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Ord 1120 - Records and files relating to the Municipal Court ORDINANCE NO. 1120 AN ORDINANCE RELATING TO RECORDS AND FILES OF THE MUNICIPAL COURT, APPEALS TO THE CIRCUIT COURT, RELATING TO JURIES IN THE MUNICIPAL COURT AND REPEALING ORDINANCE NO, 760, THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. That the records and files of the municipal court shall consist of a court docket and other papers filed or returned to the court in any proceeding had therein. Section 2. That the following entries shall be made in the municipal court docket: (a) The title of every action or proceeding commenced in this court or before the municipal judge, with the names of the parties thereto and the time of the commencement thereof. (b) The date of making or filing of any pleading, (c) An order allowing a provisional remedy, and the date of issuing and returning the summons or other process . (d) The time when the parties or either of them appear or their failure to do so. (e) Every postponement of a trial or a proceeding, and upon whose application and to what time . (f) The demand for a jury, if any, and by whom made; the names of the persons drawn pursuant to this ordinance who are to appear as jurors and the time appointed for a trial. (g) The names of the persons impaneled and sworn as a jury, and the names of all witnesses sworn and at whose request. (h) The verdict of the jury and when given, and if the iiiry chi s .prrpPs and is di_seharved without jzivinR a verdict. a and the date thereof. (k) Satisfaction of the judgment or any part thereof, (1) A memorandum of all orders relating to the admission of bail, taking bail or commitment for want thereof, (m) All other matters which may be material or especially required by any ordinance or statute, Section 3. That the docket and files of the municipal court are to be safely and securely kept by the municipal judge and by him delivered to his successor in office. Such docket and files are public records, Section 4. That whenever a fine or penalty is imposed for a violation of any ordinance, except when such fine or penalty is imposed pursuant to a plea of "guilty", such person so convicted shall have the right to appeal to the Circuit Court of the State of Oregon for Marion County. Notice of appeal may be given orally in open court or by written notice within 30 days of such conviction. Section 5. That any person accused of any offense defined and made punishable by any ordinance of the City shall have, upon demand made at least five days prior to the date set for trial, the right of trial by jury in the municipal court, The jury shall consist of six persons, selected as provided in this ordinance, Section 6, That upon the effective date of this ordinance, and on the first Monday of January of each year thereafter, a jury list shall be made from the persons in the City of Woodburn competent under the laws of Oregon to serve as jurors in the circuit court. The jury list shall be made and selected in the manner as juries are selected for the circuit court and such list shall contain the he may call to his aid two freeholders of the city qualified to serve as jurors therein, and such freeholders together with the judge may make such list. Section 8. That the jury list shall contain the first and surname, place of residence, and occupation for each person named therein, and shall be dated and signed by the municipal judge at the time the list is prepared. Section 9. That, after the jury list has been made, the municipal judge shall prepare and deposit in a jury box separate ballot slips containing the name, address, and occupation of each person on the jury list. Section 10, That when a jury is demanded in the municipal court, the municipal judge shall draw from the jury box in the presence of the defendant or his attorney, should he request to be present, and in the presence of the city attorney, should he request to be present, a sufficient number of ballots, until the names of 12 persons, who are deemed able to attend at the place and time of trial, are obtained. The 12 persons whose names have been drawn will be summoned as jurors in the cause and, upon request, a list of said jurors will be furnished to the defendant or his attorney and the city attorney before trial. At the time set for trial the defendant or his attorney and the city attorney may examine the prospective jurors and each is entitled to three peremptory challenges, If for any reason, six qualified jurors cannot be selected from the jurors summoned, the judge shall have the right to authorize the selection of bystanders who meet the qualifications of a juror. name is drawn is temporarily absent from the city, or is ill, or is so engaged as to be unable to attend at the time of trial without great inconvenience, the ballot may be laid aside, the name not put on the jury list for the trial for which the jury is being selected and such ballot shall be returned to the jury box after the drawing is completed. Section 12. That when a jury is drawn, summons therefor shall be issued by the municipal judge and the notices to the jury shall be served by the chief of police. Any person notified to appear as a juror and disregarding such notice may be adjudged in contempt of court by the municipal judge and fined a sum not exceeding $25.00. Section 13. That five of the six jurors summoned to try any cause must concur to render a verdict. Section 14. That Ordinance No . 760 is hereby repealed. Section 15, WHEREAS, it is necessary for the immediate preservation of the peace, health and safety of the City of Woodburn and the inhabitants thereof that this Ordinance take effect immediately; therefore, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage by the Council and approval by the Mayor. APPROVED: -- OTTO J . HALTER MAYOR Passed by the Council December 21, 196 „,waW ...w .... . Submitted to the Mayor December 21, 1965 F:LLed in the Office of the Recorder Approved Uecezrber 1, 196 M t'.'1.'rTE T Mo. �a .1, G�C E ".hT� a (rbaCA Recorder of the City of Woodburn, Oregon 1, MARK H THOMPSON, Recorder of the City of Woodburn, do hereby certify That I posted three copies of Ordinance No. 1120, one of which said copies I posted in the City Hall on the bulletin board opposite the entrance to the Recorder® s office, in full view of the traveling public; a second one of said copies I posted on the Northeast corner of the North Marion Fruit Co. , Inc.. , buildingat 237 N . First St. in full view of the traveling public; a third one of said copies I posted on the Paul Sowa & Sons building at 182 Young Street in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn, and that all of said copies were posted by me on the a' ' day of December , l96 Signed Recorder of the City of Wr odhurn, Oregon Th ORDINANCE NO, 1119 AN ORDINANCE DECLARING AND PROCLAIMING THE WITHDRAWAL FROM WOODBURN RURAL FIRE PROTECTION DISTRICT OF CERTAIN PORTIONS THEREOF WHICH HAVE BEEN HERETOFORE ANNEXED TO THE CITY OF WOODBURN, WHEREAS, ORB 222.520 provides that whenever a part less than the entire area of a rural fire protection district becomes annexed to a city in accordance with law, the city may at any time after such annexation cause that part to be withdrawn from such district; and WHEREAS, the tracts of land hereinafter described are within and a part of Woodburn Rural Fire Protection District and have been annexed to the City of Woodburn; and WHEREAS, pursuant to OHS 222.524, the Common Council of the City of Woodburn has elected to cause the withdrawal of these tracts from Woodburn Rural Fire Protection District, has held a public hearing on the question of such withdrawal, after having given notice thereof as required by ORS 222.524, and has determined that such withdrawal is for the best interest of the city, now, therefore, THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1 . That the following described tracts of land, to-wit: Woodburn Senior Estates No . 6, described in Ordinance No. 1108, passed May 4, 1965. (A full description of which is attached to this Ordinance, marked "Exhibit All and by this reference made a part hereof as though set forth herein in full. ) Woodburn Senior Estates No. 7, described as Tract II in Ordinance No. 1112, passed June 1, 1965. (A full description of which is attached to this Ordinance, marked "Exhibit B" and by this