16 Staff Report - Amending Division 3 Clarifying Court Filings
DATE: TO: FROM: COUNCIL AGENDA REPORT November 24, 2004 ORRY P. KORB, TOWN ATTORNEyd4--MEETING DATE: 12/06/04 ITEM NO. }(0 SUBJECT: INTRODUCEORDINANCEAMENDINGDNIS
ION3,TOWNATTORNEY, SECTION 2.30.505 OF THE TOWN CODE, CLARIFYING COURT RECOMMENDATION: a. Direct the Clerk to read the title. b. Waive the reading c. futroduce the ordinance
and instruct the Clerk to publish a summary no more than five days prior to adoption. BACKGROUND: Prior to June 1998, California trial courts consisted of two courts, a superior and
municipal, each with their own jurisdiction. fu June 1998, California voters approved Proposition 220, amending the constitution andpermittingjudges in each countyto merge the superior
and municipal courts into a single superior court. Santa Clara County consolidated the courts on July 30, 1998. The proposed amendment clarifies the location for prosecution ofcriminal
actions or violations ofthe Town Code. Attachments: Proposed Ordinance PREPARED BY: ORRYP. KORB, TOWN ATTORNEY OPK:LMB/wp [N:IATY\TA-Duites.TCR.wpd] Reviewed by: Manager £ Assistant
Town Manager Community Development Rev: 11/24/04 8:44 am Reformatted: 7/19/99 Clerk Finance File# 301-05
ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 3, TOWN ATTORNEY, SECTION 2.30.505 CLARIFYING COURT FILINGS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I Division 3, Section 2.30.505, is amended to read as follows: Section 2.30.505. Duties The Town Attorney shall be the legal adviser ofthe Town and all ofits officers. The Town
Attorney shall prosecute all criminalactions orproceedings in the J\fttn:ieipal Superior Court, including all actions for the violation ofthis Code or any ordinance ofthe Town. The Town
Attorney shall represent the Town in all litigation in which the Town maybe a party or may be interested and shall perform such other duties as may be required by the Town Council. SECTION
II In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be severed from the remaining portions which shall remain in full force and effect.
SECTION III This ordinance was introduced at a regular meeting ofthe Town Council ofthe Town ofLos Gatos on ,2004, and adopted by the following vote as an ordinance of the Town ofLos
Gatos at a meeting ofthe Town Council of the Town of Los Gatos on is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ,2004 and takes effect 30 days after it MAYOR OF THE
TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK. ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\TA-Duites.ORD.wpd