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HomeMy WebLinkAboutOrdinances (O-70-09)-09/08/1970 10/ ,'J P \\\}i !' CITY OF COLLEYVILLE TARRANT COUNTY 6')02 6~3f) VOL (..) .. PAGf '0 1.1Mt- 3 0 - Ti ------ VOLUME.1- PAGE /l 2 1 2 5 1 LS - HO t!.5O ORDINANCE NO. 0-70-9 AN ORDINANCE ESTABLISHING A MUNICIPAL COURT; DEFINING ITS JURISDICTION; PROVIDING THAT FINES SHALL BE PAID INTO THE TOWN TREASURY; PRO- VIDING FOR PRACTICE AND PROCEDURE; COMPLAINTS; SEAL; DUTIES OF THE TOWN SECRETARY AS CLERK; REGULATING PROCEEDINGS OF A CRIMINAL NATURE; PROCESS; SERVICE OF PROCESS; FEES; ENFORCE- MENT OF JUDGMENT BY WPRISONMENT; PROVIDING FOR A TOWN JUDGE TO BE APPOINTED BY THE COUNCIL, HIS QUALIFICATIONS, TERM OF OFFICE, POWERS AND DUTIES GENERALLY; BOND OF PERSONS ARRESTED; ISSUANCE OF SUBPOENAS, WRITS AND OTHER PROCESS; COMPENSATION, QUALIFICATION AND SELECTION OF JURORS; PROCEDURE FOR APPEALS TO THE COUNTY COURT; AND PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF GENERAL LAWS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COLLEYVILLE, TEXAS: SECTION 1. Creation1 Jurisdict~on, Fines Paid to Town There is hereby created and established a Court to be held in the Town of Colleyville in Tarrant County, Texas, which shall be known as the Municipal Court of the Town of Colleyville, and said Court shall have jurisdiction within the territorial Ordinances of said town; and it shall also have jurisdiction concurrently with the Justice of the Peace of the precinct or precincts in which the town is or may be situated of all criminal cases arising under the penal laws of the State of Texas where the offense was committed within the territorial limits of said town, and the punishment is by fine, and the maximum of said fine under the laws of said State may not exceed TWO HUNDRED AND NO/lOa ($200.00) DOLLARS. Said Court shall have no civil jurisdiction except for the forfeiture and collection of bonds given in case of proceedings pending therein; providing, however, that if by general law of the State of Texas the jurisdiction of Municipal Courts of towns and cities is enlarged so as to give concurrent jurisdiction of said Courts over misdemeanor cases with State Courts, that such jurisdiction as so enlarged shall attach to said Town Court. All fines collected upon judgments ren- dered in said Court shall be paid into the Town Treasury for the use and benefit of said Town. SECTION II. Practice and Procedure, Complaints, Seal, Duty of Town Secretary as Clerk There shall be no terms of said Court and said Court shall be open on such days and during such hours as the Town Council shall hereafter determine by resolution duly adopted and filed in the office of the Town Secretary, and all applicable rules relating to process, pleadings, practice and procedure now established for the County Courts of Texas shall apply in said Municipal Court of the Town of Colleyville, except that all criminal proceedings and pro- secutions in said last named Court shall all be commenced by ORDINANCE NUNBER 0-70-9 ;" VOL 6~~02 PAG! ti04 VOLUME r PAG:n _lL complaint which shall run in the name of the State of Texas and shall conclude Ilagainst the peace and dignity of the State;" if any offense is charged under an Ordinance of the Town the complaint may also conclude "against the Ordinances of said Town in such cases made and provided. If Every complaint filed in said Court shall be verified by affidavit and such complaint may be sworn to before the Mayor, the Town Judge or the Town Secretary, and for the purposes afore- said each and everyone of such officers is hereby empowered to administer oaths, or such complaints may be sworn to before any officer authorized by law to administer oaths. Except as may be herein otherwise provided the rules and regulations now in force regulating complaints in criminal cases in justice courts shall apply to and govern complaints in the Town of Colleyville Municipal Court, which said Court shall have a seal upon which shall be engraved a five-pointed star with the words "Municipal Court, Colleyville," and the imprint of said seal shall be affixed to all process except subpoenas issued out of said Court, and shall be used to authenticate the official acts of the Town Secretary as Clerk of said Court, and of the Town Judge as Judge thereof, and said Town Secretary is hereby constituted the Clerk of said Court, and it shall be his duty to keep a record and minutes of all the orders and proceedings of said Court, and to collect and receive all fines and costs and fees imposed in said Court, and to pay the same over the Town Treasurer. SECTION ID. Criminal Proceedings; Process to Run in Name of State; Service of Process; Fees; Remission of Costs; and Enforcement of Judgment by Imprisonment. All prosecutions and proceedings of a criminal nature in said Court, whether under a Town Ordinance or under a State penal statute, and all process issued out of said Court shall be run in the name of the State of Texas, and all such process shall be executed and served by the Town Marshal or any of his deputies under the rules and regulations provided by law for service by Sheriffs and Constables of process issued by County Courts, insofar as such rules and regulations are applicable to process from the municipal court of Colleyville, ani there shall be taxed against and collected of each Defendant in the case of his con- viction in said Court not on plea of guilty the same costs and fees for the Town Judge and for the Marshal, and also for the prosecuting attorney, as now provided by law for the justices and constables and for the Town Attorney respectively, in criminal cases in justice Courts; and for the Town Secretary acting as Clerk there shall be taxes and collected the same fees and costs as are now allowed by law to the Justice of the Peace for like services in criminal cases in the Justice Courts, and said fees and costs shall be paid into the Town Treasury and disposed of as the Council shall direct. On a plea of Guilty the Town Judge may in his discretion, remit the costs and impose a fixed amount by way of fine. The judgment of said Court shall be enforced by imprisonment of any Defendant or Defendants adjudged guilty therein until the fine, costs and fees assessed against that Defendant shall ill ve been paid, or until the same shall have been satisfied at such rate per day during imprisonment as the Council may provide, and any such judgment may al so be enforced by execution against the property of the Defendant or Defendants adjudged guilty therein. vOl62U2 PAG~ 635 VOLUME .:c PAGE It! SECTION IV. Town Judge, elected by Town Council; QJalifications; Term, Powers and Duties; Bond of Persons Arrested; Issu?-nce of Subpoenas, Writs, etc.; Compens?-tion. Said Court shall be presided over by a Judge who shall be 1mown as the Town Judge. Said officer shall be appointed by the Mayor and confirmed by the Town Council and mayor may not be a resident of the Town. He shall hold office for two years from the date of his appoint- ment unless sooner removed by the Council on account of services not being satisfactory, of which matter the Council shall be the sole and exclusive Judge, and their action regarding the same shall be final. He shall have full power and authority to enforce all process of said Court, and to punish witnesses for failing to obey subpoenas and to compel their attendance by process or attachment, and to punish all contempt of his Court by fine or imprisonment or both. He may require all persons arrested for offenses committed in the territorial limits of the Town a bond or bonds for his or their appearances before said Court, and no such bond shall be taken except it be executed by the person in whose behalf it is made, and with two or more good and suf- ficient sureties to be approved by the Town Judge, and all bonds taken in proceedings in said Court shall be payable to the Town of Colleyville The Town Judge shall have power and authority to administer official oaths and affirmations, and to give certificates thereof, and either the Judge or the Town Secretary acting as ex-officio clerk of said Court shall have full power and authority to issue subpoenas, writs of capias, seach warrants, executions, and all otherprocess 1mown to the law which justice Courts are by law authorized to issue in similar cases. If for any cause the Town Judge shall temporarily fail to act, then and in such case the Ma~or or, in his absence, inability or dis- qualification, the Mayorfcf:ffHe Town is hereby authorized to appoint some qualified per son who shall act in the place and stead of the Town Judge, and who shall have all the powers and discharge all the duties of said office, and shall receive the compensation therefor accruing while he is so acting. The Town Judge shall receive such compensation as may be determined by the Council by resolution passed, approved and filed in the office of the town secretary at the time of his selection to fill such office. SECTION V. ~ifications and Sele.ction of Juror s All jurors in said Court shall be residents of and qualified voters within the Town of CoUeyville, and shall be otherwise possessed of all qu.alifications required of jurors in County Courts, and they shall be summoned and selected by the Town Marshal or under his direction from the qualified voters in the Town. SECTION VI. Armeals of County Court; Procedure. Appeals to the County Court of Tarrant County from convictions in said Municipal Court of Colleyville shall lie in all cases, and such appeals shall be governed by the same rules of practice and procedure as are now provided by law in such cases of appeals from a justice court to the said County Court insofar as said rules are applicable. VOL 6~~(J2 PAGf fJ06 VOLUME ;; PAGE .20 SECTION VII. Cumulative of General Laws The foregoing six sections are hereby declared to be cumulative of any laws that may now or hereafter be passed by the Legislature re- gulating or increasing the jurisdiction of Municipal Courts in towns under general law. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION VITI. Declaring an Emergency The fact that the Town of Colleyville has no Ordinance establishing a Municipal Court and it would be the best interest of the citizens of Colley- ville to have a Municipal Court as soon as possible creates an emergency and imperative necessity requiring the suspension of any rule that requires that an Ordinance shouli be read three separate meetings of the Council and such rule is hereby suspended and this Ordinance shall be effective from and after its passage and publication as recorded by law. APPROVED AND ADOPTED by a vote of 2-- yeas and -1- nays on this the 8th day of _September , 1970. . ::1.IUI;', \ : ,,~., -' f _ "1 , ~ -< <- "- . ; i; " ';..J.."'~"J;..,.~" (/ ~IJ .~ ;' j","~('o'''' '~... ." i I \~ .~. //~ f)~a ,) , . (~.l&-,' /.. '-v.L~A \ ---- /- . MAYO, /' o _:1+ }/';r1 ", / . .: .' / ~ ! ..../ .-", '. 1/', \ .... ~ .' .:.A1'TEST: l'" . CtC-.J f ,r.. to......",... .,~i;lo ,:,;.. APPROVED AS TO LEGALITY AND FORM &~}I\. '\i\~,~r TOWN ATTORNEY !' 'I. , ; ....>Ii? .~-<.... '. ,,~ . , ; . j : ". :-- : L~:' ~ .?", J ;'.., " ~. ~"... ", ' I ~ t, \ \ ,J