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HomeMy WebLinkAboutOrdinance 9509 _, .. ORDINANCE NO. ~~ AN ORDINANCE REPEALING CHAPTER 12 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, AND ADOPTING IN ITS PLACE A NEW CHAPTER 12 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, ESTABLISHING MUNICIPAL COURTS OF RECORD; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THE ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; ` PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND NAMING AN EFFEC- TIVE DATE. WHEREAS, it is found and determined that the conditions of the dockets of the other courts of Tarrant County are such as to require the formation of Municipal Courts of Record in the City of Fort Worth in order to properly dispose of the cases arising in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That Chapter 12 of the Code of the City of Fort Worth, Texas (1964), as amended, establishing Municipal Courts of Record, is hereby repealed and a new Chapter 12 subsi-oituted, to be and read as follows: CHAPTER 12 COURTS Section 12-1. Municipal Courts of Record Established. Within the municipal court system established end created for the City of Fort Worth, in accordance with the terms, provisions, powers, duties and limitations as set forth in Article 1200 ff - 1, Revised Civil StatutCS of Texas, as amended (now codified in Title 2, Government Code), and in the Charter of the City of Fort Worth, Chapter VII, there are hereby created, established and designated five (5) municipal courts of record to be known as Municipal Court No. 1, Municipal Court No. 2, Municipal Court No. 3, Municipal Court No. 4 and Municipal Court No. 5. Section 12-2. Municipal Court Advisory Committee of the Council; Other Relationships Prohibited. (a) A municipal court advisory committee is hereby established and shall be comprised of four members of the City Council selected from and by the Council. The advisory committee shall act as the liaison between the Municipal Court Judges and the Council; and the advisory committee may make recommendations to the Council in all matters regarding Municipal Court. {b) Except as herein provided and by way of rein- forcing the provisions contained in Section 43-1 of Chapter 43, Code of Ethics, of this Code, it is hereby declared unlawful for any officer or employee of the City to be involved, directly or indirectly, in the defense of any person charged with the violation of an ordinance of the City or a criminal law of the state in or before the municipal courts of the City, except to give evidence in open court. , Section 12-3. Judges; Chief Judge; Chief Prosecutor. (a) Municipal Court Judges shall be selected and appointed or reappointed for a term of two {2) years, com- mencing April first of even-numbered years.. The appoint- ment or reappointment of substitute judges shall be for a term of one (1) year from the date of their appointment or reappointment and shall be initiated upon the recommenda- tions of the Chief Judge, concurred in by the municipal court advisory committee. (b) Unless otherwise directed by the City Council, the Chief Judge may prescribe such rules and procedures, not inconsistent with the laws of the state and ordinances of the City, as are necessary for the orderly trial of cases in the municipal courts; further, he or she shall direct the assignment of cases, matters or proceedings pending in the municipal courts; and further he or she shall prescribe the conditions under which the substitute municipal judges shall sit as judge in any of the munici- pal courts. (c) In order to coordinate the prosecution of all cases in the municipal courts and appeals taken therefrom, the City Attorney shall designate one of the Assistant City Attorneys as Chief Prosecutor. Section 12-4. Creation of a Department of Municipal Court Services; Creation of the Office of Director of Municipal Court Services; Duties of Director of Municipal Court Services; Creation of the Office of Clerk of the Municipal Courts. (a) A Department of Municipal Court Services is hereby established. It shall embrace all personnel and activities of the municipal court system except: (1) the judges who are directly under the cog- nizance of the City Council; (2) the Assistant City Attorneys assigned duties as prosecutors who are members of the Department of Law and under the cogni- zance of the City Attorney; (3) the official court reporter or reporters who are under the cognizance of the Chief Judge; -2- r (4) such other court or system functionaries who are or may be members of other depart- ments and are either temporarily or perma- nently assigned duties within or in support of the municipal court. (b) There is hereby created the position of Director of Municipal Court Services. The Director of Municipal Court Services shall be the head and supervisor of the Department of Municipal Court Services; shall be subject to appointment and removal by the~City Manager; and shall be paid a salary established in accordance with the com- pensation plan of the City. (c) The Director of Municipal Court Services, sub- ject to the provisions of Section 12-4, shall have the power to appoint, employ and remove such officers, assis- tants, employees and personnel as such Director may deem necessary for the efficient administration of the Department of Municipal Court Services and to prescribe and fix their duties, scope of authority and qualifica- tions. (d) The Director of Municipal Court Services shall be responsible for the administrative functions of the municipal courts system, which shall include responsi- bility to assure the system functions within and in consonance with personnel and other procedures governing the operation of all other City departments generally as promulgated by the City Manager and shall specifically in- clude all of the fiscal affairs of the municipal courts. The Director of Municipal Court Services shall submit annually to the City Manager a budget estimate of the revenues of the municipal courts and the expenses of con- ducting the affairs thereof for the ensuing fiscal year. (e) Within the municipal court system and under the general supervision of the Director of Municipal Court Services there is hereby created the office of Clerk of the Municipal Courts. The Clerk of the Municipal Courts shall be appointed by the City Manager with the consent of the City Council and shall perform all duties in accor- dance with state statutes, the City Charter and City ordi- nances. Section 12-5. Fines Bureau--Generally. There is hereby established for the municipal courts system a bureau for the payment of fines. This division shall be known as "Fines Bureau." A bureau clerk shall be appointed by the Clerk of the Municipal Courts, together with such deputies as may be deemed necessary. Such bureau clerk shall be under the direction and control of the Clerk of the Municipal Courts. The City Council shall prescribe the amount of the official fidelity bond that the bureau clerk shall execute in favor of the City. The premium of such bond shall be paid by the City. The bureau clerk shall be a duly qualified notary public. Section 12-6. City Marshal. (a) There is hereby created a position of city marshal for the municipal courts system, who shall also appoint such deputies as are authorized from time to -3- 2 F; time. The City Marshal or his or her deputies shall meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officer Standards and Education; however, the City marshal and his or deputies shall not be considered as "policemen" as that term is defined in Article 1269m, Revised Civil Statutes of Texas. (b) The City Marshal and his or her deputies, acting under the direction of the Director of Municipal Court Services, shall perform the following duties: (1) Execute warrants of arrest, subpoenas and other legal process issuing out of the municipal courts; (2) Execute other warrants of arrest, subpoenas and legal process as determined by the Municipal Court Clerk or Deputy Court Clerk; (3) Perform such duties as delegated by the Director of Municipal Court Services. (c) (1) The City Marshal and his or her deputies shall serve as peace officers and have full police authority in the exercise of their assigned duties. (2) The City Marshal and his or her deputies are not members of the Police Department of the City; however, they are eligible for membership in the Employees' Retirement Fund of the City of Fort Worth. The City Marshal and his or her deputies are paid law enforcement officers for the purpose of qualifying for survivor's assistance bene- fits under the provisions of Article 6228F, Revised Civil Statutes of Texas, as amended. SECTION II. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, 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. Chapter 12 of the Code, as amended, is express- ly superseded by the terms of this ordinance. SECTION III. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than _4_ a ~ ~~ ` i Two Hundred Dollars ($200.00) for each offense. Each day that a vio- lation is permitted to exist shall constitute a separate offense. SECTION IV. 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 unconstitu- tional 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 V. All offenses committed prior to the effective date of this ordi- nance shall be retained by the Municipal Court for disposition in accordance with the laws and ordinances in effect prior to the effective date of this ordinance, and for that purpose, all laws or ordinances repealed or amended by this ordinance shall remain in force and effect for those offenses. For the purposes of this sec- tion, an offense is committed before the effective date of this ordinance if any element of the offense occurs before that date. SECTION VI. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 12 of the Code of the City of Fort Worth, Texas (1964), as amended, or any other ordinances affecting municipal courts which 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. -5- ., .,. ~ . SECTION VII. The City Secretary of the City of Fort Worth,. Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as`pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION VIII. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections I, III and X in the minutes of the City Council and by fil- ing the ordinance in the ordinance records of the City. SECTION IX. ' The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections I, III and X of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION X. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~ ( -5 _ g '~ ADOPTED: ~~ EFFECTIVE: -6- ~it~ ®f ' F®rt worth, texas Mcxyor and Cou.n~il Corna~s,a,~~,cati~n DATE REFERENCE SUBJEC~,eVI sed Muni C1 pal COUrt PAGE 11/5./85 **G 6479 Ordinance ___L_-- >of Recommendation ~, It is recommended that the City Council adopt the attached ordinance establishing Courts of Record.. Background The 1979 Legislature empowered the City of Fort Worth to create by ordinance Municipal Courts of Record to eliminate appeals de novo to the County Criminal Courts. The 1985 Legislature amended the statute to permit the appointment of the judges by the governing body of the City, rather than their election, and to permit the electronic recording of the proceedings. Presently, the Municipal Courts forward an average of 17,000 appeals per year to the County Courts for repeat trials. Six thousand appeals are now awaiting pro- cessing here. As of the end of September, 1985, the County Courts were faced with a backloy of 11,000 traffic appeals. Pending also in the County Courts are 6,000 of the more serious charges over which they have primary jurisdiction such as Driving While Intoxicated, Drug, Theft and Assault cases. The revised ordinance first establishes the Fort Worth Courts as Courts of Record, -and then provides an internal framework for its operation and organiza- tion. The State statute pertaining to Fort Worth is comprehensive and detailed in the specifics of procedure. Financing Funds necessary to finance the Fort Worth Municipal. Court of Record were approved in the 1985-86 Budget. LL kcy Attachment APPROVED DY CITY CQUNCIL NOV ~ 1985 //~~ City 5eotetaxy of the City of Fort 3~mt~y,'~,~ SUBMITTED FOR THE G CITY MANAGER'S ~ ~'? DISPOSITION BY COUNCIL: PROCESSED BY ` 'L' f1FFICE 8Y GGG!!! r ~ ~ APPROVED ORIGINATING L, L~ bUy Ldnzal^a [ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FORADDIiIONALINFORMATlbI~, Hollifield 6716 ~J ` C CONTACT • DATE