There is hereby created a municipal court for the city, which
shall be known and designated “Municipal Court of the City of
Lefors, Texas.”
(Ordinance 2, sec. 1, adopted 8/20/81; Ordinance adopting Code)
Said municipal court shall have jurisdiction within the territorial
limits of the city in all criminal cases arising under the ordinances
of the city, and shall also have concurrent jurisdiction with the
justice of the peace of the precinct within which the city is located
in all criminal cases arising under the criminal laws of this state
and arising within such territorial limits, in which said case the
punishment is by fine only, and where the maximum of such fine may
not exceed the statutory limits.
(Ordinance 2, sec. 2, adopted 8/20/81; Ordinance adopting Code)
(a)
Said
court shall be presided over by a judge who shall be known and designated
as the “recorder” of said court. The powers and duties
of the recorder of said court shall be those powers and duties prescribed
by the laws of the state.
(b)
The
mayor of the city shall serve ex-officio as recorder of said court.
(c)
A
vacancy in the office of recorder shall be filled by the city council
for the unexpired term of the mayor only.
(d)
The
salary, if any, of the recorder of said court shall be determined
from time to time by the city council.
(Ordinance 2, sec. 3, adopted 8/20/81)
The city secretary shall be ex-officio clerk of said court,
and said secretary is hereby authorized to appoint a deputy with the
same power as the secretary as ex-officio clerk of said court on such
permanent or temporary basis as may be from time to time authorized
by the city council. Said ex-officio clerk shall hold his office during
his term as city secretary. The clerk of said court shall keep minutes
of the proceedings of said court, issue all process, and generally
perform all the duties of the clerk of a court as prescribed by law
for a county clerk insofar as the same may be applicable. The clerk
shall be the keeper of the seal of said court, and is hereby authorized
to impress said seal upon such proceedings and process as provided
by law.
(Ordinance 2, sec. 4, adopted 8/20/81)
The said court shall have a seal with the words “Municipal
Court in Lefors, Texas,” the impress of which shall be attached
to all papers issued out of said court except subpoenas, and shall
be used to authenticate the official acts of the clerk and of the
recorder.
(Ordinance 2, sec. 5, adopted 8/20/81; Ordinance adopting Code)
Proceedings in the municipal court shall be commenced by complaint,
which shall begin: “In the name and by authority of the State
of Texas”, and shall conclude: “Against the peace and
dignity of the State”, and if the offense is covered only by
an ordinance, it may also conclude: “Contrary to the said ordinance”.
Complaints before such court may be sworn to before any officer authorized
to administer oaths, or before the recorder or clerk of the court,
the city secretary, the city attorney or his deputy, each of whom,
for that purpose, shall have power to administer oaths, as provided
by the laws of the state.
(Ordinance 2, sec. 6, adopted 8/20/81; Ordinance adopting Code)
Prosecutions in said court shall be conducted by the city attorney,
or by his deputy. In the event there is no city attorney, or in the
event of his absence, the evidence on behalf of the prosecution may
be presented by any peace officer, without the intervention of a prosecuting
attorney. The city council is authorized to contract for the special
services of any qualified attorney to prepare and present prosecutions
in said court, whether or not said attorney is duly and officially
appointed or acting as city attorney. The county attorney may, if
he so desires, also represent the city or the state in such prosecutions,
but in such cases he shall not be entitled to receive any fees or
other compensation whatever for said services. The county attorney
shall have no power to dismiss any prosecution pending in said court
unless for reasons filed and approved by the recorder.
(Ordinance 2, sec. 7, adopted 8/20/81)
All process issuing out of the said court shall be served by
a policeman or marshal of the city, under the same rules as are provided
by law for the service by sheriffs and constables of process issuing
out of the justice court, so far as applicable. Each defendant shall
be entitled to at least one day’s notice of any complaint against
him, if such time is demanded.
(Ordinance 2, sec. 8, adopted 8/20/81)
Appeals from said court shall be heard by the county court of
Gray County, except in cases where said county court has no jurisdiction,
in which case such appeal shall be heard by the proper court. In such
appeals, the trial shall be de novo. Said appeal shall be governed
by the rules of practice and procedure for appeals from justice court
to the county court, as far as applicable.
(Ordinance 2, sec. 9, adopted 8/20/81)
The provisions of the Code of Criminal Procedure of the state
regulating the amount and collection of jury and witness fees, and
for enforcing the attendance of witnesses in criminal cases tried
in the justice court, shall, so far as applicable, govern proceedings
in this court.
(Ordinance 2, sec. 10, adopted 8/20/81)
Upon conviction by said court of any defendant for any violation
of town ordinances or state law, properly brought within the jurisdiction
of said court, the fine assessed against said convicted defendant
shall be enforced by execution against the property of the defendant,
as under ordinary executions, or by imprisonment of the defendant,
said defendant being entitled to credit on the fine imposed at such
rate per day of imprisonment as shall be from time to time determined
by the city council, or by collection of said fine in cash from said
defendant, and all such fines as shall be collected shall be paid
into the city treasurer for the use and benefit of the city. When
any such defendant in any such case is committed to custody, in lieu
of his payment of a fine duly and legally assessed against him, said
prisoner shall be committed to the custody of the chief of police
or city marshal of the city, to be held by him in custody, in the
town jail, or in such other safe and proper jail as said officer may
elect, for the prescribed period of time.
(Ordinance 2, sec. 11, adopted 8/20/81)
The recorder of said court may punish for contempt to the same
extent and under the same circumstances as the county judge may punish
for contempt for county court. He shall also have power to take recognizances,
admit to bail, and forfeit recognizances and bail bonds under such
rules as govern such taking and forfeiture in the county court.
(Ordinance 2, sec. 12, adopted 8/20/81)
The duties of city marshal as allowed by the laws of the state
are hereby conferred upon such deputy sheriff of the county as may
be from time to time assigned to duty by the sheriff of the county
in the area encompassing the limits of the city, whether permanently
or temporarily, and said deputy sheriff, hereby designated acting
city marshal, shall have all the powers and duties of the office of
city marshal as provided by the laws of the state.
(Ordinance 2, sec. 13, adopted 8/20/81)
