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HomeMy WebLinkAboutOrdinances (O-09-1735)-11/17/2009ORDINANCE 0-09-1735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, 'TEXAS, CREATING AND ESTABLISHING A MUNICIPAL COURT OF RECORD; PROVIDING FORA REGULAR MUNICIPAL JUDGE, ALTERNATE JUDGES, COURT MUNICIPAL COURT CLERK, AND ALTERNATE MUNICIPAL COURT CLERKS; PROVIDING FOR THE FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND MUNICIPAL COURT CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS; REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED OF A STATE STATUTE, CITY ORDINANCE OR OTHER LAW OR REGULATION; AUTHORIZING THE MUNICIPAL COURT MUNICIPAL COURT CLERK TO FILE A COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED WITH THE OFFENSE OF FAILURE TO APPEAR; PROVIDING A PUNISHMENT NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR A FAILURE TO APPEAR VIOLATION; PROVIDING FOR ASSESSMENT AND COLLECTION OF A WARRANT FEE OF FIFTY DOLLARS ($50.00) FOR THE ISSUANCE AND SERVICE OF A WARRANT OF ARREST WHEN A DEFENDANT FAILS TO APPEAR IN COURT; DESIGNATING THE FUNDS INTO WHICH WARRANT FEES ARE TO BE PAID; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AND DECLARING A COMMENCEMENT DATE WHEREAS, Texas Government Code Chapter 30, provides that a governing body of a municipality may by ordinance create a municipal court of record if the governing body determines that the creation of the court is necessary to provide a more efficient disposition of the cases arising in the municipality; and WHEREAS, the City Council of Colleyville, Texas hereby finds that the creation of a municipal court of record by this ordinance is necessary to provide a more efficient disposition of the cases arising in the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Municipal Court. A) Creation. There is hereby created and established a court designated as a "Municipal Court of Record No. 1" of the City of Colleyville, Texas (the "City"), with all such powers and duties are now, or may hereafter, be prescribed by the laws of the State and Ordinances of the City. B) Judge and Associate Judges. Ordinance 0-09-1735 Page 2 of 4 1) The City Council, by majority vote, shall by ordinance appoint a Texas Licensed Attorney to act as judge of the municipal court. The judge of the municipal court shall serve at the discretion of the City Council. Said initial appointee shall hold a term of office corresponding to the unexpired term of the mayor, and every two (2) years thereafter a municipal judge shall be appointed for a term of two (2) years. 2) The City Council may appoint one or more persons to sit for the regular judge of the municipal court or for the presiding judge or any of the associate judges of such court, while such judge or judges, any or all, are temporarily unable to act for any reason. Such appointee or appointees shall possess the same qualifications required of the regular municipal judge, and shall have all the powers and duties of such office. C) Municipal Court Clerk. A Municipal Court Clerk for the municipal court shall be appointed by the City Manager. The Municipal Court Clerk shall issue all the process and generally perform the duties of the clerk of a court as prescribed by law for a county clerk insofar as the same may be applicable. The Municipal Court Clerk shall keep the records of the municipal courts of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the Municipal Court Clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The City Manager may appoint deputy Municipal Court Clerks, warrant officers, and other personnel as needed for the proper operation of the court. The Municipal Court Clerk and other court personnel perform their duties under the direction and control of the presiding judge. D) Vacancy. A vacancy in the office of judge of the municipal court or Municipal Court Clerk shall be filled for the unexpired term. E) Setting Time of Court Sessions. The judge of the municipal court shall have power to set the time for court sessions as the docket may require. Sec. 2. Failure to AppearNiolate Promise to Appear. A) Appearance Required. That any person summoned or ordered to appear in the municipal court to face and answer a charge brought against that person by the City for violation of a State statute, City ordinance or other law or regulation shall appear in the municipal court at the date and time specified in the summons or order. For Ordinance 0-09-1735 Page 3 of 4 « , purposes of this ordinance, the term Person shall mean any corporation, partnership, joint venture, individual or any other entity recognized in law. B) Complaint. In the event a person summoned or ordered to appear in municipal court as outlined in Section 2A of this ordinance fails to appear, the municipal court Municipal Court Clerk shall be authorized and empowered to file a complaint in municipal court charging that person with failure to appear/violate promise to appear as summoned or ordered. Sec. 3. Warrant Fees. That the following fees are hereby be imposed and collected by the municipal court in the following instances: A) Defendant Not Convicted of Misdemeanor. 1) Whenever a warrant of arrest is issued and served and the defendant made the subject of the warrant is not convicted in the Municipal Court of the violation for which the arrest warrant was issued, a fee not to exceed the sum of Fifty Dollars ($50.00) shall be imposed and collected by the City in the following instances. a) When a person fails to appear in accordance with Section 38.10, Texas Penal Code, as amended, and with chapter 543, Subchapter A, Texas Transportation Code; and b) In all other instances where there has been filed a complaint providing that there has been a violation of law or ordinance which imposes criminal penalties for violations thereof, provided that written notice of the issuance of an arrest warrant and imposition of the warrant fee has first been given to the offender. 2) The judge of the municipal court shall set the warrant fee authorized by this Section 3A in an amount not to exceed Fifty Dollars ($50.00). 3) The funds collected pursuant to this Section 3A shall be paid into the City treasury for the use and benefit of the City. Sec. 4. Savings, Repealer. This ordinance shall be cumulative of ail other ordinances of the City affecting the City's municipal court and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. Ordinance 0-09-1735 Page4of4 ': 'Sec. 5. Severability. If any section, article, paragraph, sentence, clause, phrase, or word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 6. Penalty for Failure to Appear Violation. It shall be unlawful for any person to violate this ordinance, and any person found guilty of violating or failing to comply shall be fined, upon conviction, not more than Five Hundred Dollars ($500.00). Sec. 7. Commencement Date. The Municipal Court of Record No. 1 of the City of Colleyville, Texas, is created commencing January 1, 2010. AND IT IS SO ORDERED. hearin bein conducted on the '~-'~' day of The first reading and public g g 2009. Th second reading and public hearing being 2009. ATTES . Cynthia singleton, TRMC, CMC City Secretary conducted on the ~ day of CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney