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HomeMy WebLinkAboutOrd 401 Establishing a Municipal Court of Record No 1TOWN OF WESTLAKE ORDINANCE NO. 401 AN ORDINANCE OF THE TOWN OF WESTLAKE ESTABLISHING MUNICIPAL COURT OF RECORD NO. 1; REPEALING ORDINANCE NO. 337; ESTABLISHING DATES OF ABOLITION AND COMMENCEMENT; PROVIDING FOR THE APPOINTMENTS, QUALIFICATIONS, VACANCIES, REMOVAL AND JUDICIAL AUTHORITY OF JUDGES; PF.OVIDING FOR THE APPOINTMENT OF A MUNICIPAL COURT CLERK; ESTABLISHING PROVISIONS FOR FAILURE TO APPEAR AND PROMISE TO APPEAR VIOLATIONS; PROVIDING DRIVING SAFETY FEES; PROVIDING WARRANT FEES; PROVIDING A TRANSCRIPT PREPARATION FEE; PROVIDI'VG A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Texas Governm,nt Code Chapter 30, "Municipal Courts of Record," Subchapter UU, Westlake and Subchzpter A, "General Law for Xtur icipal Courts of Record" provides that the governing body of th(.-. Town by ordinance may establish its municipal court as a municipal court of record if the formation of a municipal court of record is necessary to provide a more efficient disposition of cases arising in the Town; and WHEREAS, on September 27, 1999, the Town enacted Ordinance No. 337, creating and establishing a municipal court which is not a court of record; and WHEREAS, it is now the desire of the Town to repeal Ordinance No. 337 in its entirety, thereby abolishing the existing municSpal court, and adopt new provisions for the creation of Municipal Court of Record No. 1; and WHEREAS, the Board of AlJermen determines that it is in the best interest of the citizens of Westlake to establish the Municipal Court as the Municipa't Court of Record No. 1 in order to provide a more efficient disposition of cases arising in the Town. NOW, THEREFORE, BE IT ORDEi,INED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All maters statec in the preamble are found to be true and correct and are incorporated herein by reference as if c )pied in their entirety. SECTION 2: There is hereby established Municipal Court of Record No. 1 for the Town of Westlake. The Board of Aldermen, 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 Court shall have concurrent jurisdiction with the Justice Courtin any precinct in which Town is located in those crimind cases that arise in the Town acid that are punishable by fine only. SECTION 3: The Town of Westlake Municipal Court of Record No. 1 is established pursuant to Texas Government Code Chapter 30, "Municipal Courts of Record," Subchapter A, "General Law for Municipal Courts of Record," Sections 30.00001 to 30.00027, Subchapter UU, 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: The Board of Udermen shall appoint a Presiding Judge and, at its discretion, appoint one or more Alternate Judges. The Presiding Judge and the Alternate Judges shall be appointed for terms of two (2) years each and shall have the minimum qualifications and authority provided by state law. Each term of office shall commen.e upon the effective date of the ordinance appointing each such judge. The Board of Aldermen shall establish the compensation for the Presiding Judge and each Alternate Judge. SECTION 5: The Board of Aldermen 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. Tl e Board of Aldermen shall make an annual appropriation for Municipal Court functions and personnel, including a court reporter and a bailiff, as deemed necessary for proper operation of the Court. All Municipal Court personnel shall serve under the direction and control of the Judge. The Clerk shall appoint a Coatis Reporter as needed. The Municipal Court Clerk shall perform all tasks required for the performance of their duties, including but not limited to those required by Chapter 30 of the Texas Government Code, as amended, and all other applicable law. SECTION 6: The Municipal Court of Record No. 1 shall commence on the 1St day of January, 2002, at 12:00 a.m. The existing Municipal Court of the Town established by Ordinance No. 337 is abolished simultaneous with the commencement of Municipal Court of Record No. 1. All cases, warrants and other pending matters in the existing Municipal Court are transferred to the Municipal Court of Record No. 1 commencing at 12:00 a.m. on the 1St day of January, 2002. SECTION 7: Ordinance No. 337 is hereby repealed simultaneous with the creation of Municipal Court No. 1. All other ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of any conflict. SECTION 8: 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 law 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 ar y other entity recognized in law. am B. Com 1p aint. In the event a person summoned or ordered to appear in the Municipal Court of Record No. 1 as outlined in Section 8.A.of this Ordinance fails to appear, the Municipal Court Clerk shall be author zed 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 9: DRIVING SAFETY FEES A non-refundable fae often dollars ($10.00) shall be collected as a special expense ea(rh 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 10.: WARRANT FEES The following fe€s 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 follow ng instances: A. When a defendant has '.)een convicted in the Municipal Court of the Town, the defendant shall pay the sum of $50.00 r'or the execution or processing of an issued arrest warrant or capias by a peace officer. The fee ;hall 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 c the offense for which the defendant has been convicted. B. Proceeds collected here ander shall be retained by the Town in accordance with law. SECTION 11: TRANSCRIPT PREPARATION FEE A transcript preparation fee of Twenty -Five dollars ($25.00) shall be laid by each defendant appealing from a judgment or conviction in the Municipal Court. Thee 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 s:rall 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 12: In the event that any portion or section of this Ordinance is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiiction, such decision shall in no manner affect the remaining portions or section of this Ordinance which shall remain in full force and effect. SECTION 13: This Ordinance shall take effect from and after its passing, and in accordance with State law. PASSED AND APPROVED THIS 22I'D DAY OF OCTOBER, 2001,. Page 3 ATTEST: Inger C sswy, Town Secr t APPROVED AS TO gm Scott Bradley, Mayor Trent O. Petty, "1 q anager I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 401 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were November 6, 2001. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § 0 COUNTY OF TARRANT Pam Nolte this 28th day of November, 2001, to certify which witness my hand and seal of office. 0 Notary Public, State of Texas Printed Name of Notary My commission expires Lel,'PL 0� gAR UBMUC OW 0 ofFriMW 6 - , - .. I I T R E 1E TOWN OF WESTLAKE �01�,U]JiWiup 1-yocii kscruint-nage), ree Estimates Is New Construction SERVICE ORDINANCE NO. 401 Residential & Commercial An ordinance of the Town of Roof Replacement Serving A,!vrff?east Westlake establishing No. 0 Repair-,,- Tarrant County ipal Court of Record No. 1; Commercial • 110,,11,gh repealing Ordinance No. 337; Civic Repair & Remodel Chimney Caps establishing dates of aboli- insured tion and commencement; Water Heater Repair/Replacement providing for the appoint- Meetiligs r :Sewer Drain Cleaning 1-888-299-3201 ments, qualifications, vacan- cles, removal and judicial au- Free Estimates www.tideroofing.com Great Prices thority of judges; providing City councils & boards Serving NE Tarrant Co. 1 Free Estimates for the appointment of,a mu- nicipal court clerk; establish- Haslet: City Council, 2nd/4th Mon. 7 pm Plat Call Anytime Ing provisions for failure to & Zoning Com. Ist Mon. 7pm HasletCity Hal Locally Owned appear and promise to ap- 105 Main St. Terms including pear violations; providing dri- Keller: City Council, Ist/3rd Tue. 7 pm (Wor MC, Visa ving safety fees; providing Session-6 pm)Telecast live: Charter Cable, Char warrant fees; providing a REPAIR Guaranteed transcript preparation fee; net 7. Plan.& Zoning Com. 2nd/4th Mon. 7 pr providing a repealing clause; (Workshop-6.) Keller City Hall, 158 S. Main S & REMODEL INSURED ME, providing a severability Marshall Creek City CounciL.4th Mon. 7 pr clause; and providing for an Marshall Creek City Hall, 132 Ash Lane. Wine, WILLIAMS PAINTING -and 817-281-1452 effective date. Roanoke: City Council, 2nd/4th Tue. 7 pm Pfau Home Repairs. Tape, bed - and textures; wall paper; Tree Estimates & Zoning Com. Ist/3rd Mon. 7:30 pm, Roanok • n traction • • New w Construction r • Residential & Commercial Roof p __a_ _n, Roof Replacement .S g t , 7kylh ceramic tile. Ronnie, 817- PUBLIC NOTICE City Hall, 201 Bowie St. 379-2657. • CLASSIFIED Trophy Club: City Council I stl3rd Mon. 7:30 pn )r , DECKS, PATIO - roofs, re- DEADLINE IS TOWN OF WESTLAKE Plan. & Zoning Com. lst!3rdThur. 6pm Munic pairs and other small jobs. (817)337-4578 NOON ON FRIDAYS ORDINANCE, NO. 402 ipal Utility District Bldg, 100 Municipal Dr. Free estimates. Over 20 817-431-2231 pWestlake: Board of Aldermen 2nd/4th Mon. 7:3( years exerience. 817-379- pm(Exec. Session-7 pm) Plan, Zoning Com it 5597, Bill. KeWestlake, Texas, amending ller An ordinance of the Town of 2nd Thur. 7:30 pm 3 Village Ci.Ste. 207, Solana ALLIANCE TILE. Shower re- Ordinance No. 368 in its en Schoolhoards builds and repairs, floor tile, tirety, establishing water and Keller ISD Board 2nd/4th Mon. 7:30 pm (Wort back splashes. Free es- wastewater rates; providing timates. Robert, 817-379- ow '�flo,0 FING an effective date; providing a Session-6:30) Admin. Bldg., 304 Lorine, Keller 1236. Northwest ISD Board, 4th Mon., 7pm, Admin S1Ta0 1982 penalty clause; and providing for a savings clause. Bldg. Board Rm., SH 114, Justin. Reroofing ­•Ljoak,* d _p4n!sr arpentry Painting/DryvvAl.� CZ'.r pet:&Tile 4 Remodeling PUBLIC NOTICE JENCO CONSTRUCTION 817-829_204'3%�neWilso . n 817-379-6880 IN 'Sm� TOWN OF WESTI AKE Clubs & Orgr 1 Remodeling Specialists ORDINANCE NO. 403 Alcoholics Anonymous 7,nights/week, 7 pm, 37' Home Repairs ANDERSON ROOFING Golden Triangle Blvd. 817-332-3533. ies Room AdditionsAn ordinance providing for American Business Women's Assoc. IstTuc.6pr • Plumbing/Electrical & REMODELING the participation in the Texas Municipal Retirement System Trophy Club Country Club. 817-491-9155. • Brick & Stone Work Shingles * Remodeling and the supplemental death Friends of the Keller Library 4th Tue. 6:30 pr • Custom Wood Decks • Tile Work & Repair Cedar * Painting benefits fund by the Town of Keller Library Meeting Room. 8.17-431-9011. • Painting & Drywall Tile * Siding Westlake, Texas; and. to Genealogy Group 2nd Sat. 10 am Keller Library Mee make current service and pri- ing Room. 817-431-9011 . • Cabinets & Countertops * Built Up * Fences or service contributions to the Greater Keller Women's Club 3rd Wed. I I am, Th REFERENCES Town's account in the munic- FREE ESTIMATES * Skylights Gutters ipal accumulation fund of the phy Club Country Club. 2nd Thur. 7 prii, Hidden Lak( 56 Metro 8t7 379-5784 817-656-09022WE Texas Municipal Retirement Comm. Ctr. 817-337-0169 or 817-431-9324. Ly_V_"G System at the actuarially de- Haslet Jam Sessions Fri. 7 pm, Fire Hall, Main at S1 termined rate of total employ- 156. Guitariqts, banjo strummers, fiddlers welcome ee compensation; providing Haslet Youth Assoc. 1st Wed. 7pm, Hasict City Hal for a severability clause; pro- 105 Main St. SEWING viding for a savings clause; Keller4-H Club IstTae. 7 pim Scpt-May atLions Clul and providing for an effective date. 534 Keller Pkwy. 817-284-8419 to confirm. Keller Assoc. of Professional Childcare Givers 31 Mon 7:30 pm S'lake Blvd Church 817-379-5667. PUBLIC NOTICE Let me design your Keller Assoc. of Retired School Personnel 1st Wet new home or home 10ainSept-April (Call for May). KISD Board Rm 35 addition using your TOWN OF WESTLAKE Keller Pkwy 81.7-431-1462 or 817-329-7460. ideas & specifications- Keller Chamber of Commerce, 3rd Wed. 11:30 an Show your builder ORDINANCE NO. 404 mernbers & guests, SkyCreck Ranch Golf Club, 60 what you want. i An ordinance amending the Promontory Dr. Contact Susan Ford, 817-431-2169 Masterplans • Comprehensive Zoning Ordi- KellerGarden, 2ndThur 10 am Sept-May. Milestone 0 nance of the Town of West- 8757 Davis Blvd. 817-431-0924 or 817-379-9947. lake, Texas by amending the Keller Library Board. 3rd Mon. 7 pm, Keller Librw 9 Circle T Planned Develop- CustomWindow Treatments ment Zoning District Supple- ment Ordinance Article 1/11, Draeries & Special Development Stan- Rent-A- VaPances VOLUNTEERS dards, by adding Section 28, permitted use 'Table Supple- PUBLIC HEARING PUBLIC Repfcdrman'Bedding & Pillows METROPORT MEALS ON meet;providing for a sever- Wood & PVC WHEELS needs Volunteers. ability clause; providing for a CITY OF KELLER CITY C Please call 817-491-1141. savings clause; providing for PUBLIC HEARING PUBLR Blinds a penalty clause; and provid- ® Free Estimates ing for an effective date. A public hearing will be held A public hez by the City Council of the City by the City C obile CAROL O'GoRmAN Need to move some of Keller at 7:00 P.M. on of Keller a 817.431.0296 merchandise? Tuesday, November 20, Tuesday, 2001 at Keller City Hall, 158 2001 at Kell - South Main A Keller Business NEED S South Main Street to consid er an application fora zoning er an applici ficir Tyears! HELP9 change for Vannoy Place, change fors 7.382 acres of tend located 21.201-acre List your job on the south of Florence cated north Road and west of Florence and east of f Classified11 Place. The current zoning on The curren opportunities the property is SF-LD (Single property is m'em ®fit Deadline is in Family-Low Density-36,000 Family-Low square foot lots). The re- square foot NOON on quested zoning is PD-SF-LD (Single Fam Call the ro S The Keller (Planned Development-Sin- foot lots). Th -A — — - _. __ •11 n1a Family-1 nw r)pn.,itv- inq is PD-,c