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ORDINANCE NO. 73 ~~ ~~ada~~ ~~~ ~~~~
AN ORDINANCE ESTABLISHING THE MUNICIPAL COURT IN
KENNEDALE AS A MUNICIPAL COURT OF RECORD, PROVIDING FOR
THE TERM AND APPOINTMENT OF A JUDGE OF THE MUNICIPAL
COURT OF RECORD; AUTHORIZING THE CITY ADMINISTRATOR TO
APPOINT A MUNICIPAL COURT CLERK; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, Subchapter BB, Chapter 30 of the Texas Government Code authorizes
Kennedale to establish its municipal court as a municipal court of record; and
WHEREAS, the City Council of the City of Kennedale deems it necessary to establish
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 the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
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SECTION 1.
The City Council hereby establishes the Kennedale 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 1st day of July, 1995.
SECTION 2.
This municipal court of record is established pursuant to the authority granted in
Subchapter BB of Chapter 30 of the Government Code of the State of Texas, and the terms
set forth therein are hereby adopted governing the operation of said court.
SECTION 3.
The municipal court of record shall be presided over by a municipal judge who shall
serve for a two (2) year term concurrent with that of the Mayor. The initial term shall be
from July 1, 1995, through the term of the current Mayor. 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 4.
The City Administrator shall appoint a clerk of the municipal court of record who
shall perform duties in accordance with statutes, the City Charter and City ordinances.
f:Miles\kennedal\ordinanc\municrt (06-06-95)
SECTION 5.
The municipal court clerk shall appoint a court reporter who must meet the
qualifications provided by law for official court reporters. The court reporter 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 is 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, which ever 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 6.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 7.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
f:\riles\kennedal\ordinanc\municrt (06-06-95)
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.
SECTTON 8.
This ordinance shall be in full force and effect from and after its passage as required
by law, and it is so ordained.
PASSED AND APPROVED ON THI5 8th DAY OF ~ , 199.
MAYOR
ATTEST:
~~Ch_~
CITY SECRE ARY
EFFECTIVE: G - ~- 95
APPROVED AS TO FORM AND LEGALITY:
City Attorney
f:Miles\kennedal\ordinanc\municrt (06-06-95)