Ord. 0976-2 12-07-15ORDINANCE NO. 976-2
An ordinance of the city council of Pearland, Texas, amending
Ordinance No. 976-1 as it applies to the City's Municipal Court of
Record; providing for concurrent jurisdiction of the Court with district
courts and county courts at law for matters involving the enforcement
of health and safety and nuisance abatement ordinances; providing that
this ordinance shall be cumulative of all ordinances; providing a
savings clause, a severability clause, a repealer clause; and providing
for an effective date.
WHEREAS, the City of Pearland, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI. Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, Chapter 30 of the Texas Government Code authorizes Pearland to
establish its municipal court as a municipal court of record: and
WHEREAS, the City Council of the City of Pearland previously established a
municipal court of record to provide a more efficient disposition of cases arising in the City;
and
WHEREAS, the City Council wishes to provide for a more effective means to
enforce the ordinances and laws of Pearland; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council hereby establishes the Pearland Municipal Court as a
municipal court of record in order to provide a more efficient disposition of cases arising in
the City, and in order to more effectively enforce the ordinances of the City. The municipal
court shall become a court of record from and after the 15ih day of August. 2000, and shall
be known as The Municipal Court of Record in the City of Pearland.
Section 2. This municipal court of record is established pursuant to the authority
granted in Subchapter A, Chapter 30, of the Government Code of the State of Texas,
ORDINANCE NO. 976-2
known as the Uniform Municipal Courts of Record Act. and the terms set forth therein are
hereby adopted governing the operation of said court.
Section 3. The court shall have concurrent jurisdiction with any justice court in
any precinct in which the City of Pearland is located in criminal cases that arise within the
City and are punishable only by fine. In addition, the court, in accordance with Section
30.00005 of the Government Code, shall have concurrent jurisdiction with district
courts or county courts at law under Subchapter B, Chapter 54 and Chapter 214 of the
Local Government Code. Such jurisdiction shall be within the City's territorial limits and
extend to any property owned by the City in the City's extra territorial jurisdiction. The
court shall establish procedures and local rules in the furtherance of this ordinance for
the purpose of promoting the speedy resolution of disputes involving the enforcement
of the health and safety and nuisance abatement ordinances of the City.
Section 4. The municipal court of record shall be presided over by a municipal
judge who shall be appointed by the City Council for a term of four (4) years. The
municipal judge must be a licensed attorney in good standing in the State of Texas, and
must have two or more years of experience in the practice of law in Texas. The judge must
be a citizen of the United States and of the State of Texas.
Section 5. The city manager or his designee shall appoint a clerk of the Municipal
Court of Record who shall perform duties in accordance with state law. the City Charter
and City ordinances. During proceedings of the court, the clerk and other court personnel
shall serve at the direction of the municipal court judge. At all other times they shall serve
at the direction and supervision of the city manager who shall have the authority to remove
ORDINANCE NO. 976-2
the court clerk or other court personnel according to rules set forth in the City's personnel
policies.
Section 6. The municipal judge shall continue in office through the expiration of
his current term.
Section 7. The city manager shall appoint a court reporter who must meet the
qualifications provided by law for official court reporters. The court reporter or court staff
may use written notes, transcribing equipment, video or audio recording equipment, or a
combination of those methods to record the proceedings of the court. The court reporter or
court staff are not required to record testimony in any case unless the judge or one of the
parties requests a record in writing, and files the request with the court before trial. If a
record is made, it shall be kept for the twenty (20) day period beginning the day after the
last day of the court proceeding. trial or denial of motion for new trial, whichever occurs
last. The court reporter is not required to be present during proceedings of the municipal
court of record, provided that proceedings that are required to be recorded are recorded by
a good quality electronic recording device.
Section 8. The municipal judge shall supervise and control the operation and
clerical functions of the administrative department of the municipal court, including the
court's personnel, during the proceedings or docket of the court. At all other times. the
operation and clerical functions of the administrative department of the municipal court
shall be under the supervision and direction of the city manager or his designee.
Section 9. The municipal judge shall supervise the selection of persons for jury
service.
ORDINANCE NO. 976-2
Section 10. In the event of an appeal. the appellant shall pay a transcript
preparation fee in the amount of Twenty-five Dollars ($25.00). The transcript preparation
fee does not include the fee for an actual transcript of the proceedings. The clerk shall
note the payment of the fee on the docket of the court. If the case is reversed on appeal,
the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the
fee for the actual transcript of the proceedings and statement of facts must be paid by the
appellant. pursuant to Government Code ' 30.00014 and ' 30.00019.
Section 11. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 12. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 13. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 14. Effective Date. This Ordinance shall become effective February 1,
2007.
ORDINANCE NO. 976-2
PASSED and APPROVED ON FIRST READING this the 23rd day of November,
A.D., 2015.
ATTEST:
MARIA
DEPUT
Y CITY SECRE A
Ji.Ln/Q
E. RODRIGUE
Fi
Th),
TOM REID
MAYOR
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PASSED and APPROVED ON SECOND AND FINAL READING this the 7th day
of December, A.D., 2015.
ATTEST:
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
December 7, 2015
Voting "Aye" — Councilmembers Moore, Reed, Carbone,
and Ordeneaux.
Voting "No" — 0.
Motion passes 4 to 0. Councilmember Hill Absent.
APPROVED AS TO FORM: PUBLICATION DATE December 10, 2015
EFFECTIVE DATE February 1, 2016
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
DARRIN M. COKER
CITY ATTORNEY
Ordinance No. 976-2
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said County and State.
Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal,
a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly
sworn, states under oath that the report of Ord. #976-2 a true copy of which is
hereto annexed was published in said newspapers in its issue(s) of December 10, 2015.
Publisher's Representative
Sworn to . . subscribed before m- this 23/G day of L2(22m I i/, 2015.
Notary 'ublic
My commission expires on
LUCILLE GUERRA
Notary Public, State of Texas
My Commission Expires
January 18, 2016
ORDINANCE NO. 976-Z
An ordinance of the city council of Pearland, Texas,
amending Ordinance No. 976-1 as it applies to the
City's Municipal Court of Record; providing for con-
current jurisdiction of the Court with district courts
and county courts at law for matters involving the
enforcement of health and safety and nuisance abate-
ment ordinances; providing that this ordinance shall
be cumulative of all ordinances; providing a sav-
ings clause, a severability clause, a repealer clause;
and providing for an effective date.
,§ectioq 14. Effective Date. This Ordinance shall be-
come effective February 1, 2016.
PASSED and APPROVED ON SECOND AND FINAL
READING this the 700 day of December, A. D., 2015
TOM REID
MAYOR
ATTEST.
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EFFECTIVE DATE. !•Crory 1. 2018
APPROVED AS TO FORM PUBLISHED AS REDUIDED eV SECM1I10. 10 0<
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DARRIN M. COKER
CITY ATTORNEY