Loading...
ORD 2001-22TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001 - 22 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 1999-27, CREATING AND ESTABLISHING A MUNICIPAL COURT; AND ADOPTING NEW PROVISIONS TO CREATE THE MUNICIPAL COURT OF RECORD NO. I IN THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AUTHORITY; ESTABLISHING DATES OF ABOLITION AND COMMENCEMENT; PROVIDING FOR THE APPOINTMENTS, QUALIFICATIONS, VACANCIES, REMOVAL AND JUDICIAL AUTHORITY OF JUDGES; PROVIDING FOR THE APPOINTMENT OF A MUNICIPAL COURT CLERIC; ESTABLISHING :PROVISIONS FOR FAILURE TO APPEAR AND PROMISE TO APPEAR VIOLATIONS; PROVIDING DRIVING SAFETY FEES; PROVIDING WARRANT FEES; PROVIDING A TRANSCRIPT PREPARATION FEE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Government Code Chapter 30, "Municipal Courts of Record," Subchapter VV, Town of Trophy Club and Subchapter A, "General Law for Municipal Courts of Record" provides that the governing body of the Town may create a municipal court of record if the creation of a municipal court of record is necessary to provide a more efficient disposition of cases arising in the Town; WHEREAS, on October S, 1999, the Town enacted Ordinance No. 1999-27, creating and establishing a municipal court which is not a court of record; WHEREAS, it is now the desire of the Town to repeal Ordinance No. 1999-27 in its entirety, thereby abolishing the existing municipal court, and adopt new provisions for the creation of the Municipal Court of Record No. 1; and WHEREAS, the Town Council has determined that the creation of a Municipal Court of Record will provide a more efficient disposition of cases arising in the Town and serve the best interests of the citizens. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 11. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided however, that Ordinance No. 1999-27 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 12. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 13. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinances or Resolutions of the Town affecting municipal court, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such other Ordinances or Resolution, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 14. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 1. INCORPORATION OF PREMISES All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. ABOLITION• CREATION By the passage of this ordinance, the existing municipal court is hereby abolished and the Municipal Court of Record No. 1 is hereby created in the Town of Trophy Club. The Town Council, in accordance with the determinations above, finds that a Municipal Court of Record is necessary to provide a more efficient disposition of cases arising in the Town. The Municipal Court of Record No. 1 shall have concurrent jurisdiction with the Justice Court in any precinct in which Town is located in those criminal cases that arise in the Town and that are punishable by fine only. SECTION 3. AUTHORITY The Town of Trophy Club Municipal Court of Record No. 1 is hereby established pursuant to Texas Government Code Chapter 30, "Municipal Courts of Record," Subchapter A, "General Law for Municipal Courts of Record," Sections 30.0181, Subchapter W, all as from time to time amended, and the provisions of such legislation governing the operation of a municipal court of record are hereby adopted. SECTION 4. COMMENCEMENT The existing Municipal Court of the Town is hereby abolished as of 12:00 a.m. on September 30, 2001, Simultaneously with the abolition of the existing Municipal Court, the Town of Trophy Club Municipal Court of Record No. 1 is created. All cases, warrants and other pending matters in the existing Municipal Court are hereby transferred to the Municipal Court of Record No. 1, commencing at 12:00:01 a.m, on the 1st day of October, 2001. SECTION 5. JUDGES A. Appointments. The Town Council shall appoint a Presiding Judge and, at its discretion, appoint one or more Alternate Judges. The Presiding Judge and the Alternate .fudges shall be appointed for terms of two (2) years each and shall have the authority provided by state law, Each term of office shall commence upon the effective date of the ordinance appointing each such judge. Town Council shall establish the compensation for the Presiding Judge and each Alternate Judge. B. Qualifications. Each person appointed as a municipal court judge shall be: (1) a resident of the State of Texas, (2) a citizen of the United States, and (3) a licensed Texas attorney in good standing who has two or more years of experience in the practice of law in Texas. C. Temporary Vacancy. The Town Council may appoint one or more persons to sit for the Presiding Judge or for any Alternate Judge(s) of the municipal court while any such judge or judges are temporarily unable to act for any reason. The substitute judge(s) shall meet all of the qualifications prescribed for the municipal judge, and while serving as a municipal judge, shall have all the powers and discharge all the duties of a municipal judge. D. Vacancy. If a vacancy occurs in the office of municipal judge of the Court, the Town Council shall by ordinance provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term only. E. Removal. A municipal judge may be removed from office by the Town Council at any time for the reasons stated and the procedure provided for the removal of mayors and aldermen in Section 21.002 of the Texas Local Government Code, as amended. F. Judicial Authority. All duly appointed municipal court judges shall have the authority as provided by the applicable provisions of the Texas Government Code, as amended, and all other applicable laws. SECTION 6. APPOINTMENT OF CLERK The Town Council shall appoint a Municipal Court Clerk for the Municipal Court of Record No. 1 who shall be an employee of the Town, subject to the supervision of the Presiding Judge. The Town Council shall make an annual appropriation for Municipal Court functions and personnel, including a court reporter and a bailiff, as deemed necessary for the proper operation of the Court. All Municipal Court personnel shall serve under the direction and control of the Presiding Judge. The Municipal Court Clerk shall report to the Town Finance Director for administrative purposes such as employee benefits and the scheduling of leave. Upon the direction of the Finance Director and Presiding Judge acting through the Town's Human Resources Department, the Clerk may hire, direct, supervise or remove the personnel authorized in the Town's Annual Budget. The Clerk shall appoint a Court Reporter, The Municipal Court Cleric shall perform all tasks required for the performance of his/her duties, including but not limited to those duties required by Chapter 30 of the Texas Government Code, as amended, and all other applicable laws. SECTION 7. FAILURE TO APPEAR / VIOLATE PROMISE TO APPEAR A. Appearance Required. That any person summoned or ordered to appear in the Town Municipal Court of Record No. 1 to face and answer a charge brought against that person by the Town for a violation of a State statute, Town ordinance or other Iaw or regulation shall appear in the Municipal Court of Record No. 1 at the date and time specified in the summons or order. For purposes of this Ordinance, "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 the Municipal Court of Record No. 1 as outlined in Section 7.1 of this Ordinance fails to appear, the Municipal Court Clerk shall be authorized and empowered to file a complaint in the Municipal Court of Record No. 1 charging that person with failure to appear / violate promise to appear as summoned or ordered. SECTION S. DRIVING SAFETY FEES A non-refundable fee of ten dollars ($10.00) shall be collected as a special expense each time a person requests to take a driving safety course for the purpose of having the charge dismissed after the successful completion of the course. The fee shall be paid into the Town treasury to recover the costs incurred by the Town in processing the person's request for a driving safety class. SECTION 9. WARRANT FEES The following fees are hereby established and shall be imposed and collected by the Town's Municipal Court of Record No 1 for a defendant convicted of a misdemeanor in the following instances: A. When a defendant has been convicted in the Municipal Court of the Town, the defendant shall pay the sum of $50.00 for the execution or processing of an issued arrest warrant or capias by a peace officer. The fee shall be assessed on conviction regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted. law. B. Proceeds collected hereunder shall be retained by the Town in accordance with SECTION 10. TRANSCRIPT PREPARATION FEE A transcript preparation fee of Twenty -Five dollars ($25.00) shall be paid by each defendant appealing from a judgment or conviction in the Municipal Court. The transcript preparation fee does not include the fee for the actual transcript of the proceedings and must be paid by the defendant in addition to the fee for the actual transcript, The Court clerk shall note the payment of the transcript preparation fee on the docket of the court and shall refund the fee to the defendant if the case is reversed on appeal. SECTION 15. EFFECTIVE DATE This ordinance shall become effective from and after its date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED by the Town Council own o ophy Club,,, Texas this the 17`E' day of September 2001. / own of Trophy Club, Texas ATTEST: -CSG Town ecretary Town of Trophy Club, Texas O�'�aOPy� O [SEAL] O APPROVED AS TO FORM: ~ �9�UARY Town Attorney, Town of Trophy Club, Texas