A municipal court of record is hereby created for the city in accordance with the Uniform Municipal Courts of Record Act (the “Act”) effective the 1st day of June, 2009 (the “effective date”).
(Ordinance 1082, sec. 1, adopted 5/11/09)
The municipal court herein created shall be known and designated as the “Municipal Court of Record of the City of Iowa Park, Texas.”
(Ordinance 1082, sec. 2, adopted 5/11/09)
The municipal court of record of the city shall be in lieu of the current municipal court of the city, and all cases pending in the municipal court of the city on the effective date shall be transferred to and thereafter disposed of in the municipal court of record of the city.
(Ordinance 1082, sec. 3, adopted 5/11/09)
The municipal court of record of the city shall have subject matter jurisdiction as provided by general law for municipal courts and, in addition, the following subject matter jurisdiction:
(1) 
Over criminal cases arising under ordinances authorized by sections 215.072 (dairies; slaughterhouses), 217.042 (nuisances), and 341.903 (municipal owned property outside municipality), of the Texas Local Government Code.
(2) 
Concurrent jurisdiction with the justice court in the precinct in which the city is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine.
(3) 
Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Texas Local Government Code (relating to dangerous structures), or subchapter E, chapter 683, Texas Transportation Code (relating to junked vehicles; public nuisance and abatement).
(4) 
Concurrent jurisdiction with a district court or a county court at law under subchapter B, chapter 54, Texas Local Government Code (relating to municipal health and safety ordinances), within the municipality’s territorial limits and property owned by the municipality located in the municipality’s extraterritorial jurisdiction, for the purpose of enforcing health and safety and nuisance abatement ordinances.
(5) 
Authority to issue:
(A) 
Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation;
(B) 
Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises; and
(C) 
Writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court.
(Ordinance 1082, sec. 5, adopted 5/11/09)
(a) 
The municipal court of record of the city shall be presided over by one or more municipal judges.
(b) 
The city council shall appoint a presiding judge of the municipal court of record of the city and may appoint, from time to time, such other judges or temporary judges as it deems necessary in accordance with the Act.
(c) 
The city council shall establish a salary for each municipal judge appointed in accordance with the Act. The amount of a judge’s salary may not be diminished during the judge’s term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the court.
(d) 
Each municipal judge must:
(1) 
Be a resident of this state;
(2) 
Be a citizen of the United States;
(3) 
Be a licensed attorney in good standing; and
(4) 
Have two or more years of experience in the practice of law in this state.
(e) 
A person may not serve as municipal judge if the person is otherwise employed by the city. A municipal judge who accepts employment with the city vacates the judicial office.
(f) 
Each municipal judge shall serve for a term of two years commencing October 1 and ending on September 30 of the second year following the commencement date. The first term of office following adoption of this article shall commence on the effective date and shall end on September 30, 2009. The individual now serving as judge of the municipal court of the city is hereby appointed as presiding judge of the municipal court of record of the city to serve the first term specified above.
(Ordinance 1082, sec. 6, adopted 5/11/09)
A municipal judge may be removed from office at any time upon the grounds set forth for removing members of the city council for the reasons set forth in article V, section 1-a, of the state constitution.
(Ordinance 1082, sec. 7, adopted 5/11/09)
The presiding judge of the municipal court of record of the city may make and publish all rules of practice and procedure necessary to expedite the trial of cases before the courts that are not inconsistent with law.
(Ordinance 1082, sec. 8, adopted 5/11/09)
The city council shall appoint the following persons, who will serve at the pleasure of the city council: (1) a clerk of the municipal court of record of the city, and (2) such deputy clerks, warrant officers, or other personnel as needed for the proper operation of the municipal court of record of the city. Such officers shall have the duties and responsibility provided by the Act and applicable law and shall serve under the direction of the presiding judge as required by the Act. The individuals now serving as the clerk and deputy clerk of the municipal court of the city, respectively, are hereby appointed as the clerk and deputy clerk, respectively, of the municipal court of record of the city as of the effective date.
(Ordinance 1082, sec. 9, adopted 5/11/09)
The proceedings of the municipal court of record of the city shall be recorded by a good quality electronic recording device meeting the requirements of the Act and applicable law. A court reporter will not be required except for transcription of proceedings for purposes of appeal or as provided in the Act. The city manager shall, from time to time, appoint an official court reporter, who will have the qualifications provided by law for official court reporters. The official court reporter appointed by the city manager shall serve at the pleasure of the city manager, who shall have authority to remove such official court reporter at any time. The appointment of an individual as the official court reporter shall not entitle such person to a salary nor shall such person have any right or expectation of continued appointment as the official court reporter.
(Ordinance 1082, sec. 10, adopted 5/11/09)