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HomeMy WebLinkAbout108_Municipal Court OrganizedORDINANCE NUMBER 108 AN ORDINANCE PERTAINING TO, ORGANIZING AND ESTABLISHING A MUNICIPAL COURT FOR THE TOWN OF OWASSO, OKLAHOMA, TO HEAR AND DETERMINE ALL PROSECUTIONS WHEREIN A VIOLATION OF ANY ORDINANCE OF SAID TOWN HAS BEEN CHARGED; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING FOR APPOINTMENT OF JUDGES AND ALTERNATE JUDGES, AND ESTABLISHING RESPECTIVE TERMS OF OFFICE; PROVIDING FOR ACTING JUDGES; PROVIDING THAT JUDGE OF MUNICIPAL COURT EXISTING AT THE TIME THIS ORDINANCE BECOMES EFFECTIVE SHALL CONTINUE IN OFFICE UNTIL HIS SUCCESSOR IS APPOINTED; AUTHORIZING BOARD OF THRUSTEES OF THE TOWN OF OWASSO TO FIX COMPENSATION OF ALL JUDGES, ACTING JUDGES AND ALTERNATE JUDGES; PROVIDING FOR A COURT CLERK; DIRECTING ALL PLEADINGS, PAPERS AND RECORDS OF PRIOR EXISTING MUNICIPAL COURT BE TRANSFERRED TO THE MUNICIPAL COURT ACTIVATED BY THIS ORDINANCE; REGULATING THE KEEPING OF COURT RECORDS; ESTABLISHING PRIORITY OF CONFLICTING ORDINANCES; PROVIDING FOR FILING VACANCIES IN OFFICE OF JUDGE; CONTAINING A SAVING CLAUSE; AND DECLARING EFFECTIVE DATE OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, STATE OF OKLAHOMA: SECTION 1. DEFINITIONS: - As used in this ordinance, unless the context required a different meaning, the following words and phrases shall mean: (1) "Board" means the Board of Trustees of The Town of Owasso, Oklahoma. (2) "Clerk" means the Court Clerk of the Municipal Court, Unless otherwise specified herein, and includes any deputy or member of the office staff of the Town clerk, while performing duties of Court Clerk. (3) "Law" means and refers to the Law or Laws of the State of Oklahoma, as distinguished from ordinances of The Town of Owasso, Oklahoma (4) "Municipal Court" means the Municipal Court of Owasso, in Tulsa County, State of Oklahoma, unless otherwise indicated. (5) "Police Court" means and is used herein to distinguish between the Municipal Court herein activated and the municipal court existing at the time of the adopting of the vitalizing resolution mentioned in this ordinance. (6) "Town" means The Town of Owasso, in tulsa county, State of Oklahoma. Section 2. ORGANIZATION OF MUNICIPAL COURT. -- There is hereby established in The Town of Owasso, in tulsa County, State of Oklahoma, a court, to be known and referred to as the "Municipal Court of The Town of Owasso", put into operation as by Resolution duly passed and adopted on the 20th day of January, 1969, and filed in accordance with law, as authorized by Title 11, Oklahoma statutes, Section 958.1 (as amended) and Section 958.2, which court shall succeed the police court existing at the effective date of this ordinance. Section 3. JURISDICTION OF MUNICIPAL COURT. -- The Municipal court of The Town of Owasso shall have original jurisdiction to hear and determine all offenses against the ordinances of The Town of Owasso and prosecutions wherein a violation of any of such ordinances of said town is charged, including any such prosecutions transferred to the court in accordance with applicable law, and to assess punishment for such violations in accordance with that provided by ordinance and permitted by the laws of the State of Oklahoma; provided, however, that the jurisdiction of such Municipal court shall not extend to any civil cases, or to any criminal cases for offenses against the laws of the State of Oklahoma. SECTION 4. COURT CLERK - BOND - FORM -- The town clerk of the Town of Owasso shall also be and act as the Clerk of the Municipal Court, organized and established by this ordinance, and as such clerk shall give a bond to the Board of Trustees of the town, to be approved by board, in an amount to be fixed by said board, and shall be in form and substance as provided or may be provided by the laws of The State of Oklahoma. Section 5. TRANSFER OF RECORDS. -- (a) On the effective day of this ordinance the clerk of The town of Owasso shall transfer all pleadings, papers and records of the police court, which will be abolished by virtue of the repeal of Sections 1051 and 1052, Oklahoma Statues, 1961, by Laws 1968, Chapter 391, Section 24, Oklahoma legislature, to the Municipal court of Owasso, in Tulsa County, State of Oklahoma. (b) On the effective date of this ordinance the police court of the Town of Owasso, existing prior to said effective date, shall become inoperative, and all actions pending therein shall be transfered to the Municipal Court activated by this ordinance, and the Municipal Court shall succeed to and assume jurisdiction of such actions with full power to dispose of them and to enforce any orders that have been made in such actions. Section 6. KEEPING OF COURT RECORDS. -- All pleadings, papers and records pertaining to the Municipal Court shall be kept by the clerk in deparate files and record books, and shall not be intermingled with any other records kept or maintained in the Town Clerk's office, and such court records shall be made readily available to and delivered by the clerk to the judge, acting judge, alternate judge or the Town's Attorney, for their use and reference, when so requested by either of them. Section 7. JUDGE. -- The President of the Board of Trustees of The Town of Owasso may be designated as judge of the Municipal Court, with the approval of the Board of Trustees of said town, or said president of said board may appoint any suitable and proper person, who is qualified as required by the Laws of the State of Oklahoma, with the consent of the said Town Board; Provided that the judge of the police court existing in the town at the effectuve date of this ordinance shall act as judge of the court herein provided for until a judge is appointed and qualified under the terms of this ordinance. Section 8. TERM OF JUDGE. -- The official term of the judge shall be two (2) years, expiring on the 15th day of May, in each odd numbered year; provided each judge, unless removed for proper cause, shall serve until his successor is appointed and qualified. Section 9. ACTING JUDGE. -- in the event of disqualification of the Judge in a particular case, or his absence or inability to ace, the President of the Board of Trustees of The Town of Owasso may appoint some person, qualified as provided in Title 11, Section 958.7 of Oklahoma Statues, 1961, as amended, as acting municipal judge of the court herein activated, to serve in the place of the judge during his absence or inability to act. Section 10. ALTERNATE JUDGE. -- The Board of Trustees of the Town of Owasso may, in its discreation, privide by ordinance for the appointment of an alternate judge of the court, a person who possesses the qualifications prescribed by law, who shall sit as acting judge of said court in case of the absence, inability or disqualification of the judge thereof. SECTION !I. OCUPENSATION OF MM. -;aQ judge, other v. xn an alternate judge Car acting judge, receive as compensation an amount of money to be fixed by the Marc of Trustees of The Town of Owasso, to be paid to him monthly, in the same manner as salaries of other officials of the town; provadea, that such compensation shpall not exceed the sum of Coe hundred Fifty Doija= 0150.00) per mouth. Ob"', alternate judge or am. acting judge Mall be paid a s-1,:on of money to be fixed. and al, we? by the board for each day devoted to the performance of hie duty, except that2 for any month the total payments ailowed shall not exceed the cc;,mpensation cf the judge in whose steed he sito; an alternate or acting judge visa sits for an entire month shall receive the same commensation received hpnT the Juidge in whose stead he site. SECTIOU 12, FILL,14,G lil, '0,F i!DGE� -- Upon the ct enc Lam. a vacancy in the office of 'Judge, the President of the Board of Trustees of 11he Town of Owasso, in Tulsa County, Mahoma, shall appoint a successor to complete the unexpired term, upon the same procedure as an original ar.�po-i-nt,-iient is ,--,'1,ade. SEMON '1 110Z OF G,,1'123, To the extent of conf lict between provisions zeax of this ordinance and the provisions of any other ordinance of this Town, the provisions of this ordinance shall control. WTION 14. EFFECTINE DATE Q. mod DMAZE -"BAT COuRT SHS-11d, 33B This ordinance shall become effective on and after the 10th day of February, 1569, and the CIIIJ[Z,21-, CC,)1J1VT FM Mt M01\1 CY 0,, in Tulsa County, State of Oklahoma, shall be operative an and after the 10th day of Febouary, 1969, the effective date of this ordinanceo MOTION 15. FROV-1-SI I'S The provisions hereof are hareby declared to be severable, and if any section, part of section, paragraph, sentence or- clause of thiis' ordinance shall be held invalid or inoperative for any reason by any court of competent jurisdiction, such decision shall mot affect any other section, part of section, paragraph., sentence or clause hereof.,, SJOTIM 6. L,,'CY. -- That an emergency exists for the preservation of the public peace, health and safety, this Ordinance shall become effective on and after the 10th day of February, 1969, upon its passagev approval and publication as provided " jaw. 01-Ir the Board of Trustees of The Town of Owasso, Oklahoma, on this 24th da Lay day of january, 1969. Emergency Clause voted upon separately aW passed by unanimous vote of the Board of Trustees of The Town of Owasso, Oklahoma, this 24th day of january, 1969'' the President of the Board of Trustees ism The To-un of Gtiasso, 01-0-ahoria, this 24�:th dE:,y, of ianuaxy !969. Inez Odomq Town Clerk, b."T FResident of the Board of alustees of Thy' Town of Owasso, Oklahoma Toiam 0 e Attorney C& VDIIISGE NO. 108 the Undersigned, members of the Board of Trustees of The Town of Owasso, in Tulsa County, btate of Oklahoma, do hereby approve and pass the A= and foregoing Ordinance Eumber 108, hereto prefixed, and unanimously approve tha emergency clause contained therein, which has been vVed upon separately. Dated this 24th day of Fannery, !969. ....... .... and -JelEl"berz; of the Board of Trustees of The Town of Owasso, Oklahoma. To-un Clerk, Town's Attorney. PROOF OF PUBL.,ATION STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the . * Owasso * Repp::�A27 ....... a newspaper printed ' ' in the English language, in the City of Owasso ........... Tulsa County, Oklahoma, having ' a bona fide paid general circulation therein, and with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where delivered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was published in said newspaper for . . . . . one ........ consecutive weeks, the first publication being on the .30th . ............... day of . 19 .6.9. m m and the last day of publication being on the same day of .............. 19 . . . . ..., and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended by House Bill No. 495, 22nd Legislature, and thereafter, and complies with all of the prescriptions and require- ments of the laws, of Oklahoma. (The advertisement above referred to is a true and printed copy. Said notice was published in all editions of said newspaper and, not in a supplement thereol . . .............. Subscribed and sworn to before me by Bill R. Retherford, publisher of the . O.WaSSO. RePLOrtar ........ this3Q.. day of ......... 1� A, 04_4 My commission expires �-2.6—'.70 ............ PUBLISHER'S FEE s6.7. 03 . . SECTION 3. J The Municipal C original jurisdict the ordinances o wherein a vioiatii charged, includin court in accord punishment for s vided by ordinan of Oklahoma; prof MUNICIPAL COU to any criminal cz of Oklahoma. SECTION 4. t Town Clerk of th the Clerk of the by this ordinance Board of Trustef in an amount to i and substance as of The State of Ok SECTION 5. T fective day of this shall transfer all court, which will Sections 1051 and 1968, Chapter 39 Municipal Court of (b) On the effect of The +Town of date, shall becom( in shall be transf this ordinance,', a and assume juris dispose of them made in such aetic SECTION 6. j pleadings, papers Court shall be ker nooks, and shall kept or maintained records shall be the clerk to the j T'own's Attorney, quested by either < SECTION 7. J "Trustees of The T of the Municipal Cc tees of said tom appoint any suitab required; by the consent of the sa of the police cour of this ordinance vidpd fnr until A Up( 'E.- _, the ass€ , com- as arl xtent pro- lions his tence exists sfety' lOth �ubli- assn; y un- asso stees' iary, 4- RESOUTION NUMB M" 10) Vitalizing Resolution) THE MAC OF OHUSSO� 0jaAHaI;A A RESOLUTION FL011NIG INTO OPERATION ThE KJNICIPAL COURT CF THE INCORPORATED TOWN CF THE TOM N OF Cra'AIII-So., IN TICLSA COUNTY, STATE OF OEAHaM BE IT IMS,OLTET by the Board. of Trustees of The Town of Owasso, Oklahoma, that (1) in accordance with the provisions of Title 1-12 Oklahoraa Statutes 1961, Section 958.2, it is determined hereby that the efficient disposition of cases involving the viola- tion of ordinances of THE TOWN OF QVIL-SO in the County of Tulsa., State of Oklahoma., necessitates putting into operation the Mimicipal Court created by litle 11, of Oklahoma Statutes 1961, Section 958.1 as amended by Section 1 of Chapter 391., Laws Thirty-qirst- Oklahoma Legislature, Second Session, (1968); and (2) as required by determine criminal prosecutions wherein a violation of an ordinance of The Town of Owasso is charged, and in accordance with the laws of the State of Oklahoma, in such PASSED in public session of the Board of Trustees of the incorporated town of I The Town of Owasso in Tulsa County., . State of Cklahoma., this 20th day of January. 1969M A'." MST: lnez� -om. �own er " Town C erk. U Board Member., and all of said Trustees voting affirmatively. AyFIDAVIT OF FILTJqG Town Clerk of The Town Inez of Owasso'. Oklahoma. &-,Ibscrroed to befor8 rRe on the 21st day of January., 1969. comm- sion Exi)ires- ! (7) RESOLUTION NO 21. WHEREAS, by virtue of Senate Bill No. 544, which became law on April 24, 1970, each city and Town government having a Municipal Court, the continuation of which is considered necessary for the efficient disposition of cases involving the violation of its Ordinances, is required to file a Resoltuion to that effect with the County Clerk and the Clerk of the Supreme Court, and WHEREAS, the Town of Owasso, Oklahoma, does so consider that the continuation of its court is necessary, now THEREFORE BE IT RESOLVED, that the Municipal Court of the Town of Owasso, Oklahoma, be continued, and that copies of this Resolution be direced to the County Clerk and to the Clerk of the Supreme Court of Oklahoma in accordance with said Senate Bill No. 544.