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2005M06-AMEND CHAPTER 12-Municipal Court of RecordAN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED AND RESTATED, ESTABLISHING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Schertz (the "City") has determined to amend and restate Chapter 12 of the Code of Ordinances of the City. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; Section 1. Chapter 12 of the Code of Ordinances of the City of Schertz, Texas is hereby amended and restated as follows: "ARTICLE XII MUNICIPAL COURT OF RECORD Sec. 12-1. Creation. There is hereby established a municipal court of record to be known as the Municipal Court of Record in the City of Schertz which shall be comprised of its present Municipal Court. Any reference hereafter in this Chapter to the Court or Municipal Court shall be understood to mean the Municipal Court of Record of the City of Schertz, Texas. The Court shall be deemed always open for the trial of causes. Sec. 12-2. Jurisdiction. The Municipal Court shall have the following jurisdiction: (a) Jurisdiction provided by general law for municipal courts; (b) Jurisdiction over criminal cases arising under ordinances authorized by Section 215.072, 217.042, 341.903, and 401.002, Local Government Code; (c) Concurrent jurisdiction with a justice court in any precinct in which the City is located over criminal cases that arise within the territorial limits of the City and are punishable only by fine; 20103903.6 1 (d) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code; (e) Concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Local Government Code, within the City's territorial limits and property owned by the City within the City's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and (f) Authority to issue (1) (2) search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation, and seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises. Sec. 12-3. Appointment of Judge. The Court shall be presided over by one or more municipal judges. All municipal judges shall be appointed by the City Council for a definite term of two (2) years. Each municipal judge must be a resident of the State of Texas, a citizen of the United States, a licensed attorney in good standing and having two or more years of experience in the practice of law in the State of Texas. A judge is entitled to compensation from the City; the amount of such compensation is determined by the City Council and cannot be diminished during the judge's term of office. Such compensation may not be based directly or indirectly on fines, fees, or costs collected by the Court. A municipal judge may be removed from office by the City Council for the reasons stated in the City Charter or, if the Charter does not provide for removal, as provided by the Constitution of the State of Texas or state statutes. A person may not serve as a municipal judge if the person is otherwise employed by the City. A municipal judge who accepts other employment with the City vacates his or her judicial office. If there is more than one municipal judge in the City, the City Council shall appoint one of the judges as the presiding judge. If there is only one municipal judge, for purposes of this Chapter, the municipal judge shall be the presiding judge. A presiding judge shall (a) maintain a central docket for cases filed within the territorial limits of the City; (b) provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the Courts; (c) request the jurors needed for cases that are set for trial by jury; 20103903.6 2 (d) temporarily assign judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a Court if necessary for the expeditious disposition of business in the Courts; and (e) during proceedings of the Court, supervise and control the operation and clerical f-unctions of the administrative departments of the Court, including the Court's personnel. The City Council may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent. The municipal judges may exchange benches and act for each other in any proceeding pending in the Courts. An act performed by any of the judges is binding on all parties to the proceeding. The presiding judge shall select one of the qualified persons appointed by the City Council to serve as a substitute judge during the absence of a municipal judge. The substitute judge, while serving as a municipal judge, must meet the qualifications prescribed for the municipal judge and has all the powers and shall discharge all the duties of a municipal judge. If the judge of the Municipal Court is disqualified or recused in a pending case, the judge of another municipal court located in an adjacent municipality may sit in the case. A municipal judge may not sit in a case for another municipal judge under this section if either party objects to the substitute judge. An objection must be filed before the first hearing or trial, including pretrial hearings, over which the substitute judge is to preside. The municipal judge shall take judicial notice of state law and the ordinances and the corporate limits (including extraterritorial jurisdiction) of the City. The judge may grant writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the Court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the Court. A municipal judge is a magistrate and may issue administrative search warrants. Sec. 12-4. Appointment of Municipal Court Prosecutor. The City Council shall appoint a member of the State Bar of Texas as a prosecutor for the Municipal Court of Schertz, Texas. The City Council may appoint one or more assistant prosecutors if it deems such appointments to be necessary. The appointments shall be for an indefinite period with the compensation being set by the City Council. Such appointees shall serve at the will and pleasure of the City Council. Sec. 12-5. Court Clerk and Other Court Personnel. The City Manager shall appoint the court clerk and may provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the Municipal Court. The wages and benefits for such personnel shall be set by the City Manager in accordance with the personnel rules of the City, and, except as specifically set forth in this Chapter, such personnel shall report to and be subject to supervision and discipline by the City Manager. The court clerk and the deputy court clerks shall keep the records of the Municipal Court, 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 clerk shall maintain an index of all 20103903.6 3 Court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk and other Court personnel shall perform their Court- related duties under the direction and control of the presiding judge. The court clerk and other court personnel shall perform such duties in accordance with applicable statutes, the City Charter, City ordinances, City policies and the presiding judge's orders. Sec. 12-6. Authority of Magistrate. A municipal judge also serves as a magistrate and is authorized to (a) issue warrants of arrest upon receipt of a signed, swom affidavit; (b) advise defendants and accused of their fights in criminal cases; (c) advise juveniles concerning their fights prior to being questioned in criminal matters and prior to signing written statements; and (d) issuing emergency protective orders in stalking and family violence matters. Sec. 12-7. Administration Procedures to be Prepared by Municipal Judge. The municipal judge shall prepare administrative procedures for the preparation and issuance of warrants, a warrant docket, the payment of fines and fees, arrest and confinement of defendants, release of defendants on bond, schedules of cases on the docket of the Municipal Court and other pertinent administration policies which provides for timely and efficient operation of the Municipal Court function. Such administrative regulations shall be approved by the City Manager and shall contain strict controls pertaining to the collection of fines and fees and the payment of cash bonds so as to insure financial integrity. Sec. 12-8. Prosecutions to be by Written Complaint. All prosecutions in the Municipal Court shall be by written complaint. A citation for fine-only misdemeanor offenses shall be used as a complaint for defendants to plead not guilty, guilty, or nolo contendre except for public intoxication, which shall require a sworn complaint to initiate the proceedings. If a defendant enters a plea of not guilty, the Municipal Court shall file a sworn complaint. If a defendant fails to appear and the court issues an arrest warrant for the defendant, a sworn complaint shall be a requirement and shall be on file in the Municipal Court. Sec. 12-9. Collection of fines, fees and special expenses. The judge of the Municipal Court is authorized to assess, levy, and direct collection of fines, special expenses, and fees in connection with violations of state laws, City ordinances, warrants of arrest, and posting of cash bonds. 20103903.6 4 (a) The judge may designate violations of ordinances and laws within the jurisdiction of the Municipal Court which may be satisfied by payment of a fine at the Municipal Court clerk's office as prescribed within the limits of Texas State law . (b) The fines assessed in the Municipal Court, except for maximum and minimum fines set by State law, shall be at the discretion of the judge. Court costs shall be levied as directed by State law. In addition to fines and court costs, certain fees shall be collected as directed by State law and City ordinance. (c) All such collections shall be deposited in the City treasury and distributed in accordance with the laws of the State of Texas and City ordinances. Sec. 12-10. Warrants; Failure to Appear. (a) Warrants of arrest issued shall be executed in the form and manner provided by law. After the arrest of a defendant, defendant shall be confined to jail until such times as said defendant is brought before the magistrate, posts bond in the form and manner required by law or pays the fines and fees assessed on the warrant for his/her arrest. (b) In the event a defendant is released pursuant to his bond and fails to make his appearance on his scheduled Court docket of the Municipal Court, such bond or bonds shall be forfeited in the manner provided by law, and a new and additional complaint for failure to appear shall be filed and the court clerk or deputies of the Court shall then cause warrants to be issued on the charges for which the bond or bonds were posted. Sec 12-11. Appeal. Appeals from the Municipal Court, including appeals from final judgements in bond forfeiture proceedings, shall be heard by the County Court of the County (Bexar, Comal, or Guadalupe) in which the charged offense occurred on the basis of errors that are set forth in the appellant's motion for a new trial and that are presented in the transcript and statement of facts prepared from the proceedings leading to the conviction or appeal. In addition to the applicable transcript preparation fee (which shall initially be $25 but which may be set from time to time by the City Council), which does not include the fee for the actual transcript of the proceeding, the court clerk and the deputies shall be authorized to charge the fee for the actual transcript of the proceedings. Sec 12-12. Recording of Proceedings. All proceedings taking place before the Municipal Court shall be recorded by a good quality electronic recording device. All recordings shall be kept for the 20-day period beginning the day after the last day of the Court proceeding, trial, or denial of motion for new trial, whichever occurs last. If a case is appealed, the proceedings shall be transcribed fi.om the 20103903.6 5 recording by an official court reporter who meets the qualifications provided by law for official court reporters. Sec. 12-13. Seal of the Municipal Court. The City Council shall provide the Municipal Court with a seal with a star of five (5) points in the center and the words "Municipal Court in Schertz, Texas". The impress or imprint of the seal shall be attached to all papers, except subpoenas, issued out of the Court and shall be used by each municipal judge or clerk to authenticate all official acts of the clerk and the judge. Sec. 12-14. Commencement of Operation. (a) The Court shall commence operating as a court of record on January 1, 2005. Co) All cases filed in the Court prior to such date, but not disposed of prior to that date, shall be tried in the Municipal Court of Record. (c) For the purposes of this section, a case shall be deemed disposed of if the judge has entered a finding of guilty or the defendant has entered a plea of guilty or nolo contendere. (d) The Court shall continue to function under its previous powers and authorities as a municipal court of the City until such date as the Court of Record commences operation." II. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. III. This Ordinance shall be effective from and after its final passage and any publication required by the City Charter. By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading. 20103903.6 6 PASSED, APPROVED AND ADOPTED this the 1 stray of M~ch, 2005. Mayor, City 6f Schertz, Texas ATTEST: Citrate, City of Sche~z , ~ ~ · (Sea~ o~ City) 20103903.6 7 PUBLISHER'S AFFIDA FIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared Jamie Mobley, known to me, who, being by me duly sv~om, on his oath Deposes and says that he is the M~naging Editor of The Seguin Gazette- Enterprise a, a newspaper published in said county: that a copy of the within and Foregoing notice was published in said newspaper time(s) before the Return day named therein, such publications being on the following dates' ..... r~~ .. (,,,.~70¢~~ . ~._,~. r~o. ~r-,,,_ oc And :opy of which is hereto attached. Swo ubs ,/ ~ . . ,A.D., 2005 Notary P iic, Guadalupe County, Texas _day of AN ORDINANCE BY,' THE" ~TY' coUNClk ~":THE 'CITY OS PROVIDING". THAT. CHAFTER 12 OF. THE C0DE ' 0E ORDINAN- ' CES, . CITY ' OF. SCHER'I-Z, TEXAS BE- AMENDED AND STATED, ESTABLISH; TE,G ~ E.FFEC~V~.. PUBLISHER'S A FFIDA VIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appe Jamie Mobley, known to me, who, being by me duly sworn, on his Deposes and says that he is the M~inaging Editor of The Seguin G Enterprise a, a newspaper published in said county: that a copy of Foregoing notice was published in said newspaper time(s) Return day named therein, such publications being on the foiiowin< ., / .... ,.. ...... 0 ~ ~- And,;,~" ttached. ,\ !, _/,\ Swo~ ,,nd~ubscribed ~re me this ~' ~ day of , A.D., 2005 Notary P~L~Iic, Guadalupe County, Texas :ared oath azette- the within and before the dates' ORDINAN(: NO. AN ORDINANCI THE CITY COl OF THE SCHERTZ, PROVIDING CHAPTER 12 O~ CODE OF CES, CITY SCHERTZ, AMENDED AN[ STATED, lNG AN DATE, AND lNG AN EMERG[ PASSED, AND day of March Deputy City Mary Ybarra