There is hereby created and maintained in the city a municipal
court. Such court shall have the full powers as set forth in V.T.C.A.,
Government Code chapter 29, as amended from time to time.
(Ordinance 401, sec. 1, adopted 7/26/11)
The city secretary, or other person appointed by the council,
shall be ex-officio clerk of the court and is hereby authorized to
appoint a deputy with the same powers as the secretary. The ex-officio
clerk shall hold his office during his term as city secretary, or
as otherwise prescribed by the city council. The clerk shall keep
minutes of the proceedings of the municipal court, issue all process
and generally perform the duties of the clerk of a county court, as
prescribed by law for a county clerk insofar as the same may be applicable.
It shall be the further duty of the clerk to make a monthly report
of all fines and collections and the disposition of all cases, and
file the same with the council.
(Ordinance 401, sec. 2, adopted 7/26/11)
The fines imposed in the municipal court may be the same as
are prescribed for like offenses by the penal statutes of the state,
but shall never be greater. Where any offense is covered solely and
alone by ordinances of the city, such ordinance shall control.
(Ordinance 401, sec. 3, adopted 7/26/11)
The clerk of the municipal court may tax costs in each case
the same as is allowed in the justices’ courts of this state
to the justice of the peace and county attorney and the constable
for like services. Such costs and fines may be collected by the clerk
and turned into the city treasury, taking the receipt of such treasurer
for the same.
(Ordinance 401, sec. 4, adopted 7/26/11)
The city attorney, either in person or by deputy, or such other
attorney designated by the city council, shall as required by the
city council from time to time, represent the city in the prosecution
of each and every complaint, and for such representation there may
be taxed and collected as cost by the clerk of the municipal court
the same fees as are allowed in a like case to the county attorney
by the statutes of the state. Such fees when collected are to be paid
to the clerk of the city by the clerk of the municipal court and the
clerk of the city shall pay the same over to the city attorney.
(Ordinance 401, sec. 5, adopted 7/26/11)
The municipal court shall have concurrent jurisdiction within
the limits of the city, in criminal matters, with the courts of the
justices of the peace, as is provided by statutes of the state. The
rules of procedure for justice courts and the rules of evidence, as
provided by the statutes of the state for the county court, shall
be the rules of procedure and laws governing the different subjects
tried in the municipal court.
(Ordinance 401, sec. 6, adopted 7/26/11)
(a)
Council to appoint.
The office of judge of the municipal
court shall be filled by appointment by the council. The judge shall
be at least 18 years of age and shall not have been convicted of a
felony nor a crime involving moral turpitude.
(b)
Duties.
The judge of the municipal court shall perform
the duties as prescribed by the laws of the state.
(c)
Term of appointment; compensation.
The judge shall be
appointed for a term of office running concurrently with that of the
mayor. He shall receive such compensation as the council shall fix
by ordinance or resolution, and shall furnish such surety bond as
may be required by the council, the premium to be paid by the city.
(Ordinance 401, sec. 7, adopted 7/26/11)
In accordance with article 103.0031 of the Texas Code of Criminal
Procedure, there shall be imposed an additional fee of thirty percent
on all debts and accounts receivable, i.e., fines, fees, restitution,
other debts, and costs that are more than sixty days past due and
have been referred to an attorney for collection.
(Ordinance 271 adopted 7/12/05)
(a)
A
municipal court building security fund is hereby created and shall
be administered by the secretary for the city. The municipal court
building security fund shall be utilized in accordance with the provisions
of article 102.017 of the Texas Code of Criminal Procedure, as amended.
(b)
Any
defendant convicted in the municipal court of the city of a misdemeanor
offense shall pay a three dollar ($3.00) security fee as a cost of
court. The term “convicted” includes any conviction obtained
by way of a plea of guilty or no contest, a trial, grant of deferred
adjudication, and deferral of final disposition in a case.
(c)
The
clerk of the municipal court of the city shall collect the three dollar
($3.00) security fee for the deposit into the municipal court building
security fund.
(Ordinance 359 adopted 8/23/05)
(a)
Established.
(b)
Amount of fee; assessment and collection.
(1)
The fee shall be four dollars ($4.00).
(2)
The fee shall be assessed and collected from the defendant upon conviction
for a misdemeanor offense in the municipal court as a cost of court.
A defendant is considered convicted if:
(3)
The fee shall be collected on convictions for offenses committed
on or after the date this section is adopted and becomes effective.
(4)
The clerk of the court shall collect the fee and pay the fee to the
city secretary, who shall deposit the fee into the municipal court
technology fund.
(c)
Designated uses; administration.
(1)
The fund shall be used only for the purpose of financing the purchase
of or to maintain technology enhancements for the municipal court
of the city. “Technology enhancements” shall include any
and all items described in article 102.0172 of the Texas Code of Criminal
Procedure.
(2)
The fund shall be administered by or under the direction of the city
council. If this section is subsequently repealed or ceases to be
effective, the purpose of the use of any funds remaining in the fund
shall continue to be used and administered as required by this section
and for that purpose this section remains in effect.
(Ordinance adopting Code)
