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HomeMy WebLinkAboutResolution - 2678 - Dividing Municipal Court Of Records Into Two Divisions, Etc. - 10/22/1987KJ:da RFSni IITTnN Resolution #2678 October 22, 1987 Agenda Item #34 WHEREAS, the City Council has determined that a second division for the Municipal Court of Record is necessary to properly dispose of the cases arising in the City of Lubbock; and, WHEREAS, the City Council has passed legislation (Ordinance No. 8553) providing by resolution for the division of the Municipal Court of Record into one or more divisions as required by the Court's workload; and, WHEREAS, the City Council may appoint persons with the qualifica- tions required of a municipal judge to serve in a newly created division of the Municipal Court of Record until the next regular City election; and, WHEREAS, such legislation allows that each such division shall be presided over by its own full-time or part-time judges at the discretion of the City Council; and, WHEREAS, the Government Code, Sec. 30.001 and following sections, allows for the division of the Municipal Court of Record and for the appointment of full-time or part-time judges to preside over such divisions; and, WHEREAS, the City Council has determined that it would be in the best interest of the administration of justice and general welfare of the citizens of Lubbock to create a second division in the Municipal Court of Record; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Municipal Court of Record for the City of Lubbock, BE and is hereafter divided into two (2) divisions in accordance with statute and prior Ordinance No. 8553. Such divisions shall be termed and referred to as Division One and Division Two. BE IT FURTHER RESOLVED THAT each division of the Court shall be presided over by a single judge, who may be assisted from time to time by substitute judges appointed by the City Council pursuant to Ordinance No. 8553 and Resolution No. 2655. BE IT FURTHER RESOLVED THAT each division judge shall serve eight- hour shifts, five days or nights per week. Substitute judges shall serve weekend shifts of hours and conditions as determined by the City Manager. BE IT FURTHER RESOLVED THAT the operating hours of Division Two shall be from 5:00 o'clock p.m. to 8:00 o'clock a.m., Mondays through Fridays. BE IT FURTHER RESOLVED THAT the operating hours of Division Two on Saturdays and Sundays shall be no less than eight (8) consecutive hours each day. J f � � 9 BE IT FURTHER RESOLVED THAT the judge of Division One shall be the presiding judge of the Municipal Courts of Record. BE IT FURTHER RESOLVED THAT substitute judges shall be called by the presiding judge to preside over either Division benches in the event that a Division Judge is temporarily unable to act for any reason. BE IT FURTHER RESOLVED THAT the base salary for the judge of Division Two of the Court shall be set by City Council between thirty-five thousand dollars ($35,000.00) and fifty thousand dollars ($50,000.00). The base salaries for substitute judges shall be commensurate with the duties they perform and shall also be set by City Council. 4� BE IT FURTHER RESOLVED THAT persons appointed pursuant to this Resolution shall meet the qualifications required of a municipal judge as set forth in the Government Code, Sec. 30.004, and any other pertinent laws. Such persons shall have all the powers and authority granted under law and shall perform all duties and functions prescribed by law. BE IT FURTHER RESOLVED THAT a copy of this Resolution shall be spread upon the minutes of the City Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution together with any and all related documents executed in accordance therewith. Passed by the City Council this 22nd day of October 1987. B. C. McM NN, MAYOR nette boya, city 5ecr APPROVED AS TO CONTENT: Q(�z Bob Cass, Deputy City Manager APPROVED AS TO FORM: Ken Joh son, Assistant City Attorney -2- NOTICE IS HEREBY GIVEN OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO BE HELD OCTOBER 23, 1987 AT 8:30 A.M. IN THE COMMITTEE ROOM, CITY HALL, 1625 13TH STREET, LUBBOCK, TEXAS. THE SUBJECT MATTER OF THE MEETING SHALL BE: CONSIDERATION OF THE APPOINTMENT OF A MUNICIPAL JUDGE TO DIVISION 1 OF THE MUNICIPAL COURT. THE CONSIDERATION OF THE AFOREMENTIONED AGENDA ITEM AT THE DATE AND TIME ABOVE LISTED CONSTITUTES A MATTER OF URGENT PUBLIC NECESSITY IN THAT IT IS NECESSARY FOR THE SAFETY AND WELFARE OF THE CITIZENS OF THE CITY TO HAVE A FULL TIME JUDGE APPOINTED TO DIVISION 1 OF THE MUNICIPAL COURT IN ORDER THAT CITIZENS MAY BE AFFORDED THE OPPORTUNITY TO APPEAR IN OPEN COURT AND SO THAT THE JUDICIAL SYSTEM OF THE CITY OF LUBBOCK WILL CONTINUE TO FUNCTION. I HEREBY CERTIFY THAT THE ABOVE NOTICE OF SPECIAL CALL MWAS POSTED ON THE BULLETIN BOARD AT CITY HALL, AT 22ND DAY OF OCTOBER, 1987. L RAN TE BOYD, CITY ECR ARY JCR: da