HomeMy WebLinkAboutOrdinance 19626-04-2011ORDINANCE NO. 19626-04-2011
AN ORDINANCE REPEALING SECTION 10-1, "MUNICIPAL COURTS
ESTABLISHED," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS,
AND ADOPTING IN ITS PLACE A NEW SECTION 10-1, "MUNICIPAL COURT
OF RECORD ESTABLISHED; DIVISIONS; JURISDICTION"; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1985, in connection with the adoption of City Ordinance 9509,
the Fort Worth City Council determined that the conditions of the other courts of Tarrant
County required the formation of five municipal courts of record in the City of Fort
Worth in order to properly dispose of the cases arising in the City; and
WHEREAS, the City and the region have both experienced tremendous growth
and change in the twenty-six years since Ordinance 9509 was adopted; and
WHEREAS, changes in Chapter 30 of the Texas Government Code allow the
Fort Worth City Council by ordinance to provide that the Fort Worth municipal courts
have jurisdiction over certain civil matters in addition to the courts' traditional criminal
jurisdiction; and
WHEREAS, it is the determination of the Fort Worth City Council that the
creation of a court of record is still necessary to provide a more efficient disposition of
the cases arising in the City; and
WHEREAS, staff recommends that the existing court system be re-designated as
a unified court of record with multiple, interchangeable divisions to allow for maximum
efficiency in processing cases.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
Page 1 of 4
SECTION 1.
That Section 10-1, "Municipal Courts Established," of the Code of the City of Fort
Worth, Texas, is hereby repealed in its entirety and a new Section 10-1 is hereby adopted,
to be and read as follows:
Sec. 10-1. -Municipal court of record established; Divisions; Jurisdiction.
(a) Within the municipal court system established and created for the City of Fort
Worth in accordance with the terms, provisions, powers, duties, and limitations
set forth in Title 2 of the Texas Government Code and in Chapter VII of the
Charter of the City of Fort Worth, there is hereby created, established, and
designated a unified municipal court of record to be known as the "Municipal
Court of Record in the City of Fort Worth" with nine divisions to be known as
Division No. 1, Division No. 2, Division No. 3, Division No. 4, Division No. 5,
Division No. 6, Division No. 7, Division No. 8, and Division No. 9.
(b) Each division of the Municipal Court of Record in the City of Fort Worth
shall have and exercise concurrent jurisdiction with the other divisions thereof.
(c) The Municipal Court of Record in the City of Fort Worth shall have and
exercise such jurisdiction as is granted by the charter and ordinances of the City
of Fort Worth and by any laws of this state, including but not limited to general
jurisdiction provided by Chapter 30 of the Texas Government Code, that may
now exist or may hereafter be passed by the legislature of this state regulating or
increasing the jurisdiction of the municipal courts in cities of the grade and size of
the City of Fort Worth.
(d) In addition to other jurisdiction provided for herein and in accordance with
Section 30.00005(c) of the Texas Government Code, the Fort Worth City Council
by ordinance hereby provides that the Municipal Court of Record in the City of
Fort Worth has concurrent jurisdiction with a justice court in any precinct in
which the City of Fort Worth is located in criminal cases that arise within the
territorial limits of the city and that are punishable only by fine.
(e) In addition to other jurisdiction provided for herein and in accordance with
Section 30.00005(d) of the Texas Government Code, the Fort Worth City Council
by ordinance hereby provides that the Municipal Court of Record in the City of
Fort Worth has:
(1) civil jurisdiction for the purpose of enforcing municipal ordinances
enacted under Subchapter A, Chapter 214, Texas Local Government Code, or
Subchapter E, Chapter 683, Transportation Code;
(2) concurrent jurisdiction with a district court or a county court at law
under Subchapter B, Chapter 54, Texas Local Government Code, within the city's
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territorial limits and over property owned by the city located in the city's
extraterritorial jurisdiction for the purpose of enforcing health and safety and
nuisance abatement ordinances; and
(3) authority to issue:
(A) search warrants for the purpose of investigating a health and
safety or nuisance abatement ordinance violation; and
(B) seizure warrants for the purpose of securing, removing, or
demolishing the offending property and removing the debris from
the premises.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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.
SECTION 3.
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
unconstitutional 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 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
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any and all violations of the provisions of the ordinances amended herein, 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.
SECTION 5.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FO AND LEGALITY:
1
~ ~~~
Assistant Citry Attorney
ADOPTED: April 5, 2011
EFFECTIVE: ~~'~~ t- ~i ? `' i
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City of Fort Worth, Texas
Mayor and Council Communication
.. ~~~~.
COUNCIL ACTION: Approved o~ 4!5/2011'` =Ord. No~ 19fi26.04-2011
DATE: Tuesday, April 05, 2011 REFERENCE NO.: ""G-17253
LOG NAME: 38000RTDESIGNATION
SUBJECT:
Adopt Ordinance Repealing Section 10-1 of the City Code, "Municipal Courts Established" and Adopting a
New Section 10-1 to Increase the Number of Courts to Nine and Provide for Additional Jurisdiction
(COUNCIL DISTRICTS 2, 4, 6, and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance, which repeals the current Section
10-1 of the City Code, "Municipal Courts Established" and adopts a new Section 10-1 to increase the
number of courts to nine and to provide municipal courts with additional jurisdiction in accordance with
state law.
DISCUSSION:
On November 5, 1985, the Fort Worth City Council adopted Ordinance 9509, which designated the City's
courts of record in accordance with the requirements of the Texas Govemment Code. In the past 26
years, the City has experienced significant increases in both population and in the number of cases filed in
the municipal court. In addition, state law has been revised, allowing the municipal court to exercise
jurisdiction over additional types of cases. The attached ordinance would increase the number of courts
and also give the municipal court system jurisdiction to hear additional types of cases.
A significant jurisidictional change relates to Chapter 54 of the Local Government Code. The attached
ordinance will provide the municipal courts with jurisdiction in cases involving building standards and
similar violations. This ordinance is the first part of a two-step process and the Code Compliance
Department is currently working with the Department of Law on a second ordinance addressing the
specific requirements of Chapter 54 and making conforming changes to the City Code.
The additional courts of record will include the new Southwest Branch of the Municipal Court, which will be
opening later this year. On October 5, 2010, the Fort Worth City Council approved M&C C-24515
accepting a land donation of 2.097 acres located at 3741 S.W. Loop 820 for the new branch and
authorizing a 10 year lease-to-purchase agreement with 3741 S.W. Loop 820, L.P., for improvements at
the same location.
Following the adoption of the attached ordinance and the opening of the new Southwest Branch, there will
be a total of nine courtrooms in the City's municipal court system. The locations include the original five
courtrooms in the A.D. Marshall Public Safety and Courts Building (Council District 9), the Arraignmemt
Court located inside of the jail (Council District 2), a relocated Environmental Court and additional Walk-In
Court at the Southwest Branch (Council District 6), and the Student Attendance Court, which is adjacent to
Eastern Hills High School (Council District 4).
FISCAL INFORMATION /CERTIFICATION:
Logname: 38COURTDESIGNATION Page 1 of 2
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6183)
Deidra Emerson (6711)
Deidra Emerson (6711)
Logname: 38COURTDESIGNATION Page 2 of 2