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HomeMy WebLinkAboutOrdinance No. 3 ORDINANCE NO.- AN ORDINANCE CREATING THE OFFICE OF A RECORDER OR CORPORATION COURT FOR THE CITY OF FRIENDS- WOOD, TEXAS, PROVIDING FOR THE APPOINTMENT OF AN OFFICER TO CONDUCT SUCH A COURT OR AS RECORDER, CONFERING THE SAME DUTIES ON SUCH APPOINTED OFFICER AS NOW EXIST WITH THE MAYOR UNDER ARTICLE 1197 REVISED CIVIL STATUTES, REPEALING ALL ORDINAN- CES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY.; WHEREAS, under Articles 1194, 1195, 11,96, 1197A, 1198 and 1199 of the Revised Civil Statutes of Texas , as amended, provide for the creation jurisdiction, duties , 'termof office and vacancies of a Corporation Court or Recorder of Cities operating under the general law of this State and provide that such Corporation Court Judge or Recorder shall hereafter be appointed rather than elected; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD: SECTION 1: The office of Corporation Court Judge or City Secretary after the effective date of this Ordinance shall be filled by appointment of the City Council of the City of Friendswood,' GaLveston County, Texas, SECTION 2: The duties, powers , rights and authority vested by law in the Mayor with reference to serve as exofficio Recorder or Corporation Court Judge, are those outlined in Articles 1194 et seq. of Chapter 16, Title 28, Revised Civil Statutes of Texas , as amended, shall and are hereby con- ferred on such appointee, who shall exercise the identical duties , powers , right and authority now vested in the Mayor, who has declined to serve in such capacity and has tendered his resignation as Recorder or Corporation Court Judge. SECTION 3: The Corporation Court Judge or City Recorder shall be appointed for an indefinite period of time and shall be ,subject to discharge at will of the City Council. Such officer so £filling such position shall receive such compensation as the City Council shall fix from time to time by ordinance or resolution and shall first furnish such indemnity bond as may be required by law or by the City Council by ordinance or resolution. SECTION 4: The effective date of this Ordinance shall be the 25th day of April, A. D, 1961, at 8:00 A. M. I SECTION 5: If any part of any section, portion or section of this Ordinance shall be helf by a Court of competent jurisdiction to be void or unconstitutional, the rest.and remainder of such Ordinance not held to be void or unconstitutional shall continue to remain in full force and effect, and any such partial illegality shall not affect the same as a whole, I SECTION 6: The fact that there does not now exist in the City of Friendswood, Texas , a Corporation Court Judge or Recorder, and that a public necessity exists for the creation of such office, andflie Mayor having resigned his position as Recorder or Corporation Court Judge creates a necessity and the rule requiring that such Ordinance be read on three -1- separate meetings and the same be,, and is hereby suspended and that this ordinance shall take effect from and after its passage and it is so enacted. PASSED and APPROVED this the�day of A. D. 1961. •', CITY OF FRIENDSWOOD, TEXAS Mayor '%��.Cpr�tS'rate^.Seal) ATTEST: Ci Secretary i i ' I -2-