HomeMy WebLinkAboutOrd 337 Amending Ordinance which created the Municipal Court ORDINANCE NO.337
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, CREATING AND ESTABLISHING A MUNICIPAL
COURT; PROVIDING FOR A REGULAR MUNICIPAL JUDGE, ALTERNATE
JUDGES, COURT CLERK, AND ALTERNATE CLERKS; PROVIDING FOR
THE, FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT
JUDGE AND CLERK; PROVIDING FOR THE SETTING OF COURT
SESSIONS; REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED
OR ORDERED TO APPEAR IN THE MUNICIPAL COURT FOR VIOLATION
OF A STATE STATUTE, TOWN ORDINANCE OR OTHER LAW OR
REGULATION; AUTHORIZING THE MUNICIPAL COURT CLERK TO FILE
A COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS
SUMMONED IA4TH THE OFFENSE OF FAILURE TO APPEAR;
ESTABLISHING AND IMPOSING A WARRANT FEE OF TWENTY FIVE
DOLLARS S25.00 FOR THE ISSUANCE AND SERVICE OF AN ARREST
WARRANT WHEN A DEFENDANT IS NOT CONVICTED OF A CLASS C
MISDEMEANOR AND A WARRANT FEE OF FIFTY DOLLARS $50.00 FOR
EXECUTING OR PROCESSING AN ISSUED ARREST WARRANT OR CAPIAS
WHEN A DEFENDANT IS CONVICTED OF A CLASS C MISDEMEANOR;
DESIGNATING THE FUNDS INTO WHICH SUCH FEES ARE TO BE F AID;
REPEALING ORDINANCE NO. 325; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the 'Town has heretofore adopted Ordinance No. 325 relating to the
Municipal Court and its processes, and it is the intent of the Aldermen, by the adoption of
this Ordinance,to reenact the terms of Ordinance No. 325 without affecting a substantive
change in the law except for the provisions of Section 4.A.(1) and Section 7; and
WHEREAS, the Board of Aldermen hereby fmds that the adoption of this
Ordinance is in the best interests of the citizens of the Town;
NOW, THEREFORE, BE IN ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: Municipal Court.
A) Creation. There is hereby created and established a court designated as a
municipal court of the Town of Westlake, Texas (the "Town"), for the trial of
misdemeanor offenses, including violations of municipal ordinances, with all
such powers and duties as are now, or may hereafter,be prescribed by the
laws of the State relative to municipal courts.
B) Judge and Associate Judges.
1) The Board of Alderman shall appoint a person, a Texas Licensed Attc rney,
to act as judge of the municipal court. Said initial appointee shall hold his or
her terns 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 Board of Aldermen may appoint by resolution 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
ail, 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, and shall receive the
compensation set by the Board of Aldermen for the regular municipal judge.
C) Clerk and Alternate Clerks. A clerk for the municipal court shall be
appointed by the Board of Aldermen. Said initial appointee shall hold his
or her term of office corresponding to the unexpired term of the mayor, and
every two (2) years thereafter a clerk shall be appointed for a two (2)year
term. The clerk shall keep minutes of the proceedings of the municipal court,
issue all process and generally perform the duties of the clerk of a court as
prescribed by law for a county clerk in so far as the same may be applicable.
D) Vacancy. A vacancy in the office of municipal court judge or clerk of the
court shall be filled by the Board of Aldermen for the unexpired term only.
E) Setting Time of Court Sessions. The municipal judge shall have power to
set time for court sessions as the docket may require.
SECTION 2: Failure to AppearNiolate Promise to Appear.
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A) Appearance Required. That any person summoned or ordered to appear in
the Tovm municipal court 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 at the date and time
specified in the summons or order. For 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 2.A. of this Ordinance fails to appear,
the municipal court clerk shall be authorized and empowered to file a
complaint in municipal court charging that person with failure to
appearNiolate promise to appear as summoned or ordered.
SECTION 3: 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 4: Warrant Fees. That the following fees are hereby and shall l e
imposed and collected by the Town Municipal Court in tine following instances:
A) Defendant Convicted of Misdemeanor.
1) When a defendant has been convicted in the Municipal Court of the
Town,the defendant shall pay the sum of Fifty Dollars $50.00 for
the execution or processing of an issued arrest warrant or capias by a
peace of:.=rcer. 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.
2) Proceeds collected hereunder shall be retained by the Town in
accordance with law.
B) 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 N[unicipal Court of the
violation for which the arrest warrant was issued, a fee not to exceed the sure
of Twenty-five Dollars ($25.00) shall be imposed and collected by the Town
in the following instances:
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a) When a person fails to appear in accordance with Section 38.10,
Texas Penal Code, as amended, and with chapter 543, Subehapter 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 a 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 4.8. in an amount not to exceed Twenty Five Dollars$25.00.
3) The funds collected pursuant to this Section 4.B. shall be paid into the
Town-treasury for the use and benefit of the Town.
SECTION 5: Savings, Repealer. This Ordinance shall be cumulative of all
other ordinances of the Town affecting the Town'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 indirect conflict with the provisions of this Ordinance; provided
however, that Ordinance No. 325 of the Town shall be and is hereby repealed.
SECTION 6: Severability. If any section, article,paragraph, sentence, clause,
phrase, or word in this Ordinance, or application thereto any person or eircurnstan,es 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 Board of
Aldermen 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.
SECTION 7: Penalty. It shall be unlawful for any person to violate Section 2 of
this Ordinance, and any person violating or failing to comply with Section 2 shall be
fined., upon conviction, not less that One Dollar($1.00)nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed.committed upon each day
during or on which a violation occurs or continues.
SECTION 8: Engrossment and Enrollment. The Town Secretary of the Town
of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact
Caption, Publication Clause and Effective Date clause in the minutes of the Board of
Aldermen of the Town of Westlake and by filing this Ordinance in the Ordinance records
of the Town.
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SECTION -9; Publication Clause. The Town Secretary of the Town of Westlake
is hereby directed to publish in one issue of the Official newspaper of the Town of
Westlake,the Caption, and Effective Date clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 110: Effective Date. This Ordinance shall apply only to offenses
committed on or after September 1, 1999, and shall be in full force and effect from and
after its date of passage.
PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake,
Texas on this the 27'E' day of September, 1999.
ATTEST: Scott Bradley,Mayor
.Gin&r Crosswy, Tc%Nm S c etary
r
APPROVED AS TO FORM:
L. tori Lo Twn Attorney
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PUBLISHER'S AFFIDAVIT
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
337 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 October
5, 1999.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
COUNTY OF TARRANT §
SWORN TO AND SUBSCRIBED BEFORE ME
BY Pam Nolte
this 3 — day of November, 1999, to certify which
witness my hand and seal of office.
W J'-� G . )T !
Notary Public, State of Texas
Printed Name of Notary
My commission expires
A�p� R�oA G MC RAY
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