists or may hereafter be amended. IV. The municipal judge shall be entitled to a salary, in an amount to be determined by the City Council, which amount may not be diminished during the judge's term of office. The City Council shall set the salary of an appointed judge before his appointment and shall set the salary of an elected judge no later than two (2) weeks before the election filing deadline. V. The judge of the municipal court of record shall serve for atwo-year term, and, if elected, shall be elected at the general election for city officials in May of • each even-numbered year or, if appointed, shall be appointed by the City Council at its first regular meeting following the general election for city officials held in May of each even-numbered year. Provided, however, that the first judge of the Municipal Court of Record of the City of Richland Hills, Texas, shall be either appointed or elected in August, 1993, and his term of office shall begin on September 1, 1993, said initial term of office to expire in May, 1996. VI. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 invalid or unconstitutional phrase, clause, sentence, paragraph or section. VII. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas; provided, however, that the municipal court of record created hereby shall not come into existence until September 1, 1993. • ORDINANCE NO. 6 8 4 PAGE 2 PRESENTED, GIVEN FIRST RE/~DING AND APPROVED at a regular meeting of the Richland Hills City Council on the day of March 1993, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: C. F. Kelley, Mayor ATTEST: ~2Q~ Barbara Wright, Interim C' Secretary ~P'P'KD'~;ED AS TO FORM: ~ Paul F. Wienes ie, ity Attorney mlib234/031193/bh • ORDINANCE NO. 6 8 4 PAGE 3