VILLAGE OF CAPITAN
ORDINANCE 2005-11
REPEALING ORDINANCE 2004-09
AND
APPOINTMENT TEMPORARY MUNICIPAL JUDGE

PREAMBLE

WHEREAS, the Village Council of Capitan, New Mexico is charged with making laws to protect the safety, health and welfare of the Village and its citizens, and;

WHEREAS, the governing body of the Village of Capitan on the 14 Day of December, 2004 by Ordinance 2004-09 on the death of the incumbent municipal judge, Jack Johnson, decided it was in the best interest of the Village of Capitan at that time not to have an election for a municipal judge, but instead to designate the Division I Magistrate Court in Carrizozo, Lincoln County, New Mexico as the court having jurisdiction over municipal ordinances, and;

WHEREAS, Section 1-6-1 MUNICIPAL JUDGE, ELECTIVE OFFICER provides:
“The municipal judge shall be an elective officer of the Village whose term of office shall be four (4) years. (Ordinance 66-1, 2-9-1966; Amd. 1981 Code 1-2-1.) and Section 1-9-1 through 1-9-5 provide for a Municipal court, and;

WHEREAS, the Village of Capitan did by said Ordinance abate Sections 1-6-1 Municipal Judge, Elective Officer and 1-9-1 thru 1-9-5 Municipal Court until further notice and pursuant to Section 35-14-1 B, NMSA 1978, designated the Magistrate Court, Division I, in Carrizozo, Lincoln County, New Mexico as the court having jurisdiction over municipal ordinances, and; a copy of the Ordinance was forwarded to the court and the Administrative Office of the Courts, and ; copies of all municipal ordinances over which the magistrate court was to have jurisdiction were provided to the magistrate court, and;

WHEREAS, the governing body of the Village of Capitan, after due consideration at a meeting held on May 14, 2005, concluded that it is in the best interest of the Village of Capitan to repeal Ordinance 2004-09, and to appoint a municipal judge to serve until the end of the current term of the late Judge Jack Johnson, and;

WHEREAS, Sections 1-6-1, et.seq. and 1-9-1 thru 1-9-5 were abated until further notice, and;

WHEREAS, the Village Council decided that a temporary judge should be appointed to wit: J.D. Roehrig, until the next election; and did appoint J.D. Roehrig on May 14, 2005, and;

NOW THEREFORE, BE IT ORDAINED by the governing body of the Village of Capitan that:
1. Sections 1-6-1 Municipal Judge, Elective Officer and 1-9-1 thru 1-9-5 Municipal Court are hereby reinstated in their entirety.
2. Ordinance 2004-09 is hereby repealed.
3. A copy of this Ordinance shall be delivered to the Administrative Office of the Courts and to the Magistrate Court, Division I, located in Carrizozo, Lincoln County, New Mexico.
4. The appointment of J.D. Roehrig as temporary judge of the Municipal Court of the Village of Capitan is hereby approved and affirmed.
5. This Ordinance will take effect as of June 21, 2005 pursuant to Section 3-17-5 NMSA 1978.

PASSED, APPROVED AND ADOPTED this 14 day of June, 2005.

VILLAGE OF CAPITAN

Bobbi Shearer, Mayor Pro Tern

ATTEST:

Anna Gail Grassie, Village Clerk


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