The corporation court of the city and the offices relating thereto are hereby continued, subject to the limitations provided in this chapter, and the name of the corporation court is hereby changed to the “Municipal Court of the City of El Lago, Texas,” referred to in this chapter as the “municipal court.”
(Ordinance 203, sec. 1, adopted 5/19/86; Ordinance 215, sec. 1, adopted 4/20/87)
(a) 
The office of judge of the municipal court, referred to in this chapter as the “municipal judge” shall be filled by appointment by the mayor, subject to confirmation by ordinance by the city council. The term of office of the municipal judge shall be for a term of two (2) years and thereafter the office shall be filled by appointment every two (2) years for a term of two (2) years. The municipal judge shall preside over the municipal court and shall be vested with such powers and duties as shall, from time to time, be provided by the laws of the state, by the ordinances of the city, and by the resolutions of the city council.
(b) 
Pursuant to VTCA Government Code, section 29.004(b), the municipal judge shall comply with the judicial education requirements of VTCA Government Code, section 29.008.
(Ordinance 203, sec. 2, adopted 5/19/86; Ordinance 215, sec. 2, adopted 4/20/87)
(a) 
There shall be appointed not less than one (1) person, and so many persons as may be required for the proper and efficient administration of the municipal court, to serve as temporary judge of the municipal court. When the municipal judge is temporarily unable to serve for any reason, a temporary judge may sit for the regular judge. Temporary judges shall be appointed by the mayor and subject to confirmation by ordinance by the city council. The term of office of the temporary judge shall be for two (2) years and thereafter the office shall be filled by appointment every two (2) years for a term of two (2) years. The mayor shall be deemed to be an ex officio temporary judge of the municipal court; however, the mayor pro tem shall not be authorized to function in the capacity as ex officio temporary judge. The office of temporary judge is vested with all the powers and duties as are prescribed for the municipal judge.
(b) 
Pursuant to VTCA Government Code, sections 29.004(b) and 29.007(g), the temporary judges shall comply with the same judicial education requirements that apply to the municipal judge.
(Ordinance 203, sec. 3, adopted 5/19/86; Ordinance 215, sec. 3, adopted 4/20/87)
The city secretary shall function as the ex officio clerk of the municipal court; provided, however, that a deputy city secretary may be appointed by the city secretary, subject to confirmation by ordinance by the city council, to serve as clerk of the municipal court. The clerk of the municipal court shall keep minutes of the proceedings of the municipal 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 same may be applicable.
(Ordinance 203, sec. 4, adopted 5/19/86; Ordinance 215, sec. 4, adopted 4/20/87)
The mayor shall appoint a duly-licensed attorney to serve as prosecutor of the municipal court, subject to confirmation by ordinance by the city council. The prosecutor of the municipal court, or his designated representative, shall represent the city in all proceedings in municipal court. The term of office of the prosecutor of the municipal court shall be for a term of two (2) years, and such position shall be filled thereafter every two (2) years for a term of two (2) years. The prosecutor of the municipal court shall have the powers and duties as prescribed by law and by ordinance, and resolution of the city.
(Ordinance 203, secs. 5, 8, adopted 5/19/86; Ordinance 215, secs. 5, 8, adopted 4/20/87)
Compensation for services rendered in each of the offices provided for in this chapter shall be prescribed by resolution adopted by the city council.
(Ordinance 203, sec. 10, adopted 5/19/86; Ordinance 215, sec. 10, adopted 4/20/87)
Nothing in this chapter shall limit or prohibit the reappointment of any person to successive terms of office. All officers appointed pursuant to this chapter shall qualify for office as required by law and shall hold their terms of office for the term appointed and until their successors have been duly appointed and qualified. A vacancy in office shall be filled by appointment, in the manner originally provided herein, for the remaining portion of the unexpired term during which the appointment is made.
(Ordinance 203, sec. 11, adopted 5/19/86; Ordinance 215, sec. 11, adopted 4/20/87)
(a) 
The municipal court shall follow the rules and procedures set out in Articles 45.50 through 45.54 of the Code of Criminal Procedure governing the imposition and collection of fines assessed by the court.
(b) 
A special expense of twenty-five dollars ($25.00) shall be paid into the city treasury for issuance and service of each warrant of arrest for offenses under Section 38.11 of the Penal Code, Section 149 of the Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon’s Texas Civil Statutes) or as described in Article 17.04 of the Code of Criminal Procedure dealing with personal bonds.
(c) 
The municipal court of the City of El Largo is hereby authorized to collect a special expense of ten dollars ($10.00) from each defendant whose citation is ordered dismissed by the municipal court because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense, provided that such citation shall have been issued to such defendant on or after September 1, 1987 for an alleged offense committed on or after September 1, 1987.
Editor’s note—Ordinance 226, sec. 1, adopted Sept. 2, 1987, did not specifically amend the Code, hence inclusion herein as sec. 10-9(c) was at the discretion of the editor.
(Ordinance 179 adopted 10/17/83; Ordinance 224 adopted 8/3/87; Ordinance 226, sec. 1, adopted 9/2/87)
There is herein created a special revenue municipal court building security fund to be used to provide security for the municipal court, its employees, and judges. Defendants convicted in a trial for a misdemeanor offense in municipal court will pay a three dollar ($3.00) security fee as cost of trial into that fund.
Editor’s note—Section 2 of Ordinance 294, adopted Feb. 12, 1996, did not specifically amend the Code, hence inclusion as sec. 10-10 was at the discretion of the editor.
(Ordinance 294, sec. 2, adopted 2/12/96)
(1) 
Establishment.
(a) 
There is hereby created and established a municipal court technology fund, here-in-now known as “the fund,” pursuant to Article 102.0172 of the Code of Criminal Procedure.
(b) 
The fund may be maintained in an interest bearing account and may be maintained in the general revenue account.
(2) 
Amount of fee, assessment, and collection.
(a) 
The fee shall be in the amount of four dollars ($4.00).
(b) 
The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if:
(1) 
A sentence is imposed on the person;
(2) 
The person is placed in community supervision, including deferred adjudication community supervision; or
(3) 
The court defers final disposition of the person’s case.
(c) 
The fee shall be collected on conviction for an offense committed on or after this section is adopted.
(d) 
The clerk of the court shall collect the fee and pay the fee to the finance officer of the City of El Lago who shall deposit the fee into the municipal court technology fund.
(e) 
This section does not apply to parking violations.
(3) 
Designated use of the fund and administration.
(a) 
The fund shall be used only to finance the purchase of technological enhancements for the municipal court of the City of El Lago, including:
(1) 
Computer systems;
(2) 
Computer networks:
(3) 
Computer hardware;
(4) 
Computer software;
(5) 
Imaging systems;
(6) 
Electronic kiosks;
(7) 
Electronic ticket writers; or
(8) 
Docket management systems.
(b) 
The fund shall be administered by or under the direction of the city council of the City of El Lago.
(Ordinance 316, sec. 1—3, adopted 10/4/99)