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.
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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
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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.
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': '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