1994-014E=\NPDOCS\ORD\CTRECORD.O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING A MUNICIPAL
COURT OF RECORD IN THE CITY OF DENTON; AMENDING SECTIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR SEVER-
ABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city Council of the City of Denton has determined
that the formation of a Municipal Court of Record is necessary to
provide a more efficient disposition of cases arising in the city;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That a Municipal Court of Record is to be estab-
lished in the city of Denton, said Court to be created pursuant to
House Bill 2851 passed in the 73rd Legislative Session of the Texas
Legislature.
SECTION II. That the judge of the Municipal Court of Record of
the City of Denton shall be appointed by the city Council.
SECTION III. That Section 19-1 ("Created") of the Code of
Ordinances is hereby amended and shall read as follows:
Sec. 19-1. Created.
(a) In accordance with the provisions of the Denton city
Charter and applicable state law, there is hereby created
a Municipal Court of Record for the City of Denton, Texas,
which is hereby designated, "Municipal Court No. 1". Muni-
cipal Court No. 1 shall be comprised of as many divisions
as the city Council deems necessary.
SECTION IV. That Section 19-2 ("Jurisdiction") of the Code of
Ordinances is hereby amended and shall read as follows:
Sec. 19-2. Jurisdiction.
(a) Each Municipal Court division shall have and exercise
concurrent jurisdiction with other Municipal Court divi-
sions, the jurisdiction being that which is conferred on
alliMunicipal Courts of Record by state law.
(b) The Municipal Court divisions may be in concurrent or
continuous session, either day or night.
SECTION V. That Section 19-36 ("city Judge") of the Code of
Ordinances is hereby amended and shall read as follows:
Sec. 19-36. ~udges.
The Municipal Court of Record shall be presided over by
the Municipal Court Judge, who shall be a magistrate and
appointed by and removed from office by the city Council.
The Council shall appoint assistant judges as it deems
necessary. Such assistant judges shall be appointed and
removed in the same manner as the Municipal Court Judge,
and shall serve in the absence of and have all the authori-
ty of the Municipal Court Judge as provided by state law
and the city Charter. The Municipal Court Judge and
assistant judges may be referred to as the city Judge and
assistant city judges.
SECTION VI. That Section 19-37 ("Assistant city judge") is
deleted and Sections 19-38 through 19-40 are to be renumbered
accordingly.
SECTION VII. That Section 19-38 ("Municipal Court Clerk") of
the ~ode of Ordinances is hereby amended and shall read as follows:
Sec. 19-37. Municipal Court Clerk.
(a) In order to release the city Judge from all admini-
strative responsibilities relative to personnel performing
services supportive to the Municipal Court of Record, the
office of Municipal Court Clerk is hereby established as a
division of the court.
(b) The Municipal Court Clerk shall be appointed by the
city Manager, and shall have the powers and duties provided
by state law and the city Charter. Any references to court
administrator, clerk of the court or clerk shall be under-
stood to mean municipal court clerk.
(c) The municipal court clerk shall appoint deputy court
clerks as needed, subject to approval of the city manager,
and such deputies shall act in and for the municipal court
clerk in the performance of their duties.
(d) The municipal court clerk or his deputies shall per-
form all duties and responsibilities as provided under
state law and the City Charter including keeping a record
of the court proceedings, administering oaths, issuing
process, making certificates and affixing the court seal
thereto and generally performing the duties for the court
that a county clerk performs for a county court.
SECTION VIII. That the City Manager is authorized to take
thos~ steps reasonable and necessary to comply with the intent of
this ordinance.
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SECTION IX. That if any section, paragraph, subdivision,
clause, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance,
for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word, or provision
hereof be given full force and effect.
SECTION X. Sections I through VII of this ordinance shall take
effect on the let day of August, 1994, and all cases and matters
heard, considered, or decided by the Municipal Court on or after
that date shall be heard, considered, or decided by the Municipal
Court of Record hereby designated, "Municipal Court No. 1." The
remainder of this ordinance shall take effect immediately from and
after its passage. ~~~
PASSED AND APPROVED this the /~_ day of , 1994.
BOB CASTLEBERRY,TR~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP ED TO LEGAL FO~:
D~ A. D~YOVITCH, CITY ATTO~EY
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