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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. PAGE 2 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 PAGE 3