The provisions of this chapter shall not be construed to apply to, or have any effect upon, the regulation of traffic within the city limits.
(Ordinance 299-A, sec. 34, adopted 10/12/59)
The municipal court of the city shall have exclusive original jurisdiction within the territorial limits of the city and property owned by the city located in the city’s extraterritorial jurisdiction in all criminal cases arising under the ordinances of the city, and shall also have jurisdiction concurrently with the justice court of the precinct in which the city is or may be situated in all criminal cases arising under the criminal laws of the state that arise within the city’s territorial limits or property owned by the city located in the city’s extraterritorial jurisdiction and that are punishable by fine only or arise under V.T.C.A., Alcoholic Beverage Code ch. 106 and do not include confinement as an authorized sanction. The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction. An offense which is punishable by “fine only” is defined as an offense that is punishable by a fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment. The fact that a conviction in municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension or revocation of a privilege, dose not affect the original jurisdiction of the municipal court.
(Ordinance 299-A, sec. 4, adopted 10/12/59)
The municipal court shall have a seal having engraved thereon a star of five points in the center, and the words “Municipal Court, Llano, Texas”, and the impress of the seal shall be attached to all proceedings, except subpoenas, issued out of such court, and shall be used to authenticate the official acts of the city judge where he is authorized and required to use the seal of office.
(Ordinance 299-A, sec. 6, adopted 10/12/59)
The corporation court shall be presided over by a judge who shall be known as the “city judge.” The city judge shall have all the powers and authority as granted by state law and the ordinances of this city, and shall perform the duties as required by state law and the ordinances of this city. The city council shall appoint the city judge, and the judge shall receive compensation as may be set by the city council. The city judge shall be appointed for a term of two years and such term shall coincide with the term of the mayor of the city. A city judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the city council, continue to serve for another term of office beginning on the date the previous term of office expired.
(Ordinance 299-A, sec. 1, adopted 10/12/59; Ordinance 941, sec. I, adopted 1/29/04)
If for any reason a vacancy exists in the office of the city judge, the mayor shall serve, without compensation, in the position of city judge until such time as the city council appoints another person to fill the vacancy for the remainder of the unexpired term. If the city judge is temporarily absent or temporarily unable to act for any reason, the mayor shall serve, without compensation, in the position of city judge until such time as the city council appoints another person to perform the powers and duties of the city judge during the time the regular city judge is absent or unable to act. The temporary judge shall serve at the pleasure of the city council, may be removed at will, with or without cause, and shall have the powers and duties of the office of city judge while serving as the temporary city judge and, except for the mayor, shall be entitled to compensation as set by the city council.
(Ordinance 299-A, sec. 2, adopted 10/12/59; Ordinance 941, sec. II, adopted 1/29/04)
In all matters pertaining to the administration of justice concerning which there are no special provisions, the city judge shall be governed by the laws of the state regulating proceedings in justice and municipal courts, as far as such laws may be applicable.
(Ordinance 299-A, sec. 10, adopted 10/12/59)
The city judge shall have power and authority to administer official oaths and all oaths and affirmations, and swear witnesses and jurors in trial before him.
(Ordinance 299-A, sec. 17, adopted 10/12/59)
(a)
The clerk of the municipal court shall be appointed by the city council.
(b)
The clerk of the municipal court shall keep minutes of the proceedings of the court, issue all process and generally perform all of the duties of the clerk of a court as prescribed by law for a county clerk, as far as such law may be applicable.
(Ordinance 299-A, sec. 3, adopted 10/12/59)
(a)
The city secretary shall be ex officio clerk of the municipal court and shall perform such duties as may be required by law and ordinance.
(b)
In the absence of a city council appointed municipal court clerk, the city secretary shall be the ex-officio clerk of the municipal court and shall perform such duties as may be required by law and ordinance.
(Ordinance 16, sec. 1, adopted 7/1/1901; Ordinance 1157, sec. 1, adopted 4/19/10)
All prosecutions in the municipal court shall be conducted by the city attorney or his deputy. If there is no city attorney or deputy, or if the city attorney should be absent, sick or unable to act for any cause, then the county attorney shall conduct all prosecutions in the municipal court until such time as the city attorney shall be qualified and able to act. In case of necessity, the mayor shall have authority to appoint any competent attorney to conduct any proceedings of any kind in the municipal court, but his appointment shall only be temporary.
(Ordinance 299-A, sec. 19, adopted 10/12/59)
(a)
A collection fee is hereby authorized and imposed, as provided by Vernon’s Ann. Code of Criminal Procedure art. 103.0031, in the amount of 30 percent of debts and accounts receivable, such as unpaid fines, fees, court costs, forfeited bonds, or restitution ordered paid by a municipal court serving the city when such debt or account receivable is more than 60 days past due and has been referred to an attorney or private vendor for collection.
(b)
A collection fee is hereby authorized and imposed, as provided by Vernon’s Ann. C.C.P. art. 103.0031, in the amount of 30 percent of amounts in cases in which the accused has failed to appear:
(1)
As promised under V.T.C.A., Transportation Code ch. 543, subch. A, or other law;
(2)
In compliance with a lawful written notice to appear issued under Vernon’s Ann. C.C.P. art. 14.06(b) or other law;
(3)
In compliance with a lawful summons issued under Vernon’s Ann. C.C.P. art. 15.03(b);
(4)
In compliance with a lawful order of a court serving the city; or
(5)
As specified in a citation, summons, or other notice authorized by V.T.C.A., Transportation Code sec. 682.002, that charges the accused with a parking or stopping offense.
When such amounts are more than 60 days past due and have been referred to an attorney or private vendor for collection. |
(c)
The mayor is hereby authorized to enter into a contract to employ and utilize the services of a firm to provide specific legal services and enforce the collection of the debts and accounts receivable on which the foregoing 30 percent collection cost accrues. Such contract is intended to be in accordance and compliance with Vernon’s Ann. C.C.P. art. 103.0031, as amended.
(Ordinance 1248, secs. 1, 2, adopted 8/23/13)
(a)
There is hereby created and established a municipal court building security fund (hereinafter referred to as the “fund”) pursuant to Vernon’s Ann. C.C.P. art. 102.017.
(b)
The Municipal Court of the City of Llano, Texas (hereinafter referred to as the “municipal court”) is hereby authorized and required to assess a municipal court building security fee (hereinafter referred to as the “fee”), in the amount of $3.00, against all defendants convicted in a trial of a misdemeanor offense by the municipal court. Each misdemeanor conviction shall be subject to a separate assessment of the fee.
(c)
The municipal court clerk is hereby authorized and required to collect the fee and pay such fee to the treasury of the city. All such fees collected and paid to the treasury of the city shall be segregated in the fund.
(d)
The fund shall be used only for the purpose of financing the purchase of security devices and/or services for the buildings housing the municipal court of the city. For the purpose of this subsection, the term “security devices and/or services” includes any and all items described in Vernon’s Ann. C.C.P. art. 102.017(d).
(e)
The fund shall be administered by or under the direction of the city.
(Ordinance 701, sec. I, adopted 5/20/96)
(b)
Fee amount, assessment and collection.
(1)
The fee shall be in the amount of $4.00.
(2)
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:
(3)
The fee shall be collected upon conviction for an offense committed on or after June 7, 2004 (or for convictions on offenses committed on or after ordinance is adopted).
(4)
The clerk of the court shall collect the fee and pay the fee to the municipal treasurer or (other official who discharges or performs the duties of the treasurer) of the city, who shall deposit the fee into the municipal court technology fund.
(Ordinance 949, secs. 1–3, adopted 6/7/04)